Indicate by check mark whether the registrant files or will file annual reports under cover Form 20-F or Form 40-F.
Form 20-F ___X___ Form 40-F _______
Indicate by check mark whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
Yes _______ No___X____
This report on Form 6-K is incorporated by reference in the Registration
Statement on Form F-3 of Petróleo Brasileiro -- Petrobras (No. 333-163665).
Petróleo Brasileiro S.A. - Petrobras
Financial Statements
December 31, 2010 and 2009
Petróleo Brasileiro S.A. - Petrobras
Financial Statements
December 31, 2010 and 2009
Contents
Independent auditors report | 4 |
Balance Sheet | 5 |
Statement of Income | 6 |
Statement of Changes in Shareholders Equity | 7 |
Statement of Cash Flows | 9 |
Statement of Added Value | 10 |
Statement of Business Segmentation (consolidated) | 14 |
Social balance | 17 |
Notes to the Financial Statements | ||
1 The Company and its operations | 21 | |
2 Presentation of the financial statements | 21 | |
3 Adoption of international accounting standards | 24 | |
4 Consolidation basis | 33 | |
5 Description of significant accounting policies | 37 | |
6 Cash and cash equivalents | 45 | |
7 Marketable securities | 45 | |
8 Accounts receivable | 46 | |
9 Inventories | 47 | |
10 Petroleum and alcohol accounts - STN | 47 | |
11 Related parties | 48 | |
12 Deposits in court | 57 | |
13 Acquisitions and sales of assets | 58 | |
14 Investments | 65 | |
15 Property, plant and equipment | 69 | |
16 Intangible assets | 71 | |
17 Exploration activities and valuation of oil and gas reserves | 74 | |
18 Financing | 78 | |
19 Leasing | 84 | |
20 Provisions for dismantling of areas (non-current) | 85 | |
21 Taxes, contributions and profit-sharing | 86 | |
22 Employee benefits | 93 | |
23 Employee and management profit-sharing | 103 | |
24 Equity | 103 | |
25 Sales revenue | 110 | |
26 Expenses by nature | 110 | |
27 Other operating expenses, net | 110 | |
28 Financial income and expenses | 111 | |
29 Legal proceedings and contingencies | 112 | |
30 Commitments assumed by the energy segment | 126 | |
31 Guarantees for concession agreements for petroleum exploration | 127 |
2
32 Derivative financial instruments, hedge and risk management activities | 127 |
33 Insurance | 143 |
34 Fair value of financial assets and liabilities | 144 |
35 Security, environment, energy efficiency and health | 145 |
36 Subsequent events | 145 |
3
Independent auditors report on the financial statements
To
The Board of Directors and Shareholders
Petróleo Brasileiro S.A. - Petrobras
Rio de Janeiro - RJ
1. We have examined the accompanying individual and consolidated financial statements of Petróleo Brasileiro S.A. - Petrobras (Company), identified as Parent Company and Consolidated, respectively, which comprise the balance sheet as of December 31, 2010 and the respective statements of income, comprehensive income, changes in shareholders equity and cash flows for the year then ended, as well as a summary of significant accounting policies and other notes to the financial statements.
Managements responsibility for the financial statements
2. The Companys management is responsible for the preparation and fair presentation of the individual financial statements in accordance with accounting practices adopted in Brazil and of the consolidated financial statements in accordance with International Financial Reporting Standards (IFRS), issued by the International Accounting Standards Board (IASB), and in accordance with accounting practices adopted in Brazil, as well as for the internal control as it considers necessary to enable the preparation of financial statements free of material misstatements, regardless of whether due to fraud or error.
Independent auditors responsibility
3. Our responsibility is to express an opinion on these financial statements based on our audit, conducted in accordance with the Brazilian and International Standards on Auditing. These standards require compliance with ethical requirements by the auditor and that the audit is planed and performed for the purpose of obtaining reasonable assurance that the financial statements are free from material misstatement.
4. An audit involves performing selected procedures to obtain evidence with respect to the amounts and disclosures presented in the financial statements. The procedures selected depend on the auditors judgment, and include the assessment of the risks of material misstatements of the financial statements, regardless of whether due to fraud or error. In the assessment of these risks, the auditor considers the relevant internal controls for the preparation and fair presentation of the Companys financial statements, in order to plan audit procedures that are appropriate in the circumstances, but not for purposes of expressing an opinion on the effectiveness of the Companys internal controls. An audit also includes evaluating the adequacy of the accounting practices used and the reasonableness of the accounting estimates made by management, as well as evaluating the overall presentation of the financial statements taken as a whole.
5. We believe that the audit evidence obtained is sufficient and appropriate for expressing our opinion.
4
Opinion on the individual financial statements
6. In our opinion, the aforementioned individual financial statements present fairly, in all material respects, the financial position of Petróleo Brasileiro S.A. - Petrobras as of December 31, 2010, and of its financial performance and its cash flows for the year then ended in accordance with accounting practices adopted in Brazil.
Opinion on the consolidated financial statements
7. In our opinion, the aforementioned consolidated financial statements present fairly, in all material respects, the consolidated financial position of Petróleo Brasileiro S.A. - Petrobras and its subsidiaries as of December 31, 2010, its consolidated financial performance and its consolidated cash flows for the year then ended, in accordance with the International Financial Reporting Standards (IFRS) issued by the International Accounting Standards Board (IASB) and accounting practices adopted in Brazil.
Emphasis
8. As mentioned in Note 2, the Companys financial statements were prepared in accordance with accounting practices adopted in Brazil. In the case of Petróleo Brasileiro S.A. - Petrobras these practices differ from IFRS, applicable to the separate financial statements, only with respect to the valuation of the investments in subsidiaries, associated companies and jointly controlled subsidiaries by the equity accounting method, while for IFRS purposes it would be cost or fair value; and by the option for maintaining the balance of deferred assets, existing as of December 31, 2008, which is being amortized.
Other matters
Statements of added value, segment reporting and social balance
9. We have also examined the individual and consolidated statements of added value, segment reporting and accounting information contained in the social balance statement for the year ended December 31, 2010. These statements were submitted to the same audit procedures described above and, in our opinion, are presented fairly, in all material respects, in relation to the financial statements taken as a whole.
Rio de Janeiro, February 25, 2011
KPMG Auditores Independentes
CRC SP-014428/O-6 F-RJ
Manuel Fernandes Rodrigues de Sousa
Accountant CRC-RJ-052428/O-2
5
Petróleo Brasileiro S.A. - Petrobras
Balance Sheets
Years ended December 31, 2010 and 2009 and January 1, 2009
(In millions of reais) | |||||||||||||||
Consolidated | Parent company | Consolidated | Parent company | ||||||||||||
Assets | Note | 2010 | 2009 | 01.01.2009 | 2010 | 2009 | 01.01.2009 | Liabilities | Nota | 2010 | 2009 | 01.01.2009 | 2010 | 2009 | 01.01.2009 |
Current assets | Current liabilities | ||||||||||||||
Cash and cash equivalents | 6 | 30,323 | 29,034 | 16,099 | 19,995 | 16,798 | 11,268 | Financing | 18 | 15,492 | 15,166 | 13,640 | 1,506 | 3,123 | 2,506 |
Marketable securities | 7 | 26,017 | 124 | 289 | 33,731 | 1,718 | 0 | Financial leases | 19.1 | 176 | 390 | 585 | 3,149 | 3,557 | 5,053 |
Trade accounts receivable, net | 8.1 | 17,334 | 14,062 | 14,969 | 16,178 | 12,844 | 17,370 | Accounts payable to suppliers | 17,044 | 17,082 | 17,168 | 9,567 | 9,670 | 10,187 | |
Dividends receivable | 11.1 | 251 | 18 | 20 | 1,523 | 780 | 988 | Taxes, contributions and profit-sharing | 21.2 | 10,250 | 10,590 | 8,555 | 7,837 | 8,268 | 6,468 |
Inventories | 9 | 19,816 | 19,448 | 18,391 | 15,199 | 14,437 | 12,429 | Proposed dividends | 24.5 | 3,595 | 2,333 | 9,915 | 3,595 | 2,333 | 9,915 |
Taxes, contributions and profit-sharing | 21.1 | 8,935 | 7,023 | 7,871 | 5,911 | 4,049 | 5,183 | Salaries, vacation pay and charges | 2,606 | 2,304 | 2,027 | 2,174 | 1,907 | 1,561 | |
Advances to suppliers | 1,310 | 1,981 | 1,594 | 1,048 | 1,750 | 1,419 | Provision for profit-sharing for employees and officers | 23 | 1,691 | 1,495 | 1,345 | 1,428 | 1,270 | 1,138 | |
Other current assets | 2,699 | 2,684 | 2,815 | 1,673 | 1,700 | 1,510 | Healthcare and pension plans | 22 | 1,303 | 1,208 | 1,152 | 1,209 | 1,123 | 1,072 | |
106,685 | 74,374 | 62,048 | 95,258 | 54,076 | 50,167 | Subsidiaries and affiliated companies | 149 | 128 | 147 | 30,113 | 46,167 | 67,610 | |||
Other accounts and expenses payable | 4,528 | 4,465 | 3,774 | 1,863 | 1,656 | 2,119 | |||||||||
56,834 | 55,161 | 58,308 | 62,441 | 79,074 | 107,629 | ||||||||||
Non-current assets | |||||||||||||||
Long-term receivables | Non-current liabilities | ||||||||||||||
Trade accounts receivable, net | 8.1 | 4,956 | 3,288 | 1,331 | 29,760 | 49,742 | 91,626 | Financing | 18 | 102,051 | 86,545 | 51,162 | 36,430 | 26,004 | 11,457 |
Petroleum and alcohol account - STN | 10 | 822 | 817 | 810 | 822 | 817 | 810 | Financial leases | 19.1 | 196 | 349 | 805 | 14,976 | 10,904 | 12,702 |
Marketable securities | 7 | 5,208 | 4,639 | 4,066 | 4,749 | 4,180 | 3,598 | Deferred income tax and social contribution | 21.3 | 26,161 | 20,458 | 17,642 | 21,808 | 16,855 | 14,892 |
Deposits in court | 12 | 2,807 | 1,989 | 1,853 | 2,426 | 1,691 | 1,542 | Healthcare and pension plans | 22 | 15,278 | 14,164 | 13,200 | 14,162 | 13,147 | 12,229 |
Deferred income tax and social contribution | 21.3 | 17,211 | 16,231 | 13,010 | 11,790 | 11,640 | 8,045 | Provision for legal proceedings | 29 | 1,372 | 865 | 890 | 425 | 198 | 203 |
Advances to suppliers | 4,976 | 5,365 | 5,444 | 964 | 1,900 | 2,209 | Provision for dismantling of areas | 20 | 6,505 | 4,791 | 5,417 | 6,072 | 4,419 | 4,811 | |
Other long-term receivables | 2,490 | 2,594 | 2,659 | 1,873 | 3,499 | 3,057 | Subsidiaries and affiliated companies | 179 | 52 | 49 | 404 | 905 | 1,101 | ||
38,470 | 34,923 | 29,173 | 52,384 | 73,469 | 110,887 | Other accounts and expenses payable | 1,169 | 1,139 | 1,960 | 2,620 | 2,471 | 525 | |||
152,911 | 128,363 | 91,125 | 96,897 | 74,903 | 57,920 | ||||||||||
Investments | 14 | 8,879 | 5,772 | 5,768 | 50,955 | 38,318 | 24,670 | ||||||||
Property, plant and equipment | 15 | 282,838 | 227,079 | 185,694 | 189,775 | 149,447 | 117,714 | ||||||||
Intangible assets | 16 | 83,098 | 8,271 | 9,592 | 78,042 | 3,216 | 3,233 | Shareholders' equity | 24 | ||||||
Deferred charges | 0 | 0 | 0 | 241 | 472 | 604 | Paid in capital | 205,357 | 78,967 | 78,967 | 205,357 | 78,967 | 78,967 | ||
413,285 | 276,045 | 230,227 | 371,397 | 264,922 | 257,108 | Additional capital contribution | (6) | 1,423 | - | (6) | 1,423 | - | |||
Capital reserves | - | 515 | 515 | - | 515 | 515 | |||||||||
Profit reserves | 101,325 | 83,479 | 61,614 | 101,876 | 84,183 | 62,552 | |||||||||
Equity valuation adjustments | 90 | (67) | (308) | 90 | (67) | (308) | |||||||||
306,766 | 164,317 | 140,788 | 307,317 | 165,021 | 141,726 | ||||||||||
Non-controlling interest | 3,459 | 2,578 | 2,054 | 0 | 0 | 0 | |||||||||
310,225 | 166,895 | 142,842 | 307,317 | 165,021 | 141,726 | ||||||||||
519,970 | 350,419 | 292,275 | 466,655 | 318,998 | 307,275 | 519,970 | 350,419 | 292,275 | 466,655 | 318,998 | 307,275 |
See the accompanying notes to the financial statements.
6
Petróleo Brasileiro S.A. - Petrobras
Statements of income
Years ended December 31, 2010 and 2009
(In millions of reais) | ||||||||
Consolidated | Parent company | |||||||
Note | 2010 | 2009 | 2010 | 2009 | ||||
Sales revenue | 25 | 213,274 | 182,834 | 156,487 | 134,034 | |||
Cost of goods and services sold | 26 | (136,052) | (108,707) | (96,134) | (75,977) | |||
Gross profit | 77,222 | 74,127 | 60,353 | 58,057 | ||||
Income (expenses) | ||||||||
Sales | 26 | (8,660) | (7,375) | (7,920) | (6,464) | |||
Administrative and general expenses | 26 | (7,997) | (7,392) | (5,443) | (5,029) | |||
Exploration costs for the extraction of crude oil and gas | (3,797) | (3,981) | (2,601) | (3,044) | ||||
Cost of research and technological development | (1,739) | (1,364) | (1,641) | (1,352) | ||||
Tax | (910) | (658) | (433) | (320) | ||||
Other operating income and expenses, net | 27 | (7,062) | (7,360) | (5,761) | (7,467) | |||
(30,165) | (28,130) | (23,799) | (23,676) | |||||
Income before financial results, interests and taxes | 47,057 | 45,997 | 36,554 | 34,381 | ||||
Financial results, net | 28 | 2,563 | (162) | 1,634 | (4,710) | |||
Equity in earnings of investments | 208 | (65) | 7,039 | 7,852 | ||||
Employee and management profit-sharing | (1,691) | (1,495) | (1,428) | (1,270) | ||||
Income before taxes | 48,137 | 44,275 | 43,799 | 36,253 | ||||
Income tax and social contribution | 24.5 | (12,236) | (10,931) | (8,763) | (6,294) | |||
Net income | 35,901 | 33,344 | 35,036 | 29,959 | ||||
Net income attributable to non-controlling interests | (712) | (3,293) | 0 | 0 | ||||
Net income attributable to shareholders of Petrobras | 35,189 | 30,051 | 35,036 | 29,959 | ||||
Basic and diluted income per share | 3.57 | 3.43 | 3.55 | 3.42 |
See the accompanying notes to the financial statements
7
Petróleo Brasileiro S.A. - Petrobras
Comprehensive Statement of Income
Years ended December 31, 2010 and 2009
(In millions of reais) | |||||||
R$ thousand | |||||||
Consolidated | Parent company | ||||||
2010 | 2009 | 2010 | 2009 | ||||
Net income before non-controlling interest | 35,901 | 33,344 | 35,036 | 29,959 | |||
Others comprehensives incomes | |||||||
Accumulated translation adjustments | (276) | (349) | (33) | (163) | |||
Amortization of deemed cost | 11 | 7 | 11 | 7 | |||
Unrealized gains / (losses) on securities available for sale | - | - | - | - | |||
Recognized in shareholders' equity |
309 | 603 | 309 | 603 | |||
Transferred to results |
(6) | 32 | (6) | 32 | |||
Unrecognized gains / (losses) on cash flow hedge | - | - | - | - | |||
Recognized in shareholders' equity |
13 | (86) | 13 | (86) | |||
Transferred to results |
(12) | - | (12) | - | |||
Deferred income tax and social contribution | (104) | (137) | (104) | (137) | |||
Comprehensive results | 35,836 | 33,414 | 35,214 | 30,215 | |||
Comprehensive income attributable to: | |||||||
Non-controlling | 469 | 3,107 | - | - | |||
Shareholders of Petrobras | 35,367 | 30,307 | 35,214 | 30,215 | |||
Comprehensive result attributable to shareholders of Petrobras | 35,836 | 33,414 | 35,214 | 30,215 |
See the accompanying notes to the financial statements.
8
Petróleo Brasileiro S.A. - Petrobras
Statement of Changes in Shareholders Equity
Years ended December 31, 2010 and 2009
(In millions of reais) | |||||||||||||||||||||||||||||
Additional capital contribution |
Capital reserves |
Equity valuation adjustment | Profit reserves | ||||||||||||||||||||||||||
Subscribed and paid-in capital |
Expenditures with issuing of shares |
Change in interest in subsidiaries |
Tax incentives |
Equity valuation adjustment |
Accumulated translation adjustment |
Legal | Statutory | Tax incentives |
Profit retention |
Retained earnings |
Total shareholders' equity attributable to shareholders of the parent company (CPC) |
Deferred charges |
Minority interest (IFRS) |
Total consolidated shareholders' equity (IFRS) |
|||||||||||||||
Adjusted balances at January 1, 2009 | 78,967 | 515 | (308) | 9,436 | 899 | 557 | 53,550 | (1,890) | 141,726 | (938) | 2,054 | 142,842 | |||||||||||||||||
Accumulated translation adjustment |
(163) | (163) | (186) | (349) | |||||||||||||||||||||||||
Unrealized gains in investments available for sale |
411 | 411 | 411 | ||||||||||||||||||||||||||
Realization of deemed cost |
(7) | 7 | |||||||||||||||||||||||||||
Change in interest in subsidiaries |
1,423 | 1,423 | 142 | (1,540) | 25 | ||||||||||||||||||||||||
Net income for the year |
29,959 | 29,959 | 92 | 3,293 | 33,344 | ||||||||||||||||||||||||
Distributions: |
|||||||||||||||||||||||||||||
Allocations of net income in reserves |
1,466 | 395 | 554 | 18,573 | (20,988) | ||||||||||||||||||||||||
Proposed dividends |
(8,335) | (8,335) | (1,043) | (9,378) | |||||||||||||||||||||||||
Adjusted balances at December 31, 2009 | 78,967 | 1,423 | 515 | (163) | 96 | 10,902 | 1,294 | 1,111 | 72,123 | (1,247) | 165,021 | (704) | 2,578 | 166,895 | |||||||||||||||
Capital increase with issuing of shares |
6,141 | (515) | (899) | (14) | (4,713) | ||||||||||||||||||||||||
Capital increase with reserves |
120,249 | (477) | 119,772 | 119,772 | |||||||||||||||||||||||||
Equity valuation adjustment |
(33) | (33) | (243) | (276) | |||||||||||||||||||||||||
Accumulated translation adjustment |
201 | 201 | 200 | ||||||||||||||||||||||||||
Unrealized gains in investments available for sale |
(11) | 10 | |||||||||||||||||||||||||||
Realization of deemed cost |
(952) | (952) | 281 | (671) | |||||||||||||||||||||||||
Change in interest in subsidiaries |
35,037 | 35,036 | 153 | 712 | 35,901 | ||||||||||||||||||||||||
Net income for the year |
|||||||||||||||||||||||||||||
Distributions: |
1,752 | 1,027 | 250 | 20,290 | (23,319) | ||||||||||||||||||||||||
Allocations of net income in reserves |
(11,728) | (11,728) | 131 | (11,597) | |||||||||||||||||||||||||
Dividends |
|||||||||||||||||||||||||||||
205,357 | (477) | 471 | (196) | 286 | 12,654 | 1,422 | 1,347 | 86,453 | 307,317 | (551) | 3,459 | 310,225 | |||||||||||||||||
Balance at December 31, 2010 - Current company | 205,357 | (6) | 90 | 101,876 | 307,317 | (551) | 3,459 | 310,225 |
See the accompanying notes to the financial statements.
9
Petróleo Brasileiro S.A. - Petrobras
Statement of Cash Flows
Years ended December 31, 2010 and 2009
(In millions of reais) | |||||||
Consolidated | Parent company | ||||||
2010 | 2009 | 2010 | 2009 | ||||
Operating activities | |||||||
Net income attributable to shareholders of Petrobras | 35,189 | 30,051 | 35,036 | 29,959 | |||
Adjustments: | |||||||
Non-controlling interest |
712 | 3,293 | |||||
Equity in earnings of investments |
(208) | 65 | (7,039) | (7,852) | |||
Depreciation, depletion and amortization |
14,881 | 14,457 | 10,813 | 10,380 | |||
Loss on recovery of assets |
690 | 1,144 | (33) | 675 | |||
Write-off of dry wells |
2,121 | 2,315 | 1,495 | 1,831 | |||
Residual value of permanent assets written off |
337 | 216 | 40 | 59 | |||
Exchange and monetary variations and financial charges |
|||||||
on financing and loans and other operations |
(176) | (2,585) | (1,044) | 15,351 | |||
Deferred income and social contribution taxes, net |
5,794 | 1,759 | 5,149 | 436 | |||
Increase/decrease in assets and liabilities | |||||||
Marketable securities for trading |
|||||||
Decrease/(increase) in accounts receivable |
(4,718) | (404) | (2,178) | 251 | |||
Decrease/(increase) in inventories |
(900) | (2,999) | (715) | (2,327) | |||
Increase in other assets |
(47) | 2,195 | (206) | (2,507) | |||
Increase/(decrease) in accounts payable to suppliers |
373 | 1,215 | (103) | (516) | |||
Increase/(decrease) in taxes, rates and contributions |
(3,857) | 594 | (3,276) | 303 | |||
Increase in health care and pension plans |
1,381 | 1,062 | 1,292 | 969 | |||
Increase/(decrease) in other liabilities |
1,008 | (1,053) | 954 | 1,340 | |||
Increase/(decrease) in short term operations with subsidiaries |
|||||||
and affiliated companies |
|||||||
Decrease/(increase) in accounts receivable |
707 | 22 | (5,220) | 4,151 | |||
Decrease/(increase) in accounts payable |
148 | 3 | (12) | (284) | |||
Increase with operation for supply of oil and |
|||||||
oil products - Abroad |
(20,528) | (29,669) | |||||
Net funds provided by operating activities | 53,435 | 51,350 | 14,425 | 22,550 | |||
Investment activities | |||||||
Onerous assignment - concession rights acquired |
(74,808) | (74,808) | |||||
Settlement made through LFTS |
67,816 | 67,816 | |||||
Settlement made through cash and cash equivalents |
(6,992) | (6,992) | |||||
Other investments in exploration and production of oil and gas |
(30,557) | (32,096) | (23,479) | (23,372) | |||
Investments in exploration and production of oil and gas |
(37,549) | (32,096) | (30,471) | (23,372) | |||
Investments in refining and transport |
(28,127) | (19,413) | (21,253) | (16,876) | |||
Investments in gas and energy |
(7,561) | (10,478) | (384) | (4,634) | |||
Investment in international segment |
(4,086) | (6,391) | (1,073) | (16) | |||
Investments in distribution |
(814) | (581) | (3) | ||||
Other investments |
(2,257) | (1,776) | (2,084) | (1,990) | |||
Marketable securities available for sale | (25,406) | 387 | (32,014) | (1,356) | |||
Dividends received |
233 | 68 | 1,916 | 3,132 | |||
Net funds used in investment activities | (105,567) | (70,280) | (85,363) | (45,115) |
See the accompanying notes to the financial statements.
10
Petróleo Brasileiro S.A. - Petrobras
Statement of Cash Flows (continued)
Years ended December 31, 2010 and 2009
(In millions of reais) | |||||||
Consolidated | Parent company | ||||||
2010 | 2009 | 2010 | 2009 | ||||
Financing activities | |||||||
Capital increase | 120,249 | 120,249 | |||||
Contribution in LFTs |
(67,816) | (67,816) | |||||
Contribution in cash and cash equivalents | 52,433 | 52,433 | |||||
Expenditures with issuing of shares | (710) | (710) | |||||
Acquisition of non-controlling interest | (597) | ||||||
Financing and loans, net |
|||||||
Funding |
37,543 | 74,961 | 15,823 | 18,319 | |||
Amortization of principal |
(19,100) | (23,972) | (6,259) | (2,033) | |||
Amortization of interest |
(6,296) | (3,384) | (2,913) | (1,200) | |||
Intercompany loans |
23,561 | 19,895 | |||||
Assignments of credit rights - FIDC NP | 1,615 | 8,554 | |||||
Dividends paid to shareholders | (9,415) | (15,440) | (9,415) | (15,440) | |||
Net funds provided by/(used) in financing activities | 53,858 | 32,165 | 74,135 | 28,095 | |||
Effect of exchange variation on cash and cash equivalents | (437) | (300) | |||||
Net change in cash and cash equivalents in the year | 1,289 | 12,935 | 3,197 | 5,530 | |||
Cash and cash equivalents at the beginning of the year | 29,034 | 16,099 | 16,798 | 11,268 | |||
Cash and cash equivalents at the end of the year | 30,323 | 29,034 | 19,995 | 16,798 | |||
Additional information on cash flows: | |||||||
Amounts paid and received during the year | |||||||
Interest paid, net of the capitalized amount |
6,165 | 5,374 | 4,234 | 3,115 | |||
Interest received on loans |
- | - | 710 | 2,708 | |||
Income tax and social contribution |
4,693 | 8,593 | 2,520 | 6,496 | |||
Third party income tax withheld at source |
2,909 | 3,875 | 2,804 | 3,446 | |||
13,767 | 17,842 | 10,268 | 15,765 | ||||
Investment and financing transactions not involving cash | - | ||||||
Acquisition of property, plant and equipment on credit |
54 | 121 | - | - | |||
Acquisition of property, plant and equipment on contract with the transfe |
- | 110 | 8,188 | 598 | |||
Capitalization of dividends receivable from affiliated companies or subsidiaries |
|||||||
Capital increase with public bonds, used for purchase of exploration |
|||||||
rights (onerous assignment) |
67,816 | - | 67,816 | - | |||
Formation of provision for dismantling of areas |
1,698 | (737) | 1,600 | (778) |
See the accompanying notes to the financial statements.
11
Petróleo Brasileiro S.A. - Petrobras
Statement of Added Value
Years ended December 31, 2010 and 2009
(In millions of reais) | |||||||||||||||
Consolidated | Parent company | ||||||||||||||
2010 | 2009 | 2010 | 2009 | ||||||||||||
Income | |||||||||||||||
Sales of products and services and other revenues |
272,351 | 234,939 | 207,721 | 178,844 | |||||||||||
Allowance for doubtful accounts - formation |
(226) | (70) | (160) | (15) | |||||||||||
Revenues related to construction of assets for own use |
68,073 | 56,556 | 50,440 | 41,245 | |||||||||||
340,198 | 291,425 | 258,001 | 220,074 | ||||||||||||
Inputs acquired from third parties | |||||||||||||||
Materials consumed |
(39,487) | (34,994) | (23,784) | (22,363) | |||||||||||
Cost of goods for sale |
(39,427) | (25,005) | (29,621) | (16,899) | |||||||||||
Power, third-party services and other operating expenses |
(73,497) | (64,289) | (53,958) | (49,069) | |||||||||||
Tax credits on inputs acquired from third parties |
(19,237) | (16,959) | (15,110) | (13,417) | |||||||||||
Loss on recovery of assets |
(690) | (1,144) | 33 | (676) | |||||||||||
(172,338) | (142,391) | (122,440) | (102,424) | ||||||||||||
Gross added value | 167,860 | 149,034 | 135,561 | 117,650 | |||||||||||
Retentions | |||||||||||||||
Depreciation, depletion and amortization |
(14,881) | (14,457) | (10,813) | (10,380) | |||||||||||
Net added value produced by the Company | 152,979 | 134,577 | 124,748 | 107,270 | |||||||||||
Transferred added value | |||||||||||||||
Equity in earnings of investments |
208 | (65) | 7,039 | 7,852 | |||||||||||
Financial income - including monetary and exchange variations |
4,539 | 3,509 | 4,547 | 5,262 | |||||||||||
Rents, royalties and others |
957 | 1,213 | 783 | 1,047 | |||||||||||
5,704 | 4,657 | 12,369 | 14,161 | ||||||||||||
Total added value to be distributed | 158,683 | 139,234 | 137,117 | 121,431 | |||||||||||
Distribution of added value | |||||||||||||||
Personnel and officers | |||||||||||||||
Direct remuneration |
|||||||||||||||
Salaries |
11,994 | 8% | 10,216 | 7% | 8,765 | 6% | 7,392 | 6% | |||||||
Employees' and directors' profit-sharing |
1,691 | 1% | 1,495 | 1% | 1,428 | 1% | 1,270 | 1% | |||||||
13,685 | 11,711 | 10,193 | 8,662 | ||||||||||||
Benefits | |||||||||||||||
Advantages |
841 | 1% | 683 | 0% | 579 | 0% | 462 | 0% | |||||||
Retirement and pension plan |
1,373 | 1% | 994 | 1% | 1,264 | 1% | 956 | 1% | |||||||
Healthcare plan |
1,830 | 1% | 1,606 | 2% | 1,660 | 2% | 1,519 | 2% | |||||||
FGTS (Government severance indemnity fund) | 747 | 673 | 0% | 648 | 0% | 585 | 0% | ||||||||
18,476 | 12% | 15,667 | 11% | 14,344 | 10% | 12,184 | 10% | ||||||||
Taxes | |||||||||||||||
Federal* |
55,976 | 36% | 49,467 | 36% | 49,571 | 36% | 42,092 | 35% | |||||||
State |
28,581 | 18% | 25,217 | 18% | 15,281 | 10% | 13,516 | 11% | |||||||
Municipal |
182 | 156 | 0% | 86 | 0% | 92 | 0% | ||||||||
Abroad* |
5,290 | 3% | 4,888 | 4% | |||||||||||
90,029 | 57% | 79,728 | 58% | 64,938 | 46% | 55,700 | 46% | ||||||||
Financial institutions and suppliers | |||||||||||||||
Interest, and exchange and monetary variations |
6,612 | 4% | 4,481 | 3% | 7,162 | 5% | 10,253 | 8% | |||||||
Rental and affreightment expenses |
7,665 | 5% | 6,014 | 4% | 15,637 | 11% | 13,335 | 11% | |||||||
14,277 | 9% | 10,495 | 7% | 22,799 | 17% | 23,588 | 19% | ||||||||
Shareholders | |||||||||||||||
Interest on shareholders' equity |
10,163 | 6% | 7,195 | 5% | 10,163 | 7% | 7,195 | 6% | |||||||
Dividends |
1,565 | 1% | 1,141 | 1% | 1,565 | 1% | 1,141 | 1% | |||||||
Non-controlling interest |
712 | 3,293 | 2% | ||||||||||||
Retained earnings |
23,461 | 15% | 21,715 | 16% | 23,308 | 17% | 21,623 | 18% | |||||||
35,901 | 22% | 33,344 | 24% | 35,036 | 26% | 29,959 | 25% | ||||||||
Added value distributed | 158,683 | 100% | 139,234 | 100% | 137,117 | 100% | 121,431 | 100% | |||||||
* Includes government interests. |
See the accompanying notes to the financial statements.
12
Petróleo Brasileiro S.A. - Petrobras
Supplementary Information to the Financial Statements
Statement of Business Segmentation (consolidated)
Years ended December 31, 2010 and 2009
(In millions of reais) | |||||||||||||||
2010 | |||||||||||||||
E&P | Supply | Gas & Energy |
Distribution | International | Corporate (*) | Elimination | Total | ||||||||
Net operating revenue | 95,451 | 172,468 | 15,476 | 65,557 | 24,887 | (160,565) | 213,274 | ||||||||
Intersegments |
95,026 | 57,175 | 1,905 | 1,320 | 5,139 | (160,565) | |||||||||
Third parties |
425 | 115,293 | 13,571 | 64,237 | 19,748 | 213,274 | |||||||||
Cost of goods sold | (44,302) | (160,362) | (10,942) | (59,896) | (19,376) | 158,826 | (136,052) | ||||||||
Gross profit | 51,149 | 12,106 | 4,534 | 5,661 | 5,511 | (1,739) | 77,222 | ||||||||
Operating expenses | (5,825) | (6,391) | (2,595) | (3,616) | (3,462) | (8,575) | 299 | (30,165) | |||||||
Sales, administrative and general expenses |
(794) | (5,198) | (1,941) | (3,478) | (1,667) | (3,754) | 175 | (16,657) | |||||||
Tax |
(2,601) | (1,196) | (3,797) | ||||||||||||
Exploration costs for the extraction of crude oil and gas |
(774) | (380) | (129) | (9) | (2) | (445) | (1,739) | ||||||||
Cost of research and technological development |
(218) | (120) | (58) | (29) | (219) | (264) | (2) | (910) | |||||||
Other operating income and expenses, net |
(1,438) | (693) | (467) | (100) | (378) | (4,112) | 126 | (7,062) | |||||||
Income (loss) before financial results, profit-sharing and taxes | 45,324 | 5,715 | 1,939 | 2,045 | 2,049 | (8,575) | (1,440) | 47,057 | |||||||
Net Financials |
2,563 | 2,563 | |||||||||||||
Stakeholding in material investments |
280 | 9 | (2) | (49) | (30) | 208 | |||||||||
Employee and management profit-sharing | (538) | (379) | (66) | (120) | (48) | (540) | (1,691) | ||||||||
44,786 | 5,616 | 1,882 | 1,923 | 1,952 | (6,582) | (1,440) | 48,137 | ||||||||
Income (loss) before taxes and non-controling interest | |||||||||||||||
Income tax / social contribution | (15,228) | (1,814) | (637) | (655) | (493) | 6,101 | 490 | (12,236) | |||||||
Net income | 29,558 | 3,802 | 1,245 | 1,268 | 1,459 | (481) | (950) | 35,901 | |||||||
Net income attributable to non-controlling interests | 133 | (80) | 34 |   | (139) | (660) | (712) | ||||||||
Net income attributable to shareholders of Petrobras | 29,691 | 3,722 | 1,279 | 1,268 | 1,320 | (1,141) | (950) | 35,189 | |||||||
(*) It includes the results of the business dealings with biofuels. |
See the accompanying notes to the financial statements.
13
Petróleo Brasileiro S.A. - Petrobras
Supplementary Information to the Financial Statements
Statement of Business Segmentation (consolidated)
Years ended December 31, 2010 and 2009
(In millions of reais) | |||||||||||||||
2009 | |||||||||||||||
E&P | Supply | Gas & Energy |
Distribution | International | Corporate (*) | Elimination | Total | ||||||||
Sales revenue | 76,183 | 146,152 | 12,244 | 58,277 | 21,291 | (131,313) | 182,834 | ||||||||
Intersegments |
75,252 | 49,396 | 1,851 | 1,347 | 3,467 | (131,313) | |||||||||
Third parties |
931 | 96,756 | 10,393 | 56,930 | 17,824 | 182,834 | |||||||||
Cost of goods sold | (39,052) | (120,149) | (8,828) | (53,124) | (17,095) | 129,541 | (108,707) | ||||||||
Gross profit | 37,131 | 26,003 | 3,416 | 5,153 | 4,196 | (1,772) | 74,127 | ||||||||
Operating expenses | (7,478) | (5,252) | (2,076) | (3,118) | (3,221) | (7,243) | 258 | (28,130) | |||||||
Sales, administrative and general expenses |
(661) | (4,634) | (1,195) | (3,126) | (1,716) | (3,627) | 192 | (14,767) | |||||||
Exploration costs for the extraction of crude oil and gas |
(3,044) | (937) | (3,981) | ||||||||||||
Cost of research and technological development |
(516) | (336) | (64) | (10) | (4) | (434) | (1,364) | ||||||||
Tax |
(94) | (93) | (31) | (26) | (164) | (250) | (658) | ||||||||
Others |
(3,163) | (189) | (786) | 44 | (400) | (2,932) | 66 | (7,360) | |||||||
Income (loss) before financial results, profit-sharing and taxes | 29,653 | 20,751 | 1,340 | 2,035 | 975 | (7,243) | (1,514) | 45,997 | |||||||
Net Financials |
(162) | (162) | |||||||||||||
Stakeholding in material investments |
182 | 68 | (29) | (287) | 1 | (65) | |||||||||
Employee and management profit-sharing |
(488) | (267) | (56) | (101) | (47) | (536) | (1,495) | ||||||||
29,165 | 20,666 | 1,352 | 1,905 | 641 | (7,940) | (1,514) | 44,275 | ||||||||
Income (loss) before taxes and non-controlling interest | |||||||||||||||
Income tax / social contribution | (9,916) | (6,965) | (437) | (658) | (570) | 7,099 | 516 | (10,931) | |||||||
Net income | 19,249 | 13,701 | 915 | 1,247 | 71 | (841) | (998) | 33,344 | |||||||
Net income attributable to minority interests | 40 | (180) | (212) | (186) | (2,755) | (3,293) | |||||||||
Net income attributable to shareholders of Petrobras | 19,289 | 13,521 | 703 | 1,247 | (115) | (3,596) | (998) | 30,051 | |||||||
(*) It includes the results of the business dealings with biofuels. | |||||||||||||||
The segmented information for 2010 and 2009 was prepared considering the change in the composition of the business departments, resulting from the transfer of the management of the Fertilizer business from the Supply department to the Gas and Energy department. |
See the accompanying notes to the financial statements.
14
Petróleo Brasileiro S.A. - Petrobras
Supplementary Information to the Financial Statements
Statement of Business Segmentation (consolidated)
Years ended December 31, 2010 and 2009
(In millions of reais) | ||||||||
Assets | E&P | Supply | Gas & Energy |
Distribution | International | Corporate (*) | Elimination | Total |
Current | 6,133 | 28,853 | 4,523 | 6,580 | 5,750 | 64,841 | (9,995) | 106,685 |
Non-current | 221,468 | 88,772 | 45,652 | 5,700 | 24,119 | 27,610 | (36) | 413,285 |
Long-term receivables |
6,268 | 6,024 | 2,829 | 951 | 4,054 | 18,380 | (36) | 38,470 |
Investment |
6,276 | 295 | 16 | 1,340 | 952 | 8,879 | ||
Property, plant and equipment |
138,519 | 76,186 | 41,262 | 4,050 | 15,559 | 7,262 | 282,838 | |
Intangible assets |
76,681 | 286 | 1,266 | 683 | 3,166 | 1,016 | 83,098 | |
12.31.2010 |
227,601 | 117,625 | 50,175 | 12,280 | 29,869 | 92,451 | (10,031) | 519,970 |
Current | 6,515 | 27,412 | 5,076 | 5,668 | 5,128 | 33,989 | (9,414) | 74,374 |
Non-current | 125,657 | 60,553 | 39,863 | 5,282 | 23,250 | 22,566 | (1,126) | 276,045 |
Long-term receivables |
7,488 | 4,387 | 2,815 | 1,060 | 2,776 | 17,523 | (1,126) | 34,923 |
Investment |
3,442 | 273 | 25 | 1,882 | 150 | 5,772 | ||
Property, plant and equipment |
116,369 | 52,456 | 35,666 | 3,503 | 15,252 | 3,833 | 227,079 | |
Intangible assets |
1,800 | 268 | 1,109 | 694 | 3,340 | 1,060 | 8,271 | |
12.31.2009 | 132,172 | 87,965 | 44,939 | 10,950 | 28,378 | 56,555 | (10,540) | 350,419 |
Current | 5,881 | 22,985 | 5,426 | 5,659 | 5,813 | 24,107 | (7,823) | 62,048 |
Non-current | 108,900 | 41,071 | 30,494 | 4,646 | 28,911 | 17,460 | (1,255) | 230,227 |
Long-term receivables |
7,289 | 3,172 | 3,574 | 735 | 1,634 | 13,982 | (1,213) | 29,173 |
Investment |
3,228 | 256 | 30 | 2,103 | 151 | 5,768 | ||
Property, plant and equipment |
99,818 | 34,480 | 25,752 | 3,189 | 20,293 | 2,204 | (42) | 185,694 |
Intangible assets |
1,793 | 191 | 912 | 692 | 4,881 | 1,123 | 9,592 | |
01.01.2009 | 114,781 | 64,056 | 35,920 | 10,305 | 34,724 | 41,567 | (9,078) | 292,275 |
(*) It includes the results of the business dealings with biofuels. |
See the accompanying notes to the financial statements.
The segmented information for 2010 and 2009 was prepared considering the change in the composition of the business departments, resulting from the transfer of the management of the Fertilizer business from the Supply department to the Gas and Energy department.
See the accompanying notes to the financial statements.
15
Petróleo Brasileiro S.A. - Petrobras
Supplementary Information to the Financial Statements
Statement of Business Segmentation (consolidated)
Years ended December 31, 2010 and 2009
(In millions of reais) |
16
Petróleo Brasileiro S.A. - Petrobras
Supplementary Information to the Financial Statements
Statement of Business Segmentation (consolidated) - International area
Years ended December 31, 2010 and 2009
(In millions of reais) | ||||||||||||||
2010 | ||||||||||||||
E&P | Supply | Gas & Energy | Distribution | Corporate | Elimination | Total | ||||||||
Statement of Income | ||||||||||||||
Net operating revenue | 6,574 | 13,188 | 2,074 | 7,254 | - | (4,203) | 24,887 | |||||||
Intersegments | 5,259 | 3,767 | 301 | 58 | - | (4,246) | 5,139 | |||||||
Third parties | 1,315 | 9,421 | 1,773 | 7,196 | - | 43 | 19,748 | |||||||
Income (loss) before financial results, profit-sharing and taxes | 2,148 | 64 | 251 | 10 | (409) | (15) | 2,049 | |||||||
Net income attributable to shareholders of Petrobras | 1,527 | 78 | 186 | 10 | (466) | (15) | 1,320 | |||||||
2009 | ||||||||||||||
E&P | Supply | Gas & Energy | Distribution | Corporate | Elimination | Total | ||||||||
Statement of Income | ||||||||||||||
Net operating revenue | 5,766 | 11,727 | 2,151 | 5,416 | 29 | (3,798) | 21,291 | |||||||
Intersegments | 4,025 | 2,822 | 325 | 89 | 9 | (3,803) | 3,467 | |||||||
Third parties | 1,741 | 8,905 | 1,826 | 5,327 | 20 | 5 | 17,824 | |||||||
Income (loss) before financial results, profit-sharing and taxes | 1,161 | (89) | 394 | 45 | (590) | 54 | 975 | |||||||
Net income attributable to shareholders of Petrobras | 778 | (169) | 303 | 44 | (1,125) | 54 | (115) | |||||||
E&P | Supply | Gas & Energy | Distribution | Corporate | Elimination | Total | ||||||||
Assets | ||||||||||||||
At 12.31.2010 | 20,715 | 5,433 | 3,213 | 1,645 | 2,801 | (3,938) | 29,869 | |||||||
At 12.31.2009 | 19,950 | 5,068 | 3,470 | 1,163 | 3,910 | (5,183) | 28,378 | |||||||
At 01.01.2009 | 24,204 | 6,387 | 4,730 | 859 | 4,106 | (5,562) | 34,724 |
See the accompanying notes to the financial statements.
17
Petróleo Brasileiro S.A. - Petrobras
Supplementary Information to the Financial Statements
Social balance
Years ended December 31, 2010 and 2009
(In millions of reais, except otherwise indicated) |
1 - Calculation basis | 2010 | 2009 |
Consolidated net earnings (NE) | 213,274 | 182,834 |
Consolidated operating income (OI) | 49,828 | 45,770 |
Gross payroll (GP) | 11,462 | 10,195 |
2 - Internal Social Indicators (i) | Amount | % of GP | % of NE | Amount | % of GP | % of NE |
Alimentation | 741 | 6.46% | 0.35% | 665 | 6.52% | 0.36% |
Compulsory payroll charges | 5475 | 47.77% | 2.57% | 4,585 | 44.97% | 2.51% |
Private pension | 350 | 3.06% | 0.16% | 366 | 3.59% | 0.20% |
Healthcare | 2,064 | 18.01% | 0.97% | 1,885 | 18.49% | 1.03% |
Work security and medicine | 114 | 1.00% | 0.05% | 114 | 1.12% | 0.06% |
Education | 118 | 1.03% | 0.06% | 107 | 1.05% | 0.06% |
Culture | 10 | 0.09% | 0.00% | 7 | 0.07% | 0.00% |
Professional training and development | 366 | 3.20% | 0.17% | 264 | 2.59% | 0.14% |
Crèche or day-care assistance | 6 | 0.06% | 0.00% | 3 | 0.03% | 0.00% |
Profit sharing | 1,691 | 14.75% | 0.79% | 1,495 | 14.66% | 0.82% |
Others | 71 | 0.62% | 0.03% | 55 | 0.54% | 0.03% |
Total - Internal social indicators | 11,006 | 96.05% | 5.15% | 9,546 | 93.63% | 5.21% |
3 - External Social Indicators (i) | Amount | % of OI | % of NE | Amount | % of OI | % of NE |
Generation of Income and Work Opportunities | 44 | 0.09% | 0.02% | 34 | 0.07% | 0.02% |
Education for Professional Skills | 56 | 0.11% | 0.03% | 54 | 0.12% | 0.03% |
Guarantee of Rights of Children and Adolescents (I) | 79 | 0.16% | 0.04% | 74 | 0.16% | 0.04% |
Culture | 170 | 0.34% | 0.08% | 155 | 0.34% | 0.08% |
Sport | 81 | 0.16% | 0.04% | 42 | 0.09% | 0.02% |
Others | 20 | 0.04% | 0.00% | 11 | 0.02% | 0.01% |
Total contributions for the company | 450 | 0.90% | 0.21% | 370 | 0.80% | 0.20% |
Taxes (excluding payroll charges) | 84.235 | 169.05% | 39.50% | 77.969 | 170.35% | 42.64% |
Total - External social indicators | 84.685 | 169.95% | 39.71% | 78.339 | 171.15% | 42.84% |
4 - Environmental Indicators (i) | Amount | % of OI | % of NE | Amount | % of OI | % of NE |
Investments related to the company's production/operation | 2.165 | 4.34% | 1.02% | 1,872 | 4.09% | 1.02% |
Investments in external programs and/or projects | 258 | 0.52% | 0.12% | 94 | 0.21% | 0.05% |
Total investments in the environment | 2.423 | 4.86% | 1.14% | 1,966 | 4.30% | 1.07% |
With respect to establishing annual goals for minimizing waste products, consumption in general in production/operation and for increasing efficiency in the use of natural resources, the company: |
( ) does not have goals |
( ) attains from 51 to 75% | ( ) does not have goals |
( ) attains from 51 to 75% | ||
( ) attains from 0 to 50% |
(x) attains from 76 to 100% | ( ) attains from 0 to 50% |
(x) attains from 76 to 100% |
18
Petróleo Brasileiro S.A. - Petrobras
Supplementary Information to the Financial Statements
Social balance (continued)
Years ended December 31, 2010 and 2009
(In millions of reais, except otherwise indicated) |
5 - Indicators for the staff (i) | 2010 | 2009 |
Nº of employees at the end of the period | 80,492 | 76,919 |
Nº of hirings during the period | 4,353 | 2,519 |
Nº of contracted employees | 291,606 | 295,260 |
Nº of student trainees | 1,402 | 1,197 |
Nº of employees older than 45 | 34,504 | 30,928 |
Nº of women that work in the company | 13,408 | 12,586 |
% of leadership positions held by women | 13.30% | 13.63% |
Nº of Negros that work in the company (II) | 16,447 | 10,581 |
% of leadership positions held by Negros (II) | 25.30% | 29.94% |
Nº of handicapped workers (III) | 1,093 | 1,077 |
6 - Significant information with respect to the exercise of corporate citizenship | 2010 | Goals 2011 | ||||
Ratio between the company's highest and lowest remuneration - amount (i) | 22,41 | 22,41 | ||||
Total number of work accidents (IV) (i) | 485 | 482 | ||||
The social and environmental projects developed by the company were defined by: (i) | ( ) directors | (x) directors and managers |
( ) all the employees |
( ) directors | (x) directors and managers |
( ) all the employees |
The safety and health standards in the work environment were defined by: (i) | (x) directors and managers |
( ) all the employees | ( ) everyone + Cipa |
(x) directors and managers |
( ) all the employees | ( ) everyone + Cipa |
With respect to union freedom, the right to collective bargaining and internal representation of the employees, the company: (i) | ( ) is not involved |
( ) follows ILO standards |
(x) encourages and follows ILO |
( ) will not be involved |
( ) will follow ILO standards |
(x) will encourage and follow ILO |
The private pension includes: (i) | ( ) directors | ( ) directors and managers |
(x) all the employees |
( ) directors | ( ) directors and managers |
(x) all the employees |
Profit-sharing and participation in results includes: (i) | ( ) directors | ( ) directors and managers |
(x) all the employees |
( ) directors | ( ) directors and managers |
(x) all the employees |
In the selection of suppliers, the same ethical standards and standards of social and environmental responsibility adopted by the company: (i) | ( ) are not considered |
( ) are suggested | (x) are required | ( ) will not be considered |
( )will be suggested | (x) will be required |
With respect to the participation of employees in voluntary work programs, the company: (i) | ( ) is not involved |
( ) gives support | (x) organizes and encourages |
( ) will not be involved |
( ) will give support | (x) will organize and encourage |
Total number of complaints and criticisms from consumers: (V) (i) | in the company 15,533 |
in Procon 16 |
in court 49 |
in the company 6,684 |
in Procon 4 |
in court 7 |
% of claims and criticisms attended or resolved: (V) (i) | in the company 99.5% |
in Procon 62.5% | in court 0% | in the company 99.5% |
in Procon 100% |
in court 100% |
Total added value to be distributed (consolidated) - amount: | In 2010: | 158,683 | In 2009: | 139,234 | ||
Distribution of added value | 57% government 12% employees 7% shareholders 9% third parties 15% retained |
58% government 11% employees 8% shareholders 7% third parties 16% retained |
19
Petróleo Brasileiro S.A. - Petrobras
Supplementary Information to the Financial Statements
Social balance (continued)
Years ended December 31, 2010 and 2009
(In millions of reais, except otherwise indicated) | ||
7 - Other information | ||
1) |
This company does not use child or slave labor, it is not involved in prostitution or sexual exploitation of children or adolescents and is not involved in corruption. |
|
2) |
Our company values and respects diversity, both internally and externally. |
|
I. |
It includes R$ 26,6 million transferred from the Fund for Infancy and Adolescence (FIA). |
|
II. |
Information of the Petrobras system in Brazil relative to public selective process. |
|
III. |
Information related to the employees of the Petrobras Parent Company who declare that they are Negros. |
|
IV. |
Of the total number of leadership positions in the Petrobras Parent Company held by employees who informed their color/race, 25.3% are held by people who declared that they are Negroes. |
|
V. |
Information with respect to the Petrobras Parent Company, Petrobras Distribuidora and Transpetro, which corresponds to 6.4% of the permanent staff in jobs where positions are reserved for persons with disabilities. |
|
VI. |
The information on the company includes the number of complaints and criticisms received by the Petrobras Parent Company and Petrobras Distribuidora. The goals for 2011 (company, Procon and courts) do not include the estimate for Petrobras Distribuidora. |
|
(i) Unaudited. |
20
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
1 The Company and its operations
Petróleo Brasileiro S.A. - Petrobras is a Brazilian petroleum company which, directly or through its subsidiaries (referred to jointly as Petrobras or the Company) is dedicated to prospecting, drilling, refining, processing, trading and transporting petroleum originating from wells, schist or other rocks, and oil products, natural gas and other liquid hydrocarbons, in addition to activities connected with energy and it may carry out research, development, production, transport, distribution and trading of all forms of energy, as well as any other correlated or similar activities. The Companys head office is located in Rio de Janeiro - RJ.
2 Presentation of the financial statements
The financial statements include:
Consolidated financial statements
The consolidated financial statements are being presented in accordance with the international financial reporting standards (IFRS) issued by the International Accounting Standards Board (IASB) and they are also in accordance with accounting policies adopted in Brazil. These are the first financial statements presented by the Company in accordance with IFRS.
Individual financial statements
The individual financial statements are being presented in accordance with accounting practices adopted in Brazil, observing the provisions contained in the Corporation Law, and incorporate the changes introduced through Law 11,638/07 and Law 11,941/09, complemented by the new pronouncements, interpretations and orientations of the Accounting Pronouncements Committee (CPC), approved by resolutions of the Federal Accounting Council (CFC) and rules of the Brazilian Securities Commission (CVM).
The pronouncements, interpretations and orientations of the Accounting Pronouncements Committee (CPC), approved by resolutions of the Federal Accounting Council (CFC) and rules of the Brazilian Securities Commission are converging with the international accounting standards issued by the International Accounting Standard Board (IASB). Some adjustments were made in the individual financial statements aiming at aligning and adjusting them to consolidated financial statements in accordance with international financial reporting standards (IFRS), as required by CVM Resolution 610/09 (CPC 43 - Initial Adoption of Technical Pronouncements). Accordingly, the individual financial statements do not present differences in relation to the consolidated statements according to IFRS, except for the maintenance of deferred charges, as established in CPC 43.The reconciliations of shareholders equity and results of the parent company with the consolidated statements are described in note 4.1.
21
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The financial statements were prepared using the historical cost as a value basis, except for the valuation of some non-current assets and liabilities, and financial instruments.
The Companys Board of Directors authorized the publication of these financial statements in a meeting held on February 25, 2011.
Financial statements for 2009
Until December 31, 2009, Petrobras presented its individual and consolidated financial statements in accordance with accounting practices generally accepted in Brazil, which incorporated the changes introduced through Law 11638/07 and Law 11941/09 (Provisional Measure 449/08), complemented by the pronouncements of the Accounting Pronouncements Committee (CPC), approved by resolutions of the Federal Accounting Council (CFC) and rules of the Brazilian Securities Commission (CVM) until December 31, 2008.
As established in CVM Resolution 609/09 (CPC 37 - Initial Adoption of International Accounting Standards), international standards were implemented retroactively to January 1, 2009. Accordingly, the accounting information originally disclosed was adjusted and is being presented in accordance with international accounting standards.
The comparison of the balance on the date of adoption of IFRS and the other adjusted information for 2009 with the amounts disclosed on those dates is presented in notes 3.2.
2.1 Business segment reporting
The accounting information per operating segment (business area) of the Company is prepared based on items directly attributable to the segment, as well as those that may be allocated on a reasonable basis.
In the computation of the results by business segment, transactions carried out with third parties and the transfers between the business departments are considered and they are valued by internal transfer prices defined between the departments using calculation methodologies based on market parameters.
The information per business department in the Company is segmented according to the organization and management structure, comprises the following departments: a) Exploration and Production: This covers the activities of exploration, production development and production of oil, LNG (liquefied natural gas) and natural gas in Brazil, for the purpose of supplying, as a priority, refineries in Brazil and, also, selling on the domestic and foreign markets the surplus petroleum and byproducts produced in their natural gas processing plants.
22
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
b) Supply: This consists of the refining, logistics, transport and trading activities of oil and oil products, exporting of ethanol, extraction and processing of schist, as well as holding interests in companies of the petrochemical sector in Brazil. c) Gas and Energy: It covers the activities of transport and trading of natural gas produced in Brazil or imported, transport and trading of LNG, generation and trading of electric power, as well as the corporate interests in transporters and distributors of natural gas and in thermoelectric power stations in Brazil, in addition to being responsible for the fertilizer business. d) Distribution: It is responsible for the distribution of oil products, ethanol and compressed natural gas in Brazil, represented by the operations of Petrobras Distribuidora. e) International: It covers the activities for exploration and production of oil and gas, supply, gas and energy, and distribution, carried out abroad in a number of countries in the Americas, Africa, Europe and Asia.
The items that cannot be attributed to the other departments, notably those linked to corporate financial management, the overheads related to central administration and other expenses, including actuarial expenses related to the pension and healthcare plans for retired employees and pensioners, are allocated in the corporate agencies group. The business dealings with biofuels, represented mainly by the operations of Petrobras Biocombustível are also included in this group.
2.2 Statement of added value
The statements of added value present information related to the wealth created by the entity and the way in which this wealth is distributed. These statements were prepared in accordance with CPC 09 - Statement of Added Value and, for IFRS purposes, they are presented as supplementary information.
2.3 Social balance
The social balance presents social, environmental and functional quantitative indexes and relevant information with respect to the exercise of corporate citizenship. Some information was obtained through the Companys subsidiary records and managerial information. This balance is presented as additional information.
2.4 Functional currency
The functional currency of Petrobras, as well as all its Brazilian subsidiaries, is the real. The functional currency of some subsidiaries and special purpose entities that operate in the international economic environment is the US dollar and the functional currency of Petrobras Argentina S.A. is the Argentine peso.
23
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The exchange variations on investments in subsidiaries and affiliated companies with a functional currency different from the Parent Company are recorded in shareholders equity, as an accumulated translation adjustment and are transferred to the statement of income upon realization of the investments.
The statements of income and cash flows of the invested companies in a stable economic environment with a functional currency different from the Parent Company are translated into Reais at the monthly average exchange rate, assets and liabilities are translated at the final rate and the other items of shareholders equity are translated at the historical rate.
2.5 Accounting estimates
In the preparation of the financial statements it is necessary to use estimates for certain assets, liabilities and other transactions. These estimates include: oil and gas reserves, liabilities of pension and health plans, depreciation, depletion and amortization, abandonment costs, provisions for legal proceedings, market value of financial instruments, income tax and social contribution. Although Management uses assumptions and judgments that are reviewed periodically, the actual results may differ from these estimates.
3 Adoption of international accounting standards
In the balance for adoption of IFRS as of January 1, 2009, mandatory exceptions and certain optional exemptions for retroactive application of the IFRS were applied in accordance with CPC 37 and are presented as follows:
3.1 Transition of the accounting practices
a) Exchange variations recorded in a specific shareholders equity account
The Company adopted CPC 02 - Effects of changes in exchange rates and translation of the financial statements (IAS 21) in fiscal year 2008. However, due to the date of the opening balance of January 1, 2009, the balance of accumulated translation adjustments existing as of December 31, 2008 was transferred to retained earnings in the amount of R$ 636, aiming at equivalence to the exemption of CPC 37 (IFRS 1) from not calculating retroactively the exchange variations of investments in subsidiaries and affiliated companies with a functional currency different from the parent company.
24
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
b) Capitalization of loan costs
The Company capitalized financial charges only for the loans directly linked to a construction project, pursuant to CVM Resolution 193/96, in force until December 31, 2008. From January 1, 2009 onwards, the Company also capitalized financial charges based on an average funding rate applied to the balance of work in progress, thus adopting the exemption established in CPC 37 (IFRS 1) of not changing, retroactively, the criteria for computing capitalizable costs.
c) Business combinations
Business combinations occurring up till December 31, 2008 were recorded in the accounting pursuant to CVM Instruction 247/96. On adopting IFRS, the Company chose not to apply, retroactively, the requirements of CPC 15 - Business Combinations (IFRS 3), as permitted by CPC 37 (IFRS 1), therefore, the goodwill existing at December 31, 2008, net of amortization, was maintained and is no longer amortized. The balances of negative goodwill existing as of December 31, 2008, in the amount R$ 816, were recognized against retained earnings on the date of transition to IFRS, also resulting in the reversal of amortizations recognized in the Companys income statement.
The goodwill and discounts calculated on the acquisitions of non-controlling shareholder interests during fiscal year 2009 were recorded as investments. For IFRS purposes, these acquisitions are considered as transactions with partners, as owners, therefore, the amount of R$ 1,423 was recognized as an additional capital contribution in shareholders equity, pursuant to CPC 36 - Consolidated Statements (IAS 27).
25
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
d) Provision for abandonment of wells and dismantling of areas
The costs for abandonment of assets and dismantling of areas are calculated considering the future costs discounted at a rate free of risk recorded in assets and liabilities when the obligation is incurred.
Until December 31, 2008, Petrobras adopted as an accounting practice SFAS pronouncement 143 - Accounting for Asset Retirement Obligations of the Financial Accounting Standards Board (FASB), pursuant to which the future obligation with abandonment of wells and dismantling of production areas should be recorded in the accounting at its present value as a provision, considering the historical rates for each period for which the provision was recorded. With the adoption of ICPC 12 - Changes in liabilities for deactivation, restoration and other similar liabilities (IFRIC 1), the provision for abandonment of wells and dismantling of areas should reflect the effects of the changes in the current discount rate from one period to another.
26
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The Company recorded the amount of R$ 1,273 in retained earnings on the transition date, adopting the exemption from not using the provision at the time that the liability was incurred, so that the cost of property, plant and equipment reflects the changes in the balance of the provision.
e) Post-retirement benefits
The balance of unrecognized actuarial gains and losses post-employment benefits at December 31, 2008, in the amount of R$ 566, was fully recorded against retained earnings on the transition date, thus adopting the exemption established in CPC 37 (IFRS 1). Actuarial gains and losses generated after the transition date will be recognized in the income statement by the corridor method.
f) Deferred income and expenses
Law 11941/09 extinguished deferred assets, permitting maintaining the balance as of December 31, 2008, which will continue to be amortized in up to 10 years, subject to impairment testing, which was adopted by the Company in the individual accounting statements, in accordance with that established by CPC 43.
Pursuant to IFRS, pre-operating expenses and gains should be recorded as expenses and income, respectively, when incurred. With the adoption of IFRS, the amount of R$ 1,241 was recorded in retained earnings in consolidated.
g) Public service concessions
The Company exercises shared control over state gas distributors, which are consolidated in proportion to the stake Petrobras holds in the capital of these companies. These distributors operate under concessions and their activities are classified within the requirements of ICPC 01 - Concession Agreements (IFRIC 12). Consequently, rights presented as part of the property, plant and equipment of these companies, in the amount of R$ 575, are now addressed as intangible assets.
h) Proportional consolidation of CIESA
The financial statements of CIESA, a jointly controlled subsidiary of Petrobras Energia S.A, were not consolidated due to the existence of restrictions on the companys ability to transfer funds to its investors, pursuant to CVM Instruction 247/96. On adoption of IFRS, these are statements were consolidated proportionally, regardless of the existence of this restriction, in compliance with CPC 19 - Investment in a Jointly Controlled Entity (IAS 31).
27
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
i) Deemed cost
The Company did not apply the deemed cost to the appreciation of its fixed assets, as the book values are not substantially different from their respective fair values, except for the petrochemical assets resulting from investments in affiliated companies, whose impact of R$ 97 was recognized on January 1, 2009 in shareholders equity as an equity evaluation adjustment.
j) Reclassifications
The following reclassifications were made aiming at adjusting the Companys presentation to IFRS requirements.
28
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
3.2 Effects of the adoption of international standards in the consolidated financial statements
3.2.1 Consolidated balance sheet
As published on 12/31/2008 |
Business combinations |
Provision for abandonment |
Post employment benefits |
Deferred expenses and revenues |
Inclusion Proportional Consolidatio n of CIESA |
Deferred taxes |
Others | Reclassifications | Adjusted to IFRS on 01/01/2009 |
|||||||||||
Current assets | 63,575 | - | - | - | (48) | 289 | - | - | (1,768) | 62,048 | ||||||||||
Long-term receivables | 21,255 | - | - | - | - | 117 | 989 | (1) | 6,813 | 29,173 | ||||||||||
Investments | 5,106 | 756 | - | (14) | (188) | - | - | 108 | - | 5,768 | ||||||||||
Property, plant and equipment | 190,754 | - | 109 | - | - | 278 | - | (62) | (5,385) | 185,694 | ||||||||||
Intangible assets | 8,003 | - | - | - | - | 1,014 | - | - | 575 | 9,592 | ||||||||||
Deferred charges | 3,470 | - | - | - | (3,235) | - | - | - | (235) | - | ||||||||||
292,163 | 756 | 109 | (14) | (3,471) | 1,698 | 989 | 45 | - | 292,275 | |||||||||||
Current liabilities | 62,557 | - | - | - | - | 465 | - | (541) | (4,173) | 58,308 | ||||||||||
Non-current liabilities | 88,588 | (60) | (1,164) | (572) | (1,004) | 841 | 26 | 297 | 4,173 | 91,125 | ||||||||||
Net income attributable to shareholders of Petrobras |
138,365 | 816 | 1,273 | 566 | (1,241) | 45 | 611 | 353 | - | 140,788 | ||||||||||
Non-controlling interest | 2,653 | - | - | (8) | (1,226) | 347 | 352 | (64) | - | 2,054 | ||||||||||
292,163 | 756 | 109 | (14) | (3,471) | 1,698 | 989 | 45 | - | 292,275 |
29
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
As published on 12/31/2009 |
Capitalization of loan costs |
Business combinations |
Provision for abandonment |
Post employment benefits |
Deferred expenses and income |
Deferred taxes |
Inclusion Proportional Consolidation of CIESA |
Others | Reclassifications | Adjusted to IFRS on 12/31/2009 |
||||||||||||
Current assets | 76,674 | - | - | - | - | - | 327 | - | - | (2,627) | 74,374 | |||||||||||
Long-term receivables | 26,381 | - | - | - | - | - | 91 | 659 | 7,792 | 34,923 | ||||||||||||
Investments | 3,148 | - | 2,714 | - | (1) | (180) | - | - | 91 | - | 5,772 | |||||||||||
Property, plant and equipment | 230,231 | 2,645 | (498) | 328 | - | - | 173 | - | (10) | (5,790) | 227,079 | |||||||||||
Intangible assets | 6,808 | 18 | - | - | - | - | 683 | - | - | 762 | 8,271 | |||||||||||
Deferred charges | 2,366 | - | - | - | - | (2,229) | - | - | - | (137) | - | |||||||||||
345,608 | 2,663 | 2,216 | 328 | (1) | (2,409) | 1,274 | 659 | 81 | - | 350,419 | ||||||||||||
Current liabilities | 58,030 | - | - | - | - | - | 383 | - | (1,056) | (2,196) | 55,161 | |||||||||||
Non-current liabilities | 126,503 | - | (54) | (106) | (582) | (947) | 616 | 805 | (68) | 2,196 | 128,363 | |||||||||||
Net income attributable to | ||||||||||||||||||||||
shareholders of Petrobras | 159,465 | 2,494 | 2,270 | 434 | 586 | (951) | 21 | (158) | 156 | - | 164,317 | |||||||||||
Non-controlling interest | 1,610 | 169 | - | - | (5) | (511) | 254 | 12 | 1,049 | - | 2,578 | |||||||||||
345,608 | 2,663 | 2,216 | 328 | (1) | (2,409) | 1,274 | 659 | 81 | - | 350,419 |
30
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
3.2.2 Consolidated income statements for 2009
As published on 12/31/2009 |
Capitalization of loan costs |
Business combinations |
Provision for abandonment |
Post employment benefits |
Deferred expenses and income |
Inclusion Proportional Consolidatio n of CIESA |
Deferred taxes |
Reclassifications and others |
Adjusted to IFRS on 12/31/2009 |
|||||||||||
Sales revenue | 182,710 | - | - | - | - | - | 367 | - | (243) | 182,834 | ||||||||||
Cost of good and services sold | (109,037) | (32) | 16 | (23) | - | 149 | (197) | - | 417 | (108,707) | ||||||||||
Gross profit | 73,673 | (32) | 16 | (23) | - | 149 | 170 | - | 174 | 74,127 | ||||||||||
Expenses | (27,544) | (53) | - | (472) | (11) | 152 | (29) | - | (173) | (28,130) | ||||||||||
Income before financial results and profit-sharing | 46,129 | (85) | 16 | (495) | (11) | 301 | 141 | - | 1 | 45,997 | ||||||||||
Financial results | (2,838) | 2,786 | - | (345) | - | 337 | (94) | - | (9) | (162) | ||||||||||
Equity in investments | (84) | - | 16 | - | 13 | 8 | - | - | (17) | (65) | ||||||||||
Employee and management profit-sharing | (1,495) | - | - | - | - | - | - | - | - | (1,495) | ||||||||||
Income before income social contribution taxes | 41,712 | 2,701 | 32 | (840) | 2 | 646 | 47 | - | (25) | 44,275 | ||||||||||
Income tax / social contribution | (9,977) | - | - | - | - | 183 | (31) | (1,106) | (0) | (10,931) | ||||||||||
Net income | 31,735 | 2,701 | 32 | (840) | 2 | 829 | 16 | (1,106) | (25) | 33,344 | ||||||||||
Net income atributable to non-controlling interest | (2,752) | (170) | - | - | - | (682) | (27) | 338 | - | (3,293) | ||||||||||
Net income of atributable to shareholders of Petrobras | 28,983 | 2,531 | 32 | (840) | 2 | 147 | (11) | (768) | (25) | 30,051 |
31
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
3.2.3 Consolidated cash flows
2009 | ||||
Adjusted to | ||||
As published | IFRS | |||
Net income | 28,982 | 30,051 | ||
Adjustments to reconcile net income | 22,150 | 20,662 | ||
Changes in assets and liabilities | 706 | 637 | ||
Cash provided by operating activities: | 51,838 | 51,350 | ||
Cash used in investment activities | (70,280) | (70,280) | ||
Cash provided by financing activities | 31,627 | 32,165 | ||
Effect of exchange variation on cash and cash equivalents | (278) | (300) | ||
Net change in cash for the period | 12,907 | 12,935 | ||
Cash and cash equivalents at beginning of year | 15,889 | 16,099 | ||
Cash and cash equivalents at end of year | 28,796 | 29,034 |
3.2.4 Effects of the adoption of international standards on the individual financial statements
Shareholders' equity | Net income | |||||
01/01/2009 | (*) | 12/31/2009 | 2009 | |||
Parent company net income as published | 144,051 | 163,879 | 29,313 | |||
Capitalization of loan costs | 2,494 | 2,532 | ||||
Business combinations | 816 | 2,270 | 32 | |||
Post-retirement benefits | 566 | 586 | 2 | |||
Provision for abandonment of wells and dismantling of areas | 1,273 | 434 | (840) | |||
Absorption of unsecured liabilities of a subsidiary (**) | (3,961) | (3,584) | (527) | |||
Deferred taxes | 309 | (405) | (685) | |||
Gain on sale of stocks in subsidiaries and affiliates (**) | (1,526) | (830) | 195 | |||
Others | 198 | 177 | (63) | |||
Parent company net income adjusted to international accounting standards (CPC) | 141,726 | 165,021 | 29,959 |
(*) Date of initial adoption
(**) As required by CPC 18 - Investment in Affiliated Companies and Subsidiaries.
32
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
4 Consolidation basis
The financial statements of subsidiaries, jointly controlled subsidiaries and specific purpose entities are included in the consolidated financial statements pursuant to the accounting policies adopted by Petrobras.
The consolidation process for the equity and income accounts corresponds to the horizontal sum of the accounts for assets, liabilities, income and expenses, according to their nature, plus the following:
elimination of investments in the capital and reserves held between them;
elimination of intercompany asset and liability account balances;
elimination from results for the year of current and non-current assets that correspond to economically unrealized results between the aforementioned companies; and
elimination of the effects arising from significant intercompany transactions.
33
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The consolidated financial statements comprise the financial statements of Petrobras and the following companies:
a) Subsidiaries and jointly controlled subsidiaries
Ownership percentage - % | ||||
2010 | 2009 | 2008 | ||
Subscribed, | Subscribed, | Subscribed, | ||
paid in and | paid in and | paid in and | ||
Country | voting | voting | voting | |
Subsidiaries | ||||
Petrobras Química S.A. - Petroquisa and its subsidiaries (i) | Brazil | 100.00 | 100.00 | 100.00 |
Petrobras Distribuidora S.A. - BR and its subsidiaries (i) | Brazil | 100.00 | 100.00 | 100.00 |
Braspetro Oil Services Company - Brasoil and its subsidiaries (ii) | Cayman Islands | 100.00 | 100.00 | 100.00 |
Braspetro Oil Company - BOC and its subsidiaries (ii) | Cayman Islands | 99.99 | 99.99 | 99.99 |
Petrobras International Braspetro B.V. - PIBBV and its subsidiaries (i) (ii) (iii) | Holland | 100.00 | 100.00 | 100.00 |
Petrobras Comercializadora de Energia Ltda. - PBEN (iv) | Brazil | 100.00 | 100.00 | 100.00 |
Petrobras Negócios Eletrônicos S.A. - E-Petro and its subsidiary (i) (v) | Brazil | 100.00 | 100.00 | 100.00 |
Petrobras Gás S.A. - Gaspetro and its subsidiaries (i) | Brazil | 99.99 | 99.99 | 99.99 |
Petrobras International Finance Company - PifCo and its subsidiaries (ii) | Cayman Islands | 100.00 | 100.00 | 100.00 |
Petrobras Transporte S.A. - Transpetro and its subsidiary | Brazil | 100.00 | 100.00 | 100.00 |
Downstream Participações Ltda. and its subsidiary | Brazil | 99.99 | 99.99 | 99.99 |
Petrobras Netherlands B.V. - PNBV and its subsidiaries (i) (ii) | Holland | 100.00 | 100.00 | 100.00 |
FAFEN Energia S.A. and its subsidiary | Brazil | 100.00 | 100.00 | 100.00 |
5283 Participações Ltda. | Brazil | 100.00 | 100.00 | 100.00 |
Baixada Santista Energia Ltda. | Brazil | 100.00 | 100.00 | 100.00 |
Sociedade Fluminense de Energia Ltda. - SFE | Brazil | 100.00 | 100.00 | 100.00 |
Termorio S.A. | Brazil | 100.00 | 100.00 | 100.00 |
Termoceará Ltda. | Brazil | 100.00 | 100.00 | 100.00 |
Termomacaé Ltda | Brazil | 100.00 | 100.00 | 100.00 |
Termomacaé Comercializadora de Energia Ltda. | Brazil | 100.00 | 100.00 | 100.00 |
Fundo de Investimento Imobiliário RB Logística - FII | Brazil | 99.00 | 99.00 | 99.00 |
Usina Termelétrica de Juiz de Fora S.A. | Brazil | 100.00 | 100.00 | 100.00 |
Termobahia S.A. | Brazil | 98.85 | 98.85 | 98.85 |
Petrobras Biocombustível S.A. (i) | Brazil | 100.00 | 100.00 | 100.00 |
Refinaria Abreu e Lima S.A. (vi) | Brazil | 100.00 | 100.00 | 100.00 |
Cordoba Financial Services Gmbh - CFS and its subsidiary (ii) | Austria | 100.00 | 100.00 | 100.00 |
Companhia Locadora de Equipamentos Petrolíferos S.A. CLEP | Brazil | 100.00 | 100.00 | |
Comperj Participações S.A. | Brazil | 100.00 | 100.00 | |
Comperj Petroquímicos Básicos S.A. | Brazil | 100.00 | 100.00 | |
Comperj PET S.A. | Brazil | 100.00 | 100.00 | |
Comperj Estirênicos S.A. | Brazil | 100.00 | 100.00 | |
Comperj MEG S.A | Brazil | 100.00 | 100.00 | |
Comperj Poliolefinas S.A. | Brazil | 100.00 | 100.00 | |
Breitener Energética S.A. | Brazil | 65.00 | 30.00 | 30.00 |
Cayman Cabiunas Investiment CO. (ii) | Cayman Islands | 100.00 | ||
Marlim Participações S.A. and its subsidiary (vii) | Brazil | 100.00 | ||
NovaMarlim Participações S.A. and its subsidiary (vii) | Brazil | 43.43 | ||
Alvo Distribuidora de Combustíveis Ltda (ix) | Brazil | 100.00 | ||
Ipiranga Asfalto S.A.(ix) | Brazil | 100.00 | ||
Jointly controlled subsidiaries (viii) | ||||
Usina Termoelétrica Norte Fluminense S.A. | Brazil | 10.00 | 10.00 | 10.00 |
GNL do Nordeste Ltda. | Brazil | 50.00 | 50.00 | 50.00 |
Ibiritermo S.A. | Brazil | 50.00 | 50.00 | 50.00 |
Termoaçu S.A. | Brazil | 76.87 | 76.87 | 74.80 |
Participações em Complexos Bioenergéticos S.A. - PC BIOS | Brazil | 50.00 | 50.00 | 50.00 |
PMCC Projetos de Transporte de Álcool S.A. | Brazil | 49.00 | 33.33 | 33.33 |
Brentech Energia S.A. | Brazil | 30.00 | 30.00 | 30.00 |
Brasil PCH S.A. | Brazil | 49.00 | 42.33 | 42.33 |
Brasympe Energia S.A. | Brazil | 20.00 | 20.00 | 20.00 |
Cia Energética Manauara S.A | Brazil | 40.00 | 40.00 | 40.00 |
Refinaria de Petróleo Riograndense S.A. | Brazil | 33.20 | 33.20 | |
Eólica Mangue Seco 1 - Geradora e Comercializadora de Energia Elétrica S.A. | Brazil | 49.00 | ||
Eólica Mangue Seco 2 - Geradora e Comercializadora de Energia Elétrica S.A. | Brazil | 51.00 | ||
Eólica Mangue Seco 3 - Geradora e Comercializadora de Energia Elétrica S.A. | Brazil | 49.00 | ||
Eólica Mangue Seco 4 - Geradora e Comercializadora de Energia Elétrica S.A. | Brazil | 49.00 |
34
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
(i) Companies with a stake in jointly controlled subsidiaries.
(ii) Companies headquartered abroad with financial statements prepared in a foreign currency.
(iii) 11.45% interest in 2010 ( 20.13% in 2009 ) of 5283 Participações Ltda.
(iv) 0.09% interest of Petrobras Gás S. A. - Gaspetro.
(v) 0.05% interest of Downstream.
(vi) 0.01% interest of Downstream.
(vii) Companies merged into Petrobras Brasileiro S.A. in 2010.
(viii) Companies with shared management, consolidated in proportion to the interests in their capital, except for Ibiritermo, whose activities are controlled by Petrobras and is therefore fully consolidated.
(ix) Companies transferred to Petrobras Distribuidora in 2009.
35
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
b) Specific purpose entities - SPE
Specific purpose entities - SPE | Country | Main activity | ||
Albacora Japão Petróleo Ltda. | Brazil | Exploration and Production | ||
Charter Development LLC CDC (i) | USA | Exploration and Production | ||
Companhia de Desenvolvimento e Modernização de Plantas Industriais CDMPI | Brazil | Refining | ||
Companhia de Recuperação Secundária S.A. CRSEC | Brazil | Exploration and Production | ||
Gasene Participações Ltda. | Brazil | Logistics | ||
Nova Transportadora do Nordeste S.A. NTN | Brazil | Logistics | ||
Nova Transportadora do Sudeste S.A. NTS | Brazil | Logistics | ||
PDET Offshore S.A. | Brazil | Exploration and Production | ||
Companhia Mexilhão do Brasil | Brazil | Exploration and Production | ||
Non Standard Credit Rights Investment Fund of the Petrobras System | Brazil | Corporate |
(i) Companies headquartered abroad with financial statements prepared in a foreign currency.
4.1 Reconciliation of the net equity and net income of consolidated with that of the parent company
Shareholders' equity | Net income | |||||||||
12.31.2010 | 12.31.2009 | 01.01.2009 | 2010 | 2009 | ||||||
Consolidated - IFRS | 310,225 | 166,895 | 142,842 | 35,901 | 33,344 | |||||
Equity of non-controlling interest | (3,459) | (2,578) | (2,054) | (712) | (3,293) | |||||
Deferred assets net of income tax | 551 | 704 | 938 | (153) | (92) | |||||
Parent company adjusted to international accounting standards (CPC) | 307,317 | 165,021 | 141,726 | 35,036 | 29,959 |
36
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
5 Description of significant accounting policies
5.1 Recognition of revenue, costs and expenses
Sales revenue comprises the value of the consideration received or receivable for the sale of products and services, net of returns, discounts and charges on sales. Sales revenue from crude oil and oil products is recognized in the income statement when all the risks and benefits inherent to the product are transferred to the buyer. The sales revenue from freight and other services is recognized in proportion of completion of the service. The costs and expenses are recognized on the accrual basis.
The net financial results include mainly income from interest on financial investments and government bonds, expenses with interest on financing, gains and losses from valuation to fair value according to the classification of the security, as well as net exchange and monetary variations.
5.2 Financial assets and liabilities
5.2.1 Cash and cash equivalents
Cash and cash equivalents are represented by short-term investments of high liquidity which are readily convertible into cash, with maturity within three months of the date of acquisition.
5.2.2 Marketable securities
The Company classifies marketable securities on initial recognition, based on Managements strategies for these securities in the following categories:
37
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
5.2.3 Accounts receivable
They are initially stated at the amount of the consideration to be received and, subsequently, at amortized cost, and they are deducted from the losses for doubtful accounts.
5.2.4 Loans and financing
They are initially recognized at fair value less transaction costs incurred and, after initial recognition, are stated at amortized cost using the effective interest rate method.
5.2.5 Derivative financial instruments and hedge operations
All the derivative instruments were recognized in the Companys balance sheet, both in assets and in liabilities, and are stated at fair value.
In the operations with derivatives, for hedge against variations in the prices of oil and oil products and currency, the gains and losses resulting from the changes in fair value are recorded in the financial results.
For cash flow hedges, the gains and losses resulting from the changes in their fair value are recorded in equity valuation adjustments, in shareholders equity, until their settlement.
5.2.6 Capital
Common and preferred shares are classified as shareholders equity. Expenditures with the issuing of shares are presented as a deduction from shareholders equity, as an additional capital contribution, net of tax effects.
Preferred shares are given priority in the event of reimbursement of capital and receipt of dividends of at least 3% of the value of the net equity of the share, or 5% calculated on the part of the capital represented by this type of shares, where the higher amount shall always prevail, participating on the same terms as common shares, in the capital increases resulting from the incorporation of reserves and profits. Preferred shares are not assured voting rights and are not convertible into common shares and vice versa.
The minimum mandatory dividends comply with the limits defined in the Companys bylaws and are recognized as liabilities.
38
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
5.3 Inventories
Inventories are presented as follows:
5.4 Corporate investments
Investments in subsidiaries, jointly controlled subsidiaries and also in affiliated companies over which management has significant influence, and in other companies which are part of the same group or under common control, are valued by the equity accounting method.
5.5 Business combinations and goodwill
Assets and liabilities acquired in a business combination are stated in accordance with the method of acquisition and are recognized at their respective fair values. Any excess of the cost of acquisition over the fair value of the net assets acquired (identifiable net assets and liabilities acquired) is recognized as goodwill in intangible assets. When the cost of acquisition is less than the fair value of the net assets acquired, a gain is recognized in the income statement.
5.6 Property, plant and equipment
Valuation
They are stated at the cost of acquisition or construction, which represent the costs for bringing the asset to operating conditions, monetarily restated during hyperinflationary periods, less accumulated depreciation and losses through impairment. The rights that have as objects tangible assets intended for the maintenance of the Companys activities, resulting from operations that transfer the benefits, risks and control of these assets, are presented at fair value, or if lower, by the present value of the minimum payments of the contract
39
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The costs incurred with exploration, development and production of oil and gas are recorded according to the successful efforts method. This method establishes that the development costs of all the production wells and the successful exploration wells, linked to economically viable reserves, are capitalized, while the geology and geophysics costs are considered expenses for the period in which they occur and the costs for dry exploration wells and the costs linked to noncommercial reserves are recorded in the income statement when they are thus identified.
Material expenses with maintenance of the industrial units and ships, which include spare parts, dismantling and assembly services, amongst others, are recorded in property, plant and equipment.
The financial charges on loans taken out that are directly attributable to the acquisition or construction of assets are capitalized as part of the costs of these assets. The costs of loans that are not directly related to the assets are capitalized based on an average funding rate on the balance of the work in progress. These costs are amortized over the estimated useful lives of the respective assets or by the unit of production method.
Depreciation
The equipment and facilities for petroleum and gas production monthly related to the respective developed wells are depreciated according to the volume of production in relation to the proven and developed reserves of each producing field. The straight-line method is used for the assets with a useful life shorter than the life of the field or that are linked to fields in various stages of production.
The stoppages for maintenance occur, on average, in programmed periods of four years, and the respective expenses are depreciated as a production cost until the beginning of the following stoppage.
Land is not depreciated. The other items of property, plant and equipment are depreciated according to the straight-line method, based on the following estimated useful lives:
Class of assets | Useful life average weighted | |
Buildings and improvements | 25 years (25-40 years) | |
Equipment and other assets | 20 years 3-31 years |
40
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The Company reviewed the useful economic life of the assets, based on the reports by external appraisers, as follows:
Avarege usefull life | ||
Estimated useful life | Previous | New (average) |
Optic system equipament | 7 years | 20 years |
Equipment and facilities of distribution | 10 years | 14 years |
Industrial refining equipment and assemblies | 10 years | 20 years |
Equipment and industrial plant fertilizer | 10 years | 22 years |
Product storage tanks | 10 years | 26 years |
Pipelines | 10 years | 31 years |
Plataforms | 16 years | 17 years |
Thermoelectric power plants | 20 years | 23 years |
Vessels | 20 years | 25 years |
The effects of the change in the estimated useful life of these assets were recognized as from January 1, 2010 and, therefore, the depreciation for fiscal year 2010 was decreased by R$ 1,273 (R$ 847 in the Parent company).
5.7 Intangible assets
They are stated at the cost of acquisition, less accumulated amortization and impairment. They comprise rights and concessions that include, mainly, the signing bonus paid for obtaining concessions for exploration of petroleum or natural gas, burdensome assignment of exploration rights in blocks of the pre-salt area and public service concessions, in addition to trademarks and patents, software and goodwill from expectations of future profitability resulting from acquisition of a controlling interest (subsidiaries and jointly controlled subsidiaries). Goodwill resulting from acquisition of an interest in affiliated companies is presented in the investment.
The signing bonus and burdensome assignment are amortized by the unit of production method in relation to the total proven reserves, while the other intangible assets are amortized on a straight line basis according to their estimated useful life.
5.8 Deferred charges
The Company maintained the balance of deferred assets as of December 31, 2008 in the individual statement, which will continue to be amortized in up to 10 years, subject to impairment testing pursuant to Law 11941/09.
41
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
5.9 Decrease to recoverable value - Impairment
The Company evaluates the items of property, plant and equipment, intangible assets with a definite useful life and deferred charges (individual) when there are indications they will not recover their book values. The assets that have an indefinite useful life, such as goodwill for expectations of future profitability, are tested for impairment annually, regardless of whether there are indications of impairment or not.
When applying the impairment test to the recoverable value of assets, the carrying value of an asset or a cash generating unit is compared with its recoverable value. The recoverable value is the higher value between the net sales value of an asset and its value in use. Considering the particularities of the Companys assets, the recoverable value used for evaluation of the impairment test to recoverable value is the value in use, except when specifically indicated.
This use value is estimated based on the present value of future cash flows, resulting from the companys best estimates. The cash flows resulting from continuous use of the related assets are adjusted by the specific risks and use the pre-tax discount rate. This rate is derived from the structured post-tax rate on the weighted average cost of capital (WACC). The main assumptions for the cash flows are: prices based on the last strategic plan published, production curves associated with existing products in the Companys portfolio, market operating costs and investments required for carrying out the projects.
These evaluations are made at the lowest level of assets for which there are identifiable cash flows. Assets connected with the exploration and development of oil and gas production are reviewed annually, field by field, in order to identify possible losses on recovery based on the estimated future cash flow.
Reversal of previously recognized losses is permitted, except in relation to the decrease in the value of goodwill for expectations of future profitability.
5.10 Leasing
The liabilities of lease agreements with transfer of benefits, risks and control of the assets are recognized in liabilities as financial leasing. In the cases where the Company is lessor, these agreements are recognized as receivables in assets. The other lease agreements are classified as operating leases and the payments are recognized as an expense in the income statement during the term of the agreement.
42
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
5.11 Abandonment of wells and dismantling of areas
The future liability for abandonment of wells and dismantling the production area is stated at its present value, discounted at a risk free rate and is fully recorded at the time of the declaration of commercial viability of each field, as part of the costs of the related assets (property, plant and equipment) as a contra entry to the provision recorded in the liabilities that will bear these expenses. The interest incurred through the updating of the provision is classified as a financial expense.
5.12 Income tax and social contribution
These taxes are calculated and recorded based on the rate of 25% for income tax and 9% for social contribution on taxable income. Deferred taxes and social contributions are recognized as a result of temporary differences, tax loss carry forwards and negative basis of social contribution, when applicable.
For purposes of calculating the income tax and social contribution on current income, the Company adopted the Transition Tax Regime, as established in Law 11941/09, i.e. for calculating taxable income it considered the accounting criteria of Law 6404/76 before the amendments of Law 11638/07. The taxes on temporary differences, generated by adopting the new corporate law, were provisioned for as deferred tax and social contribution assets and liabilities.
5.13 Employee benefits
Provisions are recorded for the actuarial commitments with pension and retirement plans and the healthcare plan, based on an actuarial calculation prepared annually by an independent actuary, in accordance with the projected credit unit method, net of the guarantor assets of the plan, when applicable, and the costs referring to the increase in the present amount of the liability, resulting from the service provided by the employee, recognized during the employees time of service.
The projected credit unit method considers each period of service as a generating fact for an additional unit of benefit, which is accumulated for the computation of the final obligation. Additionally, other actuarial assumptions are used, such as estimates of the evolution of costs with healthcare benefits, biological and economic hypotheses and, also, past data on expenses incurred and contributions from employees.
The actuarial gains and losses resulting from adjustments based on experience and on changes in the actuarial assumptions are included or excluded, respectively, when determining the net actuarial commitment and are amortized over the average period of service remaining for the active employees.
43
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The Company also contributes to the national pension and social security plans of international subsidiaries, whose percentages are based on the payroll, and these contributions are taken to the income statement when incurred.
5.14 Government subsidies and assistance
Government subsidiaries for investments are recognized as revenue throughout the period, compared with the expenses that it intends to offset on a systematic basis, and are invested in Petrobras in the following manner:
Subsidies for re-investments: in the same proportion as the depreciation of the asset, and
Direct subsidies related to the operating profit: directly in the income statement.
The amounts allocated in the income statement will be distributed to the tax incentive reserve, in shareholders equity.
5.15 New rules and interpretations not yet adopted
The process of convergence of accounting policies in Brazil to international standards establishes the adoption of a number of standards and amendments to the standards and interpretations of the IFRS, issued by the International Accounting Standards Board (IASB), which still have not come into force for the year ended December 31, 2010, and are the following:
Standard | Description | Valid as from the years beginning on or after: |
Amendment to IAS 32 |
Classification of Rights Issues Applicable when a company issues, on a pro-rata basis to all the shareholders of a certain class, one or more purchase rights for a fixed number of additional shares. |
February 1, 2010 |
Amendment to IFRIC 14 |
Prepayments of a Minimum Funding Requirement, with respect to defined benefit plans. |
January 1, 2011 |
Amendment to IFRS 7 |
Disclosures: Transfers of Financial Assets | July 1, 2011 |
Amendment to IAS 12 |
Deferred Tax: Recovery of Underlying Assets, which established criteria for calculating the tax basis of an asset. |
January 1, 2012 |
IFRC 9 |
Financial Instruments. It introduces new requirements for classifying and valuing financial assets and liabilities and should also replace the requirements of IAS 39 for sale and impairment of financial instruments, and hedge accounting. |
January 1, 2013 |
The Company is assessing the impacts of these new standards on its financial statements.
44
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
6 Cash and cash equivalents
Consolidated | Parent company | |||||||||||
12.31.2010 | 12.31.2009 | 01.01.2009 | 12.31.2010 | 12.31.2009 | 01.01.2009 | |||||||
Cash and banks | 3,434 | 2,854 | 2,622 | 437 | 646 | 394 | ||||||
Financial investments | 0 | 0 | 0 | 0 | 0 | 0 | ||||||
- In Brazil | 0 | 0 | 0 | 0 | 0 | 0 | ||||||
Investment funds - Interbank Deposit | 12,797 | 11,921 | 3,140 | 10,119 | 8,429 | 8 | ||||||
Other investment fund | 749 | 7,202 | 3,732 | 325 | 3,556 | 6,424 | ||||||
13,546 | 19,123 | 6,872 | 10,444 | 11,985 | 6,432 | |||||||
- Abroad | 13,343 | 7,057 | 6,605 | 9,114 | 4,167 | 4,442 | ||||||
Total financial investments | 26,889 | 26,180 | 13,477 | 19,558 | 16,152 | 10,874 | ||||||
Total cash and cash equivalents | 30,323 | 29,034 | 16,099 | 19,995 | 16,798 | 11,268 |
Financial investments in Brazil are represented by investments funds whose resources are invested in federal government bonds and investments in quotas of the investment fund in credit rights (FIDC) of the Petrobras System.
Investments abroad comprise time deposits with terms of up to 3 months and other short-term fixed income instruments, made with first tier institutions.
7 Marketable securities
Consolidated | Parent company | |||||||||||
12.31.2010 | 12.31.2009 | 01.01.2009 | 12.31.2010 | 12.31.2009 | 01.01.2009 | |||||||
Available for sale | 5,303 | 4,468 | 3,773 | 5,125 | 4,171 | 3,589 | ||||||
For trading | 25,651 | - | 132 | 25,588 | - | - | ||||||
Held until maturity | 271 | 295 | 450 | 7,767 | 1,727 | 9 | ||||||
31,225 | 4,763 | 4,355 | 38,480 | 5,898 | 3,598 | |||||||
Current | 26,017 | 124 | 289 | 33,731 | 1,718 | - | ||||||
Non-current | 5,208 | 4,639 | 4,066 | 4,749 | 4,180 | 3,598 |
Securities available for sale include Series B National Treasury Notes (NTN-B) in the amount of R$ 4,952 (R$ 4,711 in the Parent company) as of December 31, 2010, indexed to the amplified consumer price index (IPCA), with payment of half yearly coupons of 6% p.a. and maturities in 2024 and 2035, and are presented in non-current assets. A part of these NTN-B was given in guarantee to Petros in 2008, after signing the Term of Financial Commitment, as described in Note 22.
The securities for trading refer to mostly investments in public bonds with maturity terms of more than 90 days and are presented in current assets considering their expectation of realization in the short term.
45
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The securities held until maturity in the Parent company include investments in the nonstandard credit assignment investment fund (FIDC-NP) related to non-performing credit rights of its operating activities in the amount of R$ 7,758 at December 31, 2010 and are presented in current assets.
8 Accounts receivable
8.1 Accounts receivable, net
Consolidated | Parent company | |||||||||||
12.31.2010 | 12.31.2009 | 01.01.2009 | 12.31.2010 | 12.31.2009 | 01.01.2009 | |||||||
Clients | ||||||||||||
Third parties | 17,555 | 13,600 | 13,329 | 3,199 | 2,187 | 3,551 | ||||||
Related parties (11.1) | 2,722 | 2,646 | 2,214 | 40,473 (*) | 58,503 (*) | 104,148 (*) | ||||||
Others | 4,729 | 3,646 | 3,571 | 2,732 | 2,202 | 1,588 | ||||||
25,006 | 19,892 | 19,114 | 46,404 | 62,892 | 109,287 | |||||||
Less: allowance for doubtful accounts | (2,716) | (2,542) | (2,814) | (466) | (306) | (291) | ||||||
22,290 | 17,350 | 16,300 | 45,938 | 62,586 | 108,996 | |||||||
Less: non-current trade accounts receivable, net | (4,956) | (3,288) | (1,331) | (29,760) | (49,742) | (91,626) | ||||||
Short-term accounts receivable, net | 17,334 | 14,062 | 14,969 | 16,178 | 12,844 | 17,370 |
(*) It does not include the balances of the dividends receivable of R$ 1,523 at December 31, 2010 (R$ 780 at December 31, 2009), reimbursements receivable of R$ 447 at December 31 2010 (R$ 1,511 at December 31, 2009) and a Credit Assignment Investment Fund of R$ 7,768 at December 31, 2010 (R$ 4,678 at December 31, 2009).
8.2 Changes in the provision for doubtful accounts
Consolidated | Parent company | |||||||
12.31.2010 | 12.31.2009 | 12.31.2010 | 12.31.2009 | |||||
Opening balance for the year | 2,542 | 2,814 | 306 | 291 | ||||
Additions (*) | 380 | 246 | 169 | 37 | ||||
Write-offs (*) | (206) | (518) | (9) | (22) | ||||
Balance at December 31 | 2,716 | 2,542 | 466 | 306 | ||||
Current | 1,750 | 1,546 | 466 | 306 | ||||
Non-current | 966 | 996 | 0 | 0 | ||||
(*) It includes exchange variation on the allowance for doubtful accounts recorded in companies abroad. |
46
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
8.3 Accounts receivable - overdue
12.31.2010 | ||||
Consolidated | Parent company | |||
Up to 3 months | 905 | 500 | ||
From 3 to 6 months | 229 | 56 | ||
From 6 to 12 months | 352 | 41 | ||
More than 12 months | 3,128 | 571 |
9 Inventories
Consolidated | Parent company | |||||||||||
12.31.2010 | 12.31.2009 | 01.01.2009 | 12.31.2010 | 12.31.2009 | 01.01.2009 | |||||||
Products: | ||||||||||||
Oil products (*) | 6,274 | 5,746 | 5,551 | 4,957 | 4,052 | 3,993 | ||||||
Alcohol (*) | 522 | 472 | 594 | 123 | 237 | 281 | ||||||
6,796 | 6,218 | 6,145 | 5,080 | 4,289 | 4,274 | |||||||
Raw materials, mainly crude oil (*) | 9,547 | 9,724 | 8,309 | 7,300 | 7,261 | 5,298 | ||||||
Maintenance materials and supplies (*) | 3,292 | 3,295 | 3,340 | 2,864 | 2,880 | 2,865 | ||||||
Others | 272 | 249 | 710 | 14 | 33 | 105 | ||||||
19,907 | 19,486 | 18,504 | 15,258 | 14,463 | 12,542 | |||||||
Current | 19,816 | 19,448 | 18,391 | 15,199 | 14,437 | 12,429 | ||||||
Non-current | 91 | 38 | 113 | 59 | 26 | 113 | ||||||
(*) It includes imports in transit. | ||||||||||||
10 Petroleum and alcohol accounts - STN
In order to settle accounts with the Federal Government pursuant to Provisional Measure 2181, of August 24, 2001, after providing all the information required by the National Treasury Department (STN), Petrobras is seeking to settle the remaining differences between the parties.
At December 31, 2010, the balance of the account was R$ 822 and this can be discharged by the Federal Government by issuing National Treasury Notes in an amount equal to the final balance for the settling of accounts or through offsetting against other amounts that Petrobras may be owing the Federal Government at the time, including tax related amounts or a combination of the foregoing operations.
47
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
11 Related parties
Petrobras carries out commercial transactions with its subsidiaries and special purpose entities under normal market conditions. Intercompany loans are made in accordance with market conditions and applicable legislation.
At December 31, 2010 and 2009, losses were not expected on the realization of these accounts receivable.
11.1 Assets
PARENT COMPANY | ||||||||||||||||
CURRENT ASSETS | NON-CURRENT ASSETS | |||||||||||||||
Accounts receivable, mainly for sales |
Dividends receivable |
Advance for capital increase |
Amounts related to construction of gas pipeline |
Loans | Other operations |
Reimbursement receivable |
TOTAL ASSETS | |||||||||
SUBSIDIARIES (*) | 0 | |||||||||||||||
BR Distribuidora | 1,568 | 334 | 0 | 0 | 141 | 0 | 0 | 2,043 | ||||||||
Gaspetro | 1,080 | 289 | 340 | 811 | 0 | 0 | 0 | 2,520 | ||||||||
PifCo | 3,189 | 0 | 0 | 0 | 0 | 4 | 0 | 3,193 | ||||||||
Downstream | 207 | 0 | 0 | 0 | 183 | 0 | 0 | 390 | ||||||||
Transpetro | 281 | 128 | 0 | 0 | 0 | 0 | 0 | 409 | ||||||||
PIB-BV Netherlands | 264 | 0 | 0 | 0 | 551 | 58 | 0 | 873 | ||||||||
Brasoil | 0 | 0 | 0 | 0 | 26,603 | 7 | 0 | 26,610 | ||||||||
BOC | 0 | 0 | 0 | 0 | 30 | 1 | 0 | 31 | ||||||||
Petrobras Comercializadora Energia Ltda | 65 | 45 | 0 | 0 | 0 | 0 | 0 | 110 | ||||||||
Petrobras Biocombustível S.A. | 66 | 0 | 103 | 0 | 0 | 0 | 0 | 169 | ||||||||
Breitener Energética | 0 | 0 | 0 | 0 | 353 | 0 | 0 | 353 | ||||||||
Thermoelectric power plants | 119 | 11 | 14 | 0 | 224 | 0 | 0 | 368 | ||||||||
Abreu e Lima Refinery | 473 | 0 | 0 | 0 | 0 | 0 | 0 | 473 | ||||||||
Cayman Cabiúnas Investment | 18 | 0 | 0 | 0 | 0 | 0 | 275 | 293 | ||||||||
Cia Locadora de Equipamentos Petrolíferos | 0 | 542 | 0 | 0 | 0 | 0 | 0 | 542 | ||||||||
Other subsidiaries | 160 | 112 | 8 | 0 | 0 | 7 | 0 | 287 | ||||||||
7,490 | 1,461 | 465 | 811 | 28,085 | 77 | 275 | 38,664 | |||||||||
SPECIFIC PURPOSE ENTITIES | ||||||||||||||||
Nova Transportadora do Nordeste - NTN | 481 | 0 | 0 | 0 | 0 | 0 | 72 | 553 | ||||||||
Nova Transportadora do Sudeste - NTS | 468 | 0 | 0 | 0 | 0 | 0 | 35 | 503 | ||||||||
PDET Off Shore | 0 | 0 | 0 | 0 | 0 | 0 | 65 | 65 | ||||||||
Other SPEs | 45 | 0 | 0 | 0 | 0 | 0 | 0 | 45 | ||||||||
994 | 0 | 0 | 0 | 0 | 0 | 172 | 1,166 | |||||||||
AFFILIATED COMPANIES | 232 | 62 | 3 | 0 | 0 | 0 | 0 | 297 | ||||||||
12/31/2010 | 8,716 | 1,523 | 468 | 811 | 28,085 | 77 | 447 | 40,127 | ||||||||
12/31/2009 | 7,790 | 780 | 295 | 973 | 47,837 | 78 | 1,511 | 59,264 |
(*) It includes its subsidiaries and jointly controlled subsidiaries.
48
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
Interest rates for active loans | ||||
|
||||
Index | 12.31.2010 | 12.31.2009 | ||
TJLP + 5% p.a. | 26 | 49 | ||
LIBOR + 1 to 3% p.a. | 24,174 | 44,798 | ||
1.70% p.a. | 183 | 224 | ||
101% of CDI | 115 | 171 | ||
14.5% p.a. | 78 | 77 | ||
IGPM + 6% p.a. | 146 | 146 | ||
Other rates | 3,363 | 2,372 | ||
28,085 | 47,837 |
Bolivia-Brazil gas pipeline
The section of the Bolivia-Brazil gas pipeline in Bolivia is the property of the company Gás Transboliviano S.A. (GTB), in which Gaspetro holds a minority interest (11%) in the capital of the Company.
A US$ 350 million turnkey contract for the construction of the Bolivian section of the pipeline was entered into with Yacimientos Petrolíferos Fiscales Bolivianos (YPFB), which was subsequently passed on to GTB, and, since January 2000, it is being paid off in the form of transport services over 12 years.
At December 31, 2010, the balance of the rights for future transport services, on account of costs already incurred in the construction up to that date, plus interest of 10.7% p.a., is R$ 252 (R$ 339 at December 31, 2009), of which R$ 149 is classified in long term receivable as an advance to suppliers (R$ 231 at December 31, 2009) which includes the amount of R$ 94 (R$ 102 at December 31, 2009) related to the acquisition in advance of the right to transport 6 million cubic meters of gas for a period of 40 years (TCO - Transportation Capacity Option).
The Brazilian section of the gas pipeline is the property of Transportadora Brasileira Gasoduto Bolívia-Brasil S.A. (TBG), a subsidiary of Gaspetro. At December 31, 2010, Petrobras total receivable from TBG for management, forwarding of costs and financing related to the construction of the gas pipeline and the acquisition in advance of the right to transport 6 million cubic meters of gas for a period of 40 years (TCO) was R$ 811 (R$ 973 at December 31, 2009), and is classified under long-term assets as accounts receivable, net.
49
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
11.2 Liabilities
PARENT COMPANY | ||||||||||||||||||
CURRENT LIABILITIES | NON-CURRENT LIABILITIES | |||||||||||||||||
Suppliers, mainly for purchases of oil and oil products |
Advances from clients |
Affreightment of Platforms |
Contractual commitments with transfer of benefits, risks and control of assets |
Other operations |
Contractual commitments with transfer of benefits, risks and control of assets |
Loans | Other operations |
TOTAL LIABILITIES |
||||||||||
SUBSIDIARIES (*) | ||||||||||||||||||
BR Distribuidora | (384) | (6) | - | - | - | - | - | (26) | (416) | |||||||||
Gaspetro | (659) | (318) | - | - | - | - | - | - | (977) | |||||||||
PifCo | (9,514) | (102) | - | - | - | - | - | (324) | (9,940) | |||||||||
PNBV | (88) | - | (1,562) | - | - | - | - | - | (1,650) | |||||||||
Downstream | (145) | - | - | - | - | - | - | - | (145) | |||||||||
Transpetro | (561) | - | - | - | - | - | - | - | (561) | |||||||||
PIB-BV Netherlands | (337) | (1) | - | - | - | - | - | - | (338) | |||||||||
Brasoil | (158) | - | (7) | - | - | - | - | - | (165) | |||||||||
Thermoelectric power plants | (204) | - | - | (29) | - | (580) | - | - | (813) | |||||||||
Marlim Participações S.A | - | - | - | - | - | - | - | - | - | |||||||||
Cia Locadora de Equipamentos Petrolíferos | - | - | - | (2,192) | - | (2,113) | - | - | (4,305) | |||||||||
Other subsidiaries | (95) | (3) | - | (20) | - | (143) | - | - | (261) | |||||||||
(12,145) | (430) | (1,569) | (2,241) | - | (2,836) | (350) | (19,571) | |||||||||||
SPECIFIC PURPOSE ENTITIES | ||||||||||||||||||
PDET Offshore | - | - | (172) | (139) | (1,420) | - | - | (1,731) | ||||||||||
Nova Transportadora do Nordeste - NTN | - | - | (223) | - | (1,102) | - | - | (1,325) | ||||||||||
Nova Transportadora do Sudeste - NTS | - | - | (225) | - | (1,059) | - | - | (1,284) | ||||||||||
Charter Development LLC | - | - | - | - | - | - | - | - | ||||||||||
Gasene Participações S/A | - | - | (45) | - | (6,235) | - | - | (6,280) | ||||||||||
CDMPI | - | (245) | - | (2,272) | - | - | (2,517) | |||||||||||
Other SPEs | - | - | - | - | - | - | ||||||||||||
(910) | (139) | (12,088) | (13,137) | |||||||||||||||
AFFILIATED COMPANIES | (84) | (2) | - | - | - | - | (54) | - | (140) | |||||||||
12/31/2010 | (12,229) | (432) | (1,569) | (3,151) | (139) | (14,924) | (54) | (350) | (32,848) | |||||||||
12/31/2009 | (29,723) | (752) | (1,394) | (3,502) | (139) | (10,904) | (49) | (856) | (47,319) |
(*) It includes its subsidiaries and jointly controlled subsidiaries.
50
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
11.3 Results
Parent company | ||||||||
Results | ||||||||
Net financial | Exchange and | |||||||
Operating income, | income | monetary | TOTAL | |||||
mainly from sales | (expenses) | variations, net | RESULTS | |||||
SUBSIDIARIES (*) | ||||||||
Petroquisa | 256 | - | 3 | 259 | ||||
BR Distribuidora | 57,953 | (12) | 22 | 57,963 | ||||
Gaspetro | 4,928 | (32) | (7) | 4,889 | ||||
PifCo | 19,772 | (674) | 220 | 19,318 | ||||
PNBV | - | (1) | 59 | 58 | ||||
Downstream | 3,548 | 7 | 18 | 3,573 | ||||
Transpetro | 555 | - | 33 | 588 | ||||
PIB-BV Netherlands | 111 | 25 | (66) | 70 | ||||
Brasoil | - | 1,117 | (1,155) | (38) | ||||
Petrobras Comercializadora Energia Ltda | 464 | 1 | 10 | 475 | ||||
Thermoelectric power plants | 52 | (84) | (17) | (49) | ||||
Marlim Participações S.A | - | (102) | - | (102) | ||||
Cia Locadora de Equipamentos Petrolíferos | - | (531) | - | (531) | ||||
Abreu e Lima Refinery | 258 | - | - | 258 | ||||
Other subsidiaries | 310 | (2) | (23) | 285 | ||||
88,207 | (288) | (903) | 87,016 | |||||
SPECIFIC PURPOSE ENTITIES | ||||||||
Nova Transportadora do Nordeste - NTN | - | (45) | - | (45) | ||||
Nova Transportadora do Sudeste - NTS | - | (29) | - | (29) | ||||
PDET Offshore | - | (92) | - | (92) | ||||
Charter Development LLC | - | (414) | 152 | (262) | ||||
Gasene Participações S/A | - | (431) | - | (431) | ||||
Transportadora Gasene | 130 | - | - | 130 | ||||
Other SPEs | - | (25) | - | (25) | ||||
130 | (1,036) | 152 | (754) | |||||
AFFILIATED COMPANIES | 11,304 | 14 | (27) | 11,291 | ||||
12/31/2010 | 99,641 | (1,310) | (778) | 97,553 | ||||
12/31/2009 | 85,900 | 1,514 | (6,603) | 80,811 | ||||
(*) It includes its subsidiaries and jointly controlled subsidiaries. |
51
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
11.4 Non Standard Credit Rights Investment Fund - FIDC-NP
The Parent Company Petrobras has invested resources in the non standard credit rights investment fund (FIDC-NP) which is mainly earmarked for the acquisition of performing and/or non-performing credit rights of operations performed by subsidiaries of the Petrobras System.
The amounts invested in government bonds in the FIDC-NP are recorded under cash and cash equivalents and marketable securities according to their respective realization terms.
The financial charges allocable on the sales operations of performing and/or non-performing credit rights are recorded as other current assets.
The assignments of performing credit rights are classified as other current assets, while they are not offset. The assignment of non-performing credit rights are recorded as other accounts and expenses payable in current liabilities
12.31.2010 | 12.31.2009 | |||
Financial investments | 206 | 3,442 | ||
Marketable securities | 7,758 | 1,718 | ||
Financial charges to allocate | 426 | 356 | ||
Assignments of performing rights | (622) | (838) | ||
Total classified in current assets | 7,768 | 4,678 | ||
Assignments of non-performing rights | (15,933) | (14,318) | ||
Total classified in current liabilities | (15,933) | (14,318) | ||
Financial income | 184 | 1,397 |
11.5 Guarantees obtained and granted
Petrobras has a policy of granting guarantees to its subsidiaries for certain financial operations carried out abroad.
The guarantees offered by Petrobras are made based on contractual clauses that support the financial operations between the subsidiaries and third parties, guaranteeing the purchase of the debt in the event of default on the part of the subsidiaries.
52
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
At December 31, 2010, the financial operations carried out by these subsidiaries and guaranteed by Petrobras present the following balances to be settled:
Date of maturity | 12/31/2010 | 12/31/2009 | ||||||||||||
of operations | PNBV | PifCo | PIB-BV | Ref. Abreu e Lima | TAG | Total | Total | |||||||
2010 | 0 | 0 | 0 | 0 | 0 | 0 | 4,927 | |||||||
2011 | 4,383 | 3,725 | 0 | 0 | 0 | 8,108 | 1,303 | |||||||
2012 | 449 | 1,000 | 83 | 0 | 0 | 1,532 | 2,706 | |||||||
2013 | 106 | 624 | 0 | 0 | 0 | 730 | 800 | |||||||
2014 | 477 | 1,140 | 167 | 0 | 0 | 1,784 | 2,044 | |||||||
2015 | 3,451 | 689 | 0 | 0 | 0 | 4,140 | 988 | |||||||
2015 onwards | 6,736 | 18,318 | 1,000 | 8,681 | 5,003 | 39,738 | 37,684 | |||||||
15,602 | 25,496 | 1,250 | 8,681 | 5,003 | 56,032 | 50,452 |
Petrobras has been importing and exporting equipment and material pursuant to Decree 4543/2002, which governs the special customs regime for exporting and importing assets intended for research activities and exploitation of oil and natural gas deposits (Repetro). The benefit of these operations made via Repetro is the temporary suspension of federal taxes for the period in which the aforementioned materials and equipment remain in Brazil. An appropriate surety, signed by third parties, as a way of guaranteeing the payment of the suspended taxes, is required.
The appropriate sureties are granted by Petrobras Distribuidora S/A (BR) and Petrobras Gás S/A (Gaspetro) and the remuneration charged is fixed at 0.30% p.a. on the amount of federal taxes that are suspended.
In the period from January to December 2010, the expenses incurred by Petrobras for obtaining the appropriate sureties were:
2010 | 2009 | |||
BR | 20 | 20 | ||
Gaspetro | 19 | 10 | ||
Total | 39 | 30 |
11.6 Investment fund of subsidiaries abroad
At December 31, 2010 and 2009, the subsidiaries PifCo and Brasoil had amounts invested abroad in an investment fund that held, amongst others, debt securities of companies of the Petrobras System and a specific purpose entity related to the Companys projects, mainly the CLEP, Malhas and Marlim Leste (P-53) and Gasene projects, equivalent to R$ 14,048 (R$ 12,724 at December 31, 2009). These amounts refer to the consolidated companies and were offset against the balance of financing in current and non-current liabilities.
53
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
11.7 Transactions with affiliated companies, government entities and pension funds
The Company is controlled by the Federal Government and carries out various transactions with government entities in the normal course of its operations.
Significant transactions with affiliated companies, government entities and a pension fund resulted in the following balances:
Consolidated | ||||||||
12.31.2010 | 12.31.2009 | |||||||
Assets | Liabilities | Assets | Liabilities | |||||
Affiliated companies | 305 | 144 | 950 | 166 | ||||
Braskem | 84 | 60 | 594 | 76 | ||||
Quattor | 78 | 43 | 260 | 41 | ||||
Other affiliated companies | 143 | 41 | 96 | 49 | ||||
Government entities and pension funds | 42,824 | 56,007 | 16,650 | 49,156 | ||||
Government bonds | 31,098 | - | 11,561 | - | ||||
Banco do Brasil S.A. | 5,067 | 9,415 | 1,484 | 7,294 | ||||
Deposits subject to legal proceedings (CEF and BB) | 2,466 | - | 1,716 | 63 | ||||
Electricity sector | 3,145 | - | 2,007 | - | ||||
Petroleum and alcohol account - Federal government credits | 822 | - | 817 | - | ||||
BNDES | 3 | 36,320 | 1 | 34,929 | ||||
Caixa Econômica Federal | 2 | 5,662 | 1 | 3,953 | ||||
Federal government - Proposed dividends and interest on | ||||||||
shareholders' capital | - | 1,118 | - | 563 | ||||
National Agency for Petroleum, National Gas and Biofuels | - | 2,568 | - | 1,322 | ||||
Petros (Pension fund) | - | 501 | - | 523 | ||||
Others | 221 | 423 | (937) | 509 | ||||
43,129 | 56,151 | 17,600 | 49,322 | |||||
Current | 34,481 | 8,393 | 10,394 | 5,982 | ||||
Non-current | 8,648 | 47,758 | 7,206 | 43,340 |
54
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The balances are classified in the Balance Sheet as follows:
Consolidated | ||||||||
12.31.2010 | 12.31.2009 | |||||||
Assets | Liabilities | Assets | Liabilities | |||||
Current assets | 34,481 | 10,394 | ||||||
Cash and cash equivalents | 5,424 | 8,369 | ||||||
Marketable securities | 25,525 | - | ||||||
Trade accounts receivable, net | 3,392 | 1,784 | ||||||
Other current assets | 140 | 241 | ||||||
Non-current | 8,648 | 7,206 | ||||||
Petroleum and alcohol account - STN | 822 | 817 | ||||||
Marketable securities | 5,177 | 4,583 | ||||||
Deposits in court | 2,468 | 1,716 | ||||||
Other long-term assets realized | 181 | 90 | ||||||
Current liabilities | 8,393 | 5,982 | ||||||
Financing | 3,667 | 2,836 | ||||||
Proposed dividends | 1,596 | 691 | ||||||
Other current liabilities | 3,130 | 2,455 | ||||||
Non-current liabilities | 47,758 | 43,340 | ||||||
Financing | 47,634 | 43,210 | ||||||
Other non-current liabilities | 124 | 130 | ||||||
43,129 | 56,151 | 17,600 | 49,322 |
55
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
Receivables from the electricity sector
The company has receivables from the electricity sector related to the supplying of fuel to thermoelectric power stations, direct and indirect subsidiaries of Eletrobrás, located in the northern region of Brazil. Part of the costs for supplying fuel to these thermoelectric power stations is borne by funds from the Fuel Consumption Account (CCC), managed by Eletrobrás.
The Company also supplies fuel to Independent Power Producers (PIE), companies created for the purpose of producing power exclusively for Amazônia Distribuidora S. A. (ADESA), a direct subsidiary of Eletrobrás, whose payments for supplying fuel depend directly on the forwarding of funds from ADESA to these Independent Power Producers.
The balance of these receivables at December 31, 2010 was R$ 3,145 (R$ 2,007 at December 31, 2009), presented in non-current assets and classified as receivables from related parties, of which R$ 2,372 was overdue.
The Company has made systematic collections from the debtors and Eletrobrás, itself, and partial paymentshavebeenmade.
56
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
11.8 Remuneration of officers and employees (expressed in reais)
The Petrobras Plan for Positions and Salaries and for Benefits and Advantages and the specific legislation establish the criteria for all the remunerations attributed by the Company to its officers and employees.
In fiscal year 2010, the highest and lowest remunerations attributed to employees occupying permanent positions, with respect to December, were R$ 60,965.12 and R$ 1,801.35 (R$ 55,747.18 and R$ 1,647.17 at December 31, 2009), respectively. The average remuneration in fiscal year 2010 was R$ 9,522.21 (R$ 8,638.66 at December 31, 2009).
With respect to the Petrobrass officers, the highest remuneration in 2010, using December as a base, was R$ 69,539.03 (R$ 59,465.04 at December 31, 2009).
The total remuneration for short-term benefits for the Petrobrass officers during fiscal year 2010 was R$ 8,730,865.00 (R$ 7,099,271.81 at December 31, 2009), which includes fees in amount of R$ 6,442,020.83 (R$ 5,248,780.31 in 2009) referring to seven officers and nine board members.
In consolidated, the fees for the officers and the board of directors total R$ 44,613,649.20 in 2010 (R$ 34,302,730.30 in 2009).
12 Deposits in court
The deposits in court are presented according to the nature of the corresponding lawsuits:
Consolidated | Parent company | |||||||||||
12.31.2010 | 12.31.2009 | 01.01.2009 | 12.31.2010 | 12.31.2009 | 01.01.2009 | |||||||
Labor | 940 | 726 | 608 | 888 | 694 | 582 | ||||||
Tax (*) | 1,193 | 888 | 895 | 912 | 662 | 659 | ||||||
Civil (*) | 596 | 362 | 340 | 558 | 330 | 299 | ||||||
Others | 78 | 13 | 10 | 68 | 5 | 2 | ||||||
Total | 2,807 | 1,989 | 1,853 | 2,426 | 1,691 | 1,542 |
(*) Net of deposits related to judicial proceedings for which a provision is recorded, when applicable.
57
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
13 Acquisitions and sales of assets
13.1 Bussiness Combination
Acquisition of the distribution and logistics businesses of ExxonMobil in Chile
On April 30, 2009, Petrobras, through its wholly owned subsidiaries Petrobras Venezuela Investments & Services B.V and Petrobras Participaciones, S.L., located in the Netherlands and Spain, respectively, concluded the process for the acquisition of the distribution and logistics businesses of ExxonMobil in Chile, with the payment of US$ 463 million, net of the cash and cash equivalents of the companies purchased. In 2010, the company conclude the evaluation of the fair value of the assets acquired was recognized the amount of R$ 163 in Property, plant and equipment and R$ 27 in Intangible assets; and goodwill through expectations of future profitability of R$ 81.
Breitener Energética S.A.
Up till December 31, 2009, Petrobras held 30% of the capital of Breitener Energética S.A., a company established for the purpose of generating electric power, situated in the city of Manaus, in the state of Amazonas. On February 12, 2010, 35% of the interest in the capital was purchased for R$ 3 thousand and Petrobras now holds shareholding control of the company. The appraisal of the fair value of the assets and liabilities has not been concluded and, therefore, was recognized preliminarily, a gain of R$ 17.
13.2 Acquisition of interests jointly controlled subsidiaries
BSBios Marialva Indústria e Comércio de Biodiesel Sul Brasil S.A.
On December 8, 2009, Petrobras Biocombustível invested in the capital of the company BSBios Marialva Indústria e Comércio de Biodiesel Sul Brasil S.A., paying in the amount of R$ 54 for acquisition of 50% of the total shares. In the evaluation of the fair value of the net assets acquired, a surplus value of R$ 2 was identified in the property, plant and equipment.
Bioóleo Industrial e Comercial S.A.
On August 24, 2010, Petrobras Biocombustível entered into the capital of the company Bioóleo Industrial e Comercial S.A. paying in the total amount of R$ 19 for acquisition of 50% of the total shares.
58
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
Nova Fronteira Bioenergia S.A.
On November 1, 2010, Petrobras Biocombustível entered into the capital of the company Nova Fronteira Bioenergia S.A., paying in the amount R$ 258, until December 27, for acquisition of 37.05% of the total shares, starting a partnership with Grupo São Martinho S.A. The Company intends to hold 49% of the shares by the end of 2011, as established in the investment agreement.
Brasil Carbonos S.A.
On December 22, 2010, the Company acquired 49% of the total shares of Brasil Carbonos S.A from the Unimetal Group for the amount of R$ 45. In the evaluation of the fair value of the net assets acquired, a surplus value of R$ 28 was identified in the property, plant and equipment.
13.3 Acquisition of affiliated companies
Total Agroindústria Canavieira S.A
On January 18, 2010, Petrobras Biocombustível invested in the capital of Total Agroindústria Canavieira S.A., paying in the amount of R$ 132 up till September 30, for acquisition of 40.37% of the total shares. The Company intends to hold 43.58% of the shares by March 2011, as established in the investment agreement.
Investment agreement between Petrobras, Petroquisa, Braskem, Odebrecht and Unipar
The Company, Odebrecht and Unipar executed an investment agreement on January 22, 2010 for integration of the petrochemical interests in Braskem. The consolidation process of the investments was concluded on December 27, through the following steps performed in 2010:
On February 8, BRK Investimentos Petroquímicos S.A. (BRK) became the holder of common shares issued by Braskem, corresponding to 93.3% of its voting capital, previously held by Petroquisa (31%) and Odebrecht (62.3%).
On April 14, 2010, the private capital call of Braskem S.A. was finalized with a capital increase in the amount of R$ 3,743, of which R$ 2,500 was paid in by the Company on April 5, 2010 and R$ 1,000 by Odebrecht on March 30.
On April 27, 2010, Braskem acquired from Unipar 60% of Quattor Participações and, on May 10, 100% of Unipar Comercial and 33.33% of Polibutenos.
On June 18, the Company incorporated into Braskem 40% of the shares of Quattor Participações S.A. through the issuing of 18,000,087 new common shares.
59
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
On August 17, there was the transfer of 1,515,433 preferred shares of Braskem, held by Odebrecht, to the Company for a nominal sum.
On August 30, 2010, also within the ambit of the agreement, Petrobras incorporated in Braskem 10% of the shares of Rio Polímeros S.A. (Riopol) through the issuing of 1,280,132 new preferred shares. This interest in Riopol was purchased from BNDESPAR on August 9, 2010 for R$ 140 and payment will be made in 3 annual installments starting in 2015, restated by the long-term interest rate (TJLP) plus 2.5% p.a.
On December 27, there was the incorporation of shares of Quattor Petroquímica in Braskem.
As a result of the abovementioned steps, the Company now holds 36.1% of the total capital of Braskem.
Also, on January 22, 2010, the Company and Odebrecht entered into a joint venture agreement which establishes that Braskem will gradually assume the companies that develop the petrochemical businesses of the Suape and Rio de Janeiro complexes.
These transactions are aligned with the Companys strategic plan for operating in the petrochemical sector in a way that is integrated with its other businesses, adding value to its products and permitting more effective participation in Braskem.
Guarani S.A.
On May 14, 2010, Petrobras Biocombustível paid R$ 683 into the capital of Cruz Alta Participações S.A (a subsidiary of Guarani S.A.), fulfilling the first of the three steps established for entry into the capital of Guarani. Of the other forecast steps, the delisting of shares of Guarani, with a subsequent exchange of the shares of Cruz Alta for shares of Guarani, was concluded on October 29, 2010 and the additional paying in of capital in order to reach a 45.7% interest in the capital of Guarani will take place over five years, reaching, together with the capital already paid in, a total amount of R$ 1,611, as negotiated in the investment agreement. The agreement also establishes the possibility of additional contributions on the part of the partners up to the limit of a 49% interest by Petrobras Biocombustível.
13.4 Acquisition of noncontrolling interest
Acquisition of the entire Pasadena Refinery
In a decision handed down in April 2009, in an arbitration process involving Petrobras America Inc. (PAI) and others and Astra Oil Trading NV (ASTRA) and others, the exercise of the put option by ASTRA was confirmed as valid with respect to PAI and subsidiaries of the remaining 50% of the shares of ASTRA in Pasadena Refining Systems Inc. (PRSI) and PRSI Trading Company LP, for the amount of US$ 466 million.
60
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The amounts corresponding to the purchase of the shares and the reimbursement of the payment of the guarantee by BNP to ASTRA have been recognized in the accounting by the Company since the arbitration decision in April 2009. At December 31, 2010, these amounts corresponded to US$ 513 million and US$ 185 million, respectively, already considering the interest due up to this date.
Until now the parties have not reached an agreement with respect to the finalization of various pending items existing between them for signing the overall term of agreement that will put an end to the litigation and permit the payments that are the object of the arbitration decision.
In an arbitration decision before the State Court of Texas in December 2010 a sentence was handed down confirming the Arbitration Award. PAI and its subsidiaries filed an appeal against the decision of the State Court of Texas. To do this, the defendants presented a guarantee to the court. The hearing of the appeal may take up to one year.
The transfer of the shares of PRSI and PRSI Trading from ASTRA to PAI, through the put option is not the subject of questioning by the parties.
Judicial proceedings in which requests are made for reciprocal indemnifications made by the parties also continue in progress.
This transaction with minority shareholders resulted in a decrease of R$ 520 in shareholders equity attributable to the Companys shareholders, as an additional capital contribution.
Option to sell of the Nansei Sekiyu refinery
On April 1, 2010 the Sumitomo Corporation (Sumitomo) expressed to PIB B.V., a fully owned subsidiary of Petrobras, its interest in exercising the right of sale of 12.5% of the shares of the capital of the Nansei Sekiyu K.K. refinery (Nansei), as part of the rearrangement of its interests in the oil products sector.
The rest of the shareholding capital is already owned by PIB B.V. since 2008.
The share purchase agreement was signed on September 29, 2010 and payment, in the amount equivalent to R$ 49 (JPY 2,365 millions), was made on October 20, 2010 through the delivery of the shares.
Nansei has a refinery located in the Japanese province of Okinawa, with a processing capacity 100 thousand barrels of light petroleum per day, and it produces high quality oil products to the standards of the Japanese market.
This transaction with minority shareholders resulted in a decrease of R$ 18 in shareholders equity attributable to the Companys shareholders, as an additional capital contribution.
61
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
Acquisition of a shareholding interest in Refinaria Alberto Pasqualini S.A. - REFAP
On December 14, 2010 Downstream Participações Ltda signed the Agreement for Purchase and Sale of Shares with Repsol YPF for acquisition of 30% of the capital of Refinaria Alberto Pasqualini S.A. (Refap) for US$ 350 million (equivalent to R$ 594). This transaction with noncontrolling shareholders resulted in a decrease of R$ 119 in the net equity attributable to the Companys shareholders, as an additional capital contribution.
With this acquisition, Downstream holds 100% of the control of the shares of Refap. Repsol had acquired a 30% interest in 2001, as a result of an exchange of assets made between the companies.
Purchase Options of Specific Purpose Entities (SPE)
In 2009 and 2010 the Company exercised its purchase option for the SPEs as established in the option agreement for the purchase of shares entered into with the shareholders of the SPEs.
These operations resulted in an increase of R$ 1,936 in 2009 and a decrease of R$ 826 in 2010, recorded in shareholders equity attributable to the Companys shareholders as an additional capital contribution, as presented in the table below:
% of shares | Value of | Additional capital contribution |
||||||||||||
Date of option |
Project | Corporate name of the SPE | 2009 | 2010 | option | 2009 | 2010 | |||||||
04/30/2009 | Marlim | Marlim Participações S.A | 100% | 57 | ||||||||||
12/11/2009 | CLEP | Companhia Locadora de Equipamentos Petrolíferos | 100% | 90 | 1,878 | |||||||||
12/30/2009 | NovaMarlim | NovaMarlim Participações S.A | 43,43% | 56,57% | 1 | 1 | ||||||||
03/16/2010 | Cabuínas | Cayman Cabiúnnas Investment Co. Ltd. | 100% | 151 | ||||||||||
08/05/2010 | Amazônia | Transportadora Urucu Manaus S.A - TUM | 100% | 170 | ||||||||||
09/01/2010 | Barracuda & Caratinga | Barracuda & Caratinga Holding Company B.V. | 100% | (997) | ||||||||||
241 | 1,936 | (826) |
The transfer of the remaining shares of NovaMarlim Participações S.A. was made on May 7, 2010.
62
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
On June 24, 2010, TUM acquired Cia. de Geração Termoelétrica Manauara for R$ 10 thousand and then amalgamated it. On August 5, 2010 the Company exercised its purchase option of TUM and amalgamated it on August 18, 2010. As a consequence of these mergers, Codajás Coari Participações Ltda. and Manaus Geração Termoelétrica Participações Ltda., former parent companies of Cia. de Geração Termoelétrica Manauara and TUM, respectively, stopped being consolidated in Petrobras, as they are no longer involved in Project Amazônia.
On December 7, 2010, NovaMarlim Participações S.A. and Marlim Participações S.A. were merged into Petrobras.
13.5 Sale of assets and other information
Sale of the San Lorenzo refinery and part of the distribution network in Argentina
On May 4, 2010, Petrobras Argentina S.A. (formerly Petrobras Energia S.A.), approved the terms and conditions of the agreement for the sale to Oil Combustibles S.A. of refining and distribution assets in Argentina. The deal comprises a refinery located in San Lorenzo in the province of Santa Fé, a fluvial unit, and a fuel trading network connected to this refinery, consisting of 360 sales points and associated wholesaler clients.
The expected fair value of the transaction of R$ 60 (US$ 36 million), net of the selling costs, is less than the net carrying value, recording a loss R$ 114. This asset held for sale is recorded under other current assets.
The transaction is in the process of approval by the administrative authorities required by the prevailing legislation in Argentina, and is expected to be completed in the first half of 2011.
Gas Brasiliano Distribuidora S.A.
On May 26, 2010, Petrobras Gás S.A. (Gaspetro) entered into an agreement with Ente Nazionale Idrocarburi S.p.A. (ENI) for acquisition of 100% of the shares of Gas Brasiliano Distribuidora S.A. (GBD), for the approximate amount of US$ 250 million, subject to adjustments due to the value of the companys working capital on the settlement date of the transaction.
GBD holds the natural gas distribution service concession in the north west region of the State of São Paulo, in an area that covers 375 municipalities where it attends the industrial, commercial, residential and vehicular demands of the region. The concession agreement began in December 1999 for a duration of 30 years and may be extended for another 20 years. In 2009, the companys distribution network comprised 734.5 km and the volume of sales was approximately 529 thousand cubic meters of natural gas per day.
63
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
Transfer of control will be made only after the conclusion of the transaction, which is conditioned to approval by the Regulatory Agency for Sanitation and Energy of the State of Sao Paulo (ARSESP).
Establishment of Sete Brasil Participações S.A.
The Minutes of the General Shareholders Meeting for the establishment of Sete Brasil Participações S.A. were carried out on December 22, 2010. Petrobras has a share holding interest of up to 10% in the capital, jointly with capital investors through a share investment fund (FIP Sondas).
Sete Brasil is a joint stock company established to hold interests in other companies to be created in order to build, operate and charter latest generation, high-performance, cost competitive, drilling rigs, built in Brazil, which are capable of operating fully in the Brazilian pre-salt area, to be chartered by companies, which are concessionaires of exploration blocks, or for clients that have agreements with these companies.
Operations in Ecuador
In 2006, the Ecuadorian government began a series of tax and regulatory reforms with respect to hydrocarbon activities, which significantly affected the agreements for participation in exploration blocks. As from November 24, 2010, all the exploration agreements in force until then had to migrate to service agreements.
Petrobras Argentina S.A. (PESA), through Sociedade Ecuador TLC S.A., holds a 30% interest in the exploration agreements for Block 18 and the unified Palo Azul field, located in the Oriente basin of Ecuador.
PESA decided not to accept the final proposal to migrate its agreements to the new contractual model, thus it is the responsibility of the Ecuadorian Government to indemnify the investments made in those exploration blocks.
Also in Ecuador, PESA has a Ship or Pay agreement entered into with Oleoducto de Crudos Pesados Ltd (OCP) for transporting oil, which is in force since November 10, 2003 with an effective term of 15 years. On account of the commitments assumed for the transport capacity contracted and not used due to the decrease in the volume of oil traded, it recorded liabilities of US$ 85 million at December 31, 2010.
64
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
14 Investments
14.1 Information on subsidiaries, jointly controlled subsidiaries and affiliated companies
Thousands of shares/quotas | |||||||||||||
Subscribed capital | Net Equity | Net income | |||||||||||
as of December 31, | Common | Preferred | (unsecured | (loss) for the | |||||||||
2010 | shares/quotas | shares | liabilities) | year | |||||||||
Subsidiaries: | |||||||||||||
Petrobras Distribuidora S.A. - BR | 5,153 | 42,853,453 | 9,250 | 1,407 | |||||||||
Petrobras Netherlands B.V. - PNBV | 4,643 | 15,127 | 9,093 | 2,478 | |||||||||
Petrobras Gás S.A. - Gaspetro | 4,890 | 2,536 | 633 | 7,554 | 1,215 | ||||||||
Petrobras Química S.A. - Petroquisa | 2,379 | 13,508,637 | 12,978,886 | 3,987 | 171 | ||||||||
Petrobras Transporte S.A. - Transpetro | 2,072 | 2,072,466 | 2,659 | 548 | |||||||||
Comperj Petroquímicos Básicos S.A. | 2,433 | 243,253 | 2,425 | (8) | |||||||||
Termorio S.A. | 2,185 | 2,185,000 | 2,370 | 327 | |||||||||
Refinaria Abreu e Lima S.A. | 1,168 | 1,168,241 | 2,015 | 283 | |||||||||
Downstream Participações Ltda. | 1,227 | 1,226,500 | (*) | 1,628 | 194 | ||||||||
Companhia Locadora de Equipamentos Petrolíferos S.A. - CLEP | 827 | 180,000 | 1,473 | 24 | |||||||||
Petrobras Biocombustível S.A. | 1,396 | 139,590 | 1,194 | (110) | |||||||||
Termomacaé Ltda | 634 | 634,015 | (*) | 734 | 165 | ||||||||
Petrobras International Braspetro - PIB BV | 6 | 2,935 | (705) | 595 | |||||||||
Petrobras International Finance Company - PifCo | 531 | 300,050 | (571) | (466) | |||||||||
Petrobras Comercializadora de Energia Ltda. - PBEN | 217 | 216,852 | (*) | 371 | 189 | ||||||||
FAFEN Energia S.A. | 381 | 380,574 | 343 | 59 | |||||||||
Comperj Poliolefinas S.A. | 309 | 30,868 | 309 | - | |||||||||
Termoceará Ltda. | 275 | 275,226 | (*) | 278 | 42 | ||||||||
Comperj PET S.A. | 272 | 27,174 | 272 | - | |||||||||
Baixada Santista Energia Ltda. | 283 | 283,136 | (*) | 249 | 1 | ||||||||
Braspetro Oil Services Company - Brasoil | 351 | 106,210 | 211 | (256) | |||||||||
Sociedade Fluminense de Energia Ltda. - SFE | 56 | 55,556 | (*) | 187 | 191 | ||||||||
Usina Termelétrica de Juiz de Fora S.A. | 109 | 97,863 | 132 | 25 | |||||||||
5283 Participações Ltda. | 160 | 160,000 | 124 | (32) | |||||||||
Comperj MEG S.A | 1,422 | 1,421,604 | (*) | (81) | 156 | ||||||||
Comperj Estirênicos S.A. | 77 | 7,696 | 77 | - | |||||||||
Termomacaé Comercializadora de Energia Ltda. | 76 | 7,642 | 76 | - | |||||||||
Braspetro Oil Company - BOC | 78 | 77,599 | (*) | 57 | 21 | ||||||||
Breitener Energética S.A. | 50 | 56 | 172 | ||||||||||
Cordoba Financial Services GmbH | 5 | 1 | (**) | 37 | - | ||||||||
Termobahia S.A. | 312 | 52 | 34 | (2) | |||||||||
Petrobras Negócios Eletrônicos S.A. - E-Petro | 21 | 21,000 | 26 | 2 | |||||||||
Fundo de Investimento Imobiliário RB Logística - FII | 1 | 117,127 | (*) | 3 | 3 | ||||||||
Cayman Cabiunas Investment Co. | 100 | (**) | 25,500 | - | (3) | ||||||||
Comperj Participações S.A. | 1 | - | - | ||||||||||
Jointly controlled subsidiaries | - | - | |||||||||||
Termoaçu S.A. | 700 | 1,254,233 | 711 | 2 | |||||||||
UTE Norte Fluminense S.A. | 481 | 481,432 | 653 | 200 | |||||||||
Brasil PCH S.A. | 45 | 45,000 | 139 | 50 | |||||||||
Ibiritermo S.A. | 109 | 94,188 | 14,844 | 132 | (3) | ||||||||
Brasympe Energia S.A. | 8 | 7,652 | 96 | 38 | |||||||||
Participações em Complexos Bioenergéticos S.A. - PCBIOS | 26 | 26,000 | 71 | 5 | |||||||||
Cia Energética Manauara S.A | 61 | 61,400 | 63 | (1) | |||||||||
Refinaria de Petróleo Riograndense S.A. | 15 | 5,158 | 10,138 | 48 | 58 | ||||||||
Brentech Energia S.A. | 39 | 25,901 | 35 | 4 | |||||||||
Projetos de Transporte de Álcool S.A. - PMCC | 25 | 33,000 | 15 | (9) | |||||||||
Eólica Mangue Seco 1 - Geradora e Comercializadora de Energia Elétrica S.A. | 9 | 8,715 | 7 | (2) | |||||||||
Eólica Mangue Seco 3 - Geradora e Comercializadora de Energia Elétrica S.A. | 9 | 12,861 | 7 | (2) | |||||||||
Eólica Mangue Seco 2 - Geradora e Comercializadora de Energia Elétrica S.A. | 9 | 8,526 | 7 | (2) | |||||||||
Eólica Mangue Seco 4 - Geradora e Comercializadora de Energia Elétrica S.A. | 7 | 8,838 | 5 | (2) | |||||||||
GNL do Nordeste Ltda. | 1 | 7,507 | (*) | - | - | ||||||||
Affiliated companies | |||||||||||||
Braskem | 8,043 | 451,669 | 349,997 | 9,239 | (***) | 476 | (***) | ||||||
BRK Investimentos Petroquímicos S.A. | 2,432 | 269,193 | 5,489 | 905 | (***) | ||||||||
UEG Araucária Ltda. | 707 | 707,440 | (*) | 654 | 3 | ||||||||
Arembepe Energia S.A. | 90 | 90,218 | 43 | (29) | |||||||||
Energética Camaçari Muriçy I Ltda. | 67 | 67,260 | 36 | (8) | |||||||||
Termoelétrica Potiguar S.A. - TEP | 37 | 5,100 | 31 | (16) | |||||||||
Energética SUAPE II | 37 | 36,977 | 15 | (19) | |||||||||
Companhia Energética Potiguar S.A. | 8 | 1 | 12 | 5 | |||||||||
Bioenergética Britarumã S.A. | 110 | - |
(*) Quotas
(**) Number of shares in units
(***) Data with respect to September 30, 2010 - the most recent data available on the market.
65
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
14.2 Investments (Consolidated)
12.31.2010 | 12.31.2009 | |||
Affiliated companies | ||||
BRK Investimentos Petroquímicos S.A. | 3,271 | 0 | ||
Other petrochemical investments | 2,995 | 3,476 | ||
Guarani S.A. | 680 | 0 | ||
Petroritupano - Orielo | 413 | 531 | ||
Petrowayu - La Concepción | 327 | 390 | ||
Petrokariña - Mata | 212 | 275 | ||
UEG Araucária Ltda. | 128 | 95 | ||
Copergás - Cia Pernambucana de Gás | 83 | 83 | ||
Refinor | 57 | 71 | ||
Other affiliated companies | 483 | 364 | ||
8,649 | 5,285 | |||
Other investments | 230 | 487 | ||
8,879 | 5,772 |
14.3 Investments in listed companies
Quotation on stock | ||||||||||||||
exchange | ||||||||||||||
Lot of a thousand shares | (R$ per share) | Market value | ||||||||||||
Company | 12.31.2010 | 12.31.2009 | Type | 12.31.2010 | 12.31.2009 | 12.31.2010 | 12.31.2009 | |||||||
Subsidiaries | ||||||||||||||
Petrobras Argentina | 678,396 | 678,396 | ON | 4,46 | 2,77 | 3,026 | 1,879 | |||||||
3,026 | 1,879 | |||||||||||||
Affiliated companies | ||||||||||||||
Braskem | 212,427 | 59,014 | ON | 17,80 | 12,44 | 3,781 | 734 | |||||||
Braskem | 75,793 | 72,997 | PNA | 20,37 | 14,08 | 1,544 | 1,028 | |||||||
Quattor Petroquímica | 46,049 | 51,111 | PN | 6,99 | 7,40 | 322 | 378 | |||||||
5,647 | 2,140 |
The market value of these shares does not necessarily reflect the realizable value of a representative lot of shares.
66
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
14.4 Changes in the investments
Profit and loss | ||||||||||||||||
Balance at 12/31/2009 |
Acquisition and paying in of capital |
Additional Capital Contribution |
Write-off through incorporation / capital decrease |
Equity accounting | Comprehensive and other |
Dividends | Balance at 12/31/2010 |
|||||||||
Subsidiaries | ||||||||||||||||
Petrobras Distribuidora | 8,036 | - | - | - | 1,405 | 9 | (334) | 9,116 | ||||||||
Petroquisa | 3,113 | 198 | 608 | - | 186 | 1 | (109) | 3,997 | ||||||||
Gaspetro | 6,444 | 15 | 170 | - | 1,215 | - | (289) | 7,555 | ||||||||
Transpetro | 1,849 | 356 | - | - | 508 | (11) | (134) | 2,568 | ||||||||
Brasoil | 895 | - | (997) | - | (83) | 185 | - | - | ||||||||
Downstream | 946 | 597 | (119) | - | 199 | - | - | 1,623 | ||||||||
PBEN | 226 | - | - | - | 189 | - | (45) | 370 | ||||||||
Termorio | 2,802 | - | - | (600) | 327 | - | (158) | 2,371 | ||||||||
FAFEN | 281 | - | - | - | 62 | - | - | 343 | ||||||||
PNBV | 3,929 | 2,805 | 37 | - | 2,231 | (403) | - | 8,599 | ||||||||
Baixada Santista | 227 | 21 | - | - | 1 | - | - | 249 | ||||||||
Termoceará | 236 | - | - | - | 42 | - | - | 278 | ||||||||
Termomacaé Ltda | 934 | - | - | (300) | 165 | - | (65) | 734 | ||||||||
SFE | 260 | - | - | (200) | 201 | - | (74) | 187 | ||||||||
UTE Juiz de Fora | 113 | - | - | - | 25 | - | (6) | 132 | ||||||||
Abreu e Lima Refinery | 1,732 | - | - | - | 283 | - | - | 2,015 | ||||||||
PBIO | 100 | 1,204 | - | - | (110) | - | - | 1,194 | ||||||||
COMPERJ Petroquímicos | 1,011 | 1,422 | - | - | (8) | - | - | 2,425 | ||||||||
COMPERJ PET | 130 | 142 | - | - | - | - | - | 272 | ||||||||
COMPERJ Estirênicos | 32 | 44 | - | - | - | - | - | 76 | ||||||||
COMPERJ MEG | 40 | 37 | - | - | - | - | - | 77 | ||||||||
COMPERJ Poliolefinas | 137 | 172 | - | - | - | - | - | 309 | ||||||||
CLEP | 2,005 | - | - | - | 10 | - | (542) | 1,473 | ||||||||
Other subsidiaries | 248 | 37 | 1 | 1 | 42 | (38) | - | 291 | ||||||||
Jointly controlled subsidiaries | 793 | 33 | - | - | 92 | 7 | (45) | 880 | ||||||||
Affiliated companies | 0 | - | - | - | - | - | - | - | ||||||||
BRK | - | 2,510 | (588) | - | 232 | 7 | (53) | 2,108 | ||||||||
Other affiliated companies | 575 | 161 | 4 | - | (254) | (3) | (10) | 473 | ||||||||
37,094 | 9,754 | (884) | (1,099) | 6,960 | (246) | (1,864) | 49,715 | |||||||||
2010 | 2009 | |||||||||||||||
Subsidiaries, jointly controlled subsidiaries and affiliated companies | 49,715 | 37,094 | ||||||||||||||
Goodwill | 2,242 | 2,242 | ||||||||||||||
Unrealized income of the Parent company | (1,150) | (1,168) | ||||||||||||||
Other investments | 148 | 150 | ||||||||||||||
Total investments | 50,955 | 38,318 |
67
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
14.5 Information as of December 31, 2010 on the jointly controlled subsidiaries included in the consolidation
Direct jointly controlled subsidiaries | Indirect jointly controlled subsidiaries | |||||||||
Thermoelectric | Refinaria de | |||||||||
power stations | Petróleo | Others | Gas distributors | Others | ||||||
Riograndense | ||||||||||
Current assets | 868 | 150 | 169 | 1,963 | 1,012 | |||||
Long-term receivables | 942 | 3 | 63 | 241 | 270 | |||||
Property, plant and equipment | 2,875 | 52 | 138 | 2,035 | 3,271 | |||||
Other non-current assets | 8 | 0 | 13 | 55 | 41 | |||||
Current liabilities | 717 | 80 | 154 | 1,582 | 629 | |||||
Non-current liabilities | 2,207 | 77 | 77 | 506 | 516 | |||||
Net Equity | 1,758 | 48 | 152 | 2,206 | 3,449 | |||||
Minority interest | 11 | 0 | 0 | 0 | 0 | |||||
Net operating income | 1,244 | 962 | 962 | 4,517 | 1,419 | |||||
Net income for the year | 313 | 58 | 41 | 583 | 541 | |||||
Ownership percentage - % | 10% a 76,87% | 33,20% | 33,20% a 51,0% | 23,50% a 83,0% | 20,00% a 72,00% |
14.6 Information on affiliated companies
2010 | 2009 | |||||||||
Interest in | ||||||||||
subscribed | Shareholders' | Net income | Non-current | Non-current | ||||||
capital - % | equity | for the year | assets | assets | ||||||
Related to Petroquisa | ||||||||||
Deten Química S.A. | 27,88 | 289 | 63 | 149 | 150 | |||||
NITROCLOR Produtos Químicos Ltda. | 38,80 | 1 | 0 | 1 | 1 | |||||
Related to BR | ||||||||||
Brasil Supply S.A. | 10,00 | 12 | (3) | 15 | 3 | |||||
Related to Gaspetro | ||||||||||
Transportadora Sulbrasileira de Gás S.A. - TSB | 25,00 | 27 | - | 23 | 24 | |||||
Companhia Pernambucana de Gás - COPERGAS | 41,50 | 211 | 32 | 173 | 178 | |||||
Related to Petrobras Biocombustível | ||||||||||
Guarani S.A. | 26,49 | 1,920 | 5 | 2,728 | ||||||
Total Agroindústria Canavieira S.A. | 40,37 | 177 | (1) | 251 |
68
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
15 Property, plant and equipment
15.1 By type of asset
Consolidated | Parent company | |||||||||||
Land, buildings and improvements |
Equipment and other assets |
Assets under construction (*) |
Expenses on exploration and development Production of oil and gas (producing fields) |
Total | Total | |||||||
Balance at January 1, 2009 | 5,949 | 63,919 | 94,011 | 21,815 | 185,694 | 117,714 | ||||||
Additions | 499 | 5,414 | 61,262 | 1,259 | 68,434 | 41,779 | ||||||
Capitalized interest | - | - | 3,231 | - | 3,231 | 2,564 | ||||||
Write-offs | (89) | (192) | (3,094) | 322 | (3,053) | (1,834) | ||||||
Transfers | 2,479 | 16,114 | (27,495) | 8,036 | (866) | (483) | ||||||
Depreciation, amortization and depletion | (465) | (8,249) | - | (5,195) | (13,909) | (9,746) | ||||||
Impairment - formation | - | (161) | - | (356) | (517) | (575) | ||||||
Impairment - reversion | - | 16 | 36 | (16) | 36 | 28 | ||||||
Accumulated translation adjustment | (386) | (6,051) | (5,113) | (421) | (11,971) | - | ||||||
Balance at December 31, 2009 | 7,987 | 70,810 | 122,838 | 25,444 | 227,079 | 149,447 | ||||||
Additions | 282 | 3,355 | 57,515 | 3,157 | 64,309 | 49,506 | ||||||
Capitalized interest | - | - | 5,409 | 99 | 5,508 | 4,223 | ||||||
Business combination | 61 | 70 | 18 | - | 149 | 0 | ||||||
Write-offs | (143) | (109) | (1,524) | (606) | (2,382) | (1,493) | ||||||
Transfers | 2,000 | 33,935 | (44,992) | 13,137 | 4,080 | (1,863) | ||||||
Depreciation, amortization and depletion | (843) | (7,650) | - | (5,730) | (14,223) | (10,149) | ||||||
Impairment - formation | - | (181) | - | (265) | (446) | (434) | ||||||
Impairment - reversion | - | 131 | - | 408 | 539 | 538 | ||||||
Accumulated translation adjustment | 26 | (1,435) | (308) | (58) | (1,775) | - | ||||||
Balance at December 31, 2010 | 9,370 | 98,926 | 138,956 | 35,586 | 282,838 | 189,775 | ||||||
Cost | 11,146 | 128,060 | 122,838 | 62,644 | 324,688 | 224,729 | ||||||
Accumulated depreciation, amortization and depletion | (3,159) | (57,250) | - | (37,200) | (97,609) | (75,282) | ||||||
Balance at December 31, 2009 | 7,987 | 70,810 | 122,838 | 25,444 | 227,079 | 149,447 | ||||||
Cost | 13,308 | 163,566 | 138,956 | 77,555 | 393,385 | 271,824 | ||||||
Accumulated depreciation, amortization and depletion | (3,938) | (64,640) | - | (41,969) | (110,547) | (82,049) | ||||||
Balance at December 31, 2010 | 9,370 | 98,926 | 138,956 | 35,586 | 282,838 | 189,775 | ||||||
Estimated useful life in years | 25 to 40 (except land) |
3 to 31 | Units of production method |
(*) It includes oil and gas exploration and production development assets.
At December 31, 2010, the property, plant and equipment of Consolidated and the Parent company includes assets originating from leasing agreements that transfer benefits, risks and control in the amount of R$ 789 and R$ 17,506, respectively (R$ 1,267 and R$ 16,798 at December 31, 2009).
69
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
15.1.1 By estimated useful life - Consolidated
Buildings and improvements, equipments and other assets | ||||||
|
||||||
Estimate useful life | Cost | Accumulated | Balance at | |||
depreciation | December 31, 2010 | |||||
Until 5 years | 6,712 | (4,332) | 2,380 | |||
6 - 10 years | 29,687 | (13,839) | 15,848 | |||
11 - 15 years | 3,158 | (1,494) | 1,664 | |||
16 - 20 years | 31,696 | (14,130) | 17,566 | |||
21 - 25 years | 22,496 | (8,248) | 14,248 | |||
25 - 30 years | 49,273 | (7,453) | 41,820 | |||
30 years and onwards | 4,072 | (2,760) | 1,312 | |||
Production Unit Method | 28,353 | (16,324) | 12,029 | |||
175,447 | (68,580) | 106,867 | ||||
Buildings and improvements | 11,881 | (3,940) | 7,941 | |||
Equipments and other assets | 163,566 | (64,640) | 98,926 |
15.2 Depreciation
The depreciation for the years ended December 31, 2010 and 2009 is presented below:
Consolidated | Parent company | |||||||
2010 | 2009 | 2010 | 2009 | |||||
Portion absorbed in funding: | ||||||||
Of assets | 7,344 | 7,626 | 4,752 | 5,225 | ||||
Of exploration and production expenses | 5,344 | 4,662 | 4,326 | 3,527 | ||||
Capitalized / provisioned | ||||||||
cost for abandonment of wells | 386 | 827 | 327 | 530 | ||||
13,074 | 13,115 | 9,405 | 9,282 | |||||
Portion recorded directly in the results | 1,149 | 794 | 744 | 464 | ||||
14,223 | 13,909 | 10,149 | 9,746 |
15.3 Impairment of assets
Exploration and Production
The evaluation of recoverability of the assets resulted in a loss of R$ 434, which is related mainly to the assets in production in Brazil. The oil and natural gas fields that presented losses are at the maturity stage of their useful lives and, considering the levels of their future production and their cost structures, they pointed to the need for a reduction in their recoverable value.
70
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
This evaluation also indicated that the loss through devaluation, recognized in prior periods for some oil and natural gas fields, decreased or ceased to exist, considering, especially, the management of a reserve that resulted in an increase in recovery of the reserves, in addition to the increase in the scenario of projected prices for Brent oil, which resulted in a reversal in the amount of R$ 538.
16 Intangible assets
16.1 By type of asset
Consolidated | Parent Company | |||||||||||
Software | ||||||||||||
Rights and Concessions |
Acquired | Developed in-house |
Goodwill from expectations of future profitability |
Total | Total | |||||||
Balance at December 31, 2008 | 6,876 | 441 | 1,344 | 931 | 9,592 | 3,233 | ||||||
Addition | 315 | 83 | 311 | 16 | 725 | 363 | ||||||
Capitalized interest | - | - | 19 | - | 19 | 19 | ||||||
Write-off | (58) | (8) | (17) | - | (83) | (29) | ||||||
Transfers | (108) | 40 | (3) | 18 | (53) | 1 | ||||||
Amortization | (223) | (149) | (291) | - | (663) | (371) | ||||||
Accumulated translation adjustment | (1,195) | (32) | 1 | (40) | (1,266) | - | ||||||
Balance at December 31, 2009 | 5,607 | 375 | 1,364 | 925 | 8,271 | 3,216 | ||||||
Addition | 312 | 90 | 328 | 3 | 733 | 455 | ||||||
Oil exploration rights Onerous assignment | 74,808 | - | - | - | 74,808 | 74,808 | ||||||
Acquisition through business combination | 1 | - | 0 | 20 | 21 | - | ||||||
Capitalized interest | - | 0 | 25 | - | 25 | 25 | ||||||
Write-off | (318) | (4) | (2) | (2) | (326) | (42) | ||||||
Transfers | 376 | (11) | 33 | 83 | 481 | 14 | ||||||
Amortization | (160) | (121) | (375) | - | (656) | (434) | ||||||
Impairment - formation | (54) | - | - | - | (54) | - | ||||||
Accumulated translation adjustment | (195) | (3) | - | (7) | (205) | - | ||||||
Balance at December 31, 2010 | 80,377 | 326 | 1,373 | 1,022 | 83,098 | 78,042 | ||||||
Estimated useful life - years | 25 | 5 | 5 | Indefinida |
16.2 Oil exploration rights - Onerous assignment
On September 3, 2010, Petrobras, as assignee, the Federal Government as assignor, and the National Agency for Petroleum, Natural Gas and Biofuels (ANP) as regulator and supervisor, executed an agreement for onerous assignment of the right to exercise research and mining activities for petroleum, natural gas and other fluid hydrocarbons located in blocks in the pre-salt area, limited to the production of five billion barrels of oil equivalents for 40 years.
All the terms of the Onerous Assignment Agreement were approved by the Companys Board of Directors on September 1, 2010, by the National Energy Policy Council (CNPE) and by the minority shareholders committee.
71
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
As a reciprocal obligation to the right of exercising oil exploration and production activities, the Company paid, with funds originating from the public share offering, the settlement of which took place on September 29, 2010, the amount of R$ 67,816 in National Treasury Bills and R$ 6,992 in local currency, amounting to the total for the right of exploration of R$ 74,808, which will be amortized in accordance with the future units produced and will be subject to impairment testing.
The initial value of the Onerous Assignment Agreement was determined through negotiation between Petrobras and the Federal Government, based on technical appraisals prepared by independent certifying entities that were contracted by Petrobras and by ANP in the terms of Law 12276/10, resulting in a weighted average price of R$ 14.96 (US$ 8.51) per barrel for the areas presented below:
Volumes | ||||
Blocks | Millions of boe | Amount | ||
Franco | 3,058 | 48,621 | ||
Florim | 467 | 7,400 | ||
Northeast of Tupi | 428 | 6,425 | ||
Around Iara | 600 | 6,137 | ||
South Guará | 319 | 4,456 | ||
South of Tupi | 128 | 1,769 | ||
5,000 | 74,808 |
The agreement for concession of the rights establishes that at the time of the declaration of the commerciality of the reserves there will be a review of volumes and prices, based on independent technical reports. If the review determines that the acquired rights reach an amount greater than that initially paid, the Company will be able to pay the difference to the Federal Government, recognizing this difference as an intangible asset, or it will be able to reduce the overall volume acquired in the terms of the agreement. If the review determines that the acquired rights result in an amount lower than that initially paid, the Government will reimburse the difference, in currency or marketable securities, in accordance with the budget law.
The knowledge of the reserves and the geological uncertainties remain unchanged since the signing of the onerous assignment agreement. The final value of the cost of the assignment will depend mainly on full knowledge: of the reserves, of the production scenarios and the technologies to be developed, which should occur not later than 2014, the deadline stipulated for the declaration of commerciality.
The drilling plans for the blocks that involve the assignment area are being complied with, in accordance with the established schedule.
72
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
16.3 Devolution of exploration areas to ANP
During fiscal year 2010, the rights to the following exploration blocks were returned to the National Agency of Petroleum, Natural Gas and Biofuels (ANP):
Blocks - Exclusive concession of Petrobras:
São Francisco land basin: SF-T-103 and SF-T-113.
Santos basin: S-M-729, S-M-790, S-M-1226 and S-M-1354
Recôncavo land basin: REC-T-168
Pará-Maranhão basin: PAMA-M-135
Blocks in partnership returned by their respective operators:
Potiguar land basin: POT-T-354, POT-T-605, POT-T-606;
Santos basin: S-M-616, S-M-617, S-M-670 and S-M-728
Espírito Santo basin: ES-T-227 and BT-ES-14
16.4 Devolution to ANP of petroleum and natural gas fields operated by Petrobras
During fiscal year 2010, Petrobras returned to ANP the rights to the Carapó field located on the continental platform of the state of Espírito Santo.
16.5 Concession of services for distribution of piped natural gas
The Company holds a shareholding interest in natural gas distributors, located in Brazil and Argentina, in addition to a concession agreement for exploitation of these services in Brazil.
In Brazil, the concessionaires have concession agreements for a period of 30 or 50 years and they started up their activities in different periods, using gas pipelines built by or purchased from third parties, with natural gas originating from Brazil and Bolivia. These agreements contain clauses that permit their renewal and establish quarterly readjustments of the tariffs practiced in order to reflect changes in the international price of oil, the US dollar (in the case of the companies that use imported natural gas) or price indexes for the consumer.
73
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The concession agreements abroad for transport and distribution of natural gas are for a period of 30 to 35 years. The agreements establish quarterly and half-yearly adjustments, so as to reflect the changes in the production indexes and other factors determined by the regulatory agencies.
The remuneration for providing services in Brazil and abroad consists of a combination of, basically, two components: operating costs and expenses; and remuneration of the capital invested.
In the case of the concessions in Brazil, at the end of the concession period, if it is not renewed, the gas pipeline infrastructure becomes the property of the Granting Authority and there is no more involvement of the distributors in the operating or maintenance requirements and the amount to be reimbursed will be calculated based on the investments made in the last 5 or 10 years of the concession or the residual value of the assets linked to providing the service. In the case of the concession in Argentina, the amount to be reimbursed at the end of the concession is recorded as long-term accounts receivable in the amount of R$ 80.
The amount of the concessions recorded in intangible assets is R$ 972 at December 31, 2010.
16.6 Impairment of assets
Petrobras recorded a provision for loss through impairment of intangible assets - Concession for distribution of gas in the international area, in the amount of R$ 54.
74
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
17 Exploration activities and valuation of oil and gas reserves
Information on reserves
The net proven oil and gas reserves were estimated by the Company, in conformity with the concepts of reserves defined by the Securities and Exchange Commission.
Pursuant to Law 9478 of August 6, 1997, oil and natural gas reserves in Brazil belong to the federal government. Oil and natural gas exploration, development and production activities may be carried out by third parties through concession agreements. Therefore, the expenditures incurred in order to exploit and develop production are presented in Petrobras assets and not the volume of monetized reserves.
The proven oil and gas reserves correspond to the estimated quantities of crude oil and natural, condensed gas that, through the analysis of geo-engineering data, may be estimated with reasonable certainty, and is considered commercial, from a known reserve, under defined economic conditions, known operation methods and in a valid regulatory situation, on a determined date.
75
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements (Consolidated and Parent Company)
(In millions of reais, except otherwise indicated)
The developed proven reserves correspond to the quantities of hydrocarbons that it is expected to recover in the existing projects for exploitation of oil and gas from existing wells through existing equipment and operating methods. Undeveloped proven reserves correspond to the volumes of hydrocarbons that it is expected to recover as a result of future investments in drilling of wells and in additional equipment.
The estimate for reserves includes uncertainties inherent to the business and, accordingly, changes may occur in the measure that our knowledge increases through the acquisition of new information.
In the international proven reserves for 2009 and 2010 the reserves of Bolivia are not being included, in compliance with the requirements of the New Political Constitution of the State (NCPE), which prohibits the annotation and recording of oil and gas reserves by private companies in Bolivia.
The net proven oil and gas reserves estimated by the company are presented in the following table:
Oil (billions of bbl) (*) | Gas (billions\ of m³) (*) | Oil + Gas (billions of boe) (*) | |||||||||||||||
Brazil | International | Total | Brazil | International | Total | Brazil | International | Total | |||||||||
Balance at 12/31/2009 | 9,919 | 0,343 | 10,262 | 261,243 | 31,808 | 293,051 | 11,563 | 0,530 | 12,093 | ||||||||
Change in the reserves | 1,155 | 0,050 | 1,205 | 34,710 | 9,044 | 43,754 | 1,373 | 0,103 | 1,476 | ||||||||
Production | (0,695) | (0,048) | (0,743) | (16,302) | (3,252) | (19,554) | (0,797) | (0,067) | (0,864) | ||||||||
Balance at 12/31/2010 | 10,379 | 0,345 | 10,724 | 279,651 | 37,600 | 317,251 | 12,139 | 0,566 | 12,705 | ||||||||
Reserve of non-consolidated companies | |||||||||||||||||
Balance at 12/31/2009 | 0,040 | 0,040 | 1,787 | 1,787 | 0,051 | 0,051 | |||||||||||
Balance at 12/31/2010 | 0,033 | 0,033 | 1,691 | 1691 | 0,043 | 0,043 | |||||||||||
Proven and developed reserves | |||||||||||||||||
At 12/31/2009 | 6,121 | 0,202 | 6,323 | 142,627 | 15,709 | 158,336 | 7,019 | 0,295 | 7,314 | ||||||||
At 12/31/010 | 6,931 | 0,183 | 7,114 | 184,822 | 15,855 | 200,677 | 8,094 | 0,276 | 8,370 | ||||||||
(*) Unaudited. |
76
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
a) Exploration costs
Consolidated | Parent company | ||||||
2010 | 2009 | 2010 | 2009 | ||||
Expenses with geology and geophysics | 1,299 | 1,847 | 1,113 | 1,363 | |||
Wells without economic viability (dry wells) | 2,081 | 2,154 | 1,455 | 1,815 | |||
Other exploration expenses | 424 | 130 | 40 | 16 | |||
Total expenses | 3,804 | 4,131 | 2,608 | 3,194 |
b) Cash used
Consolidated | Parent company | ||||||
2010 | 2009 | 2010 | 2009 | ||||
Operating activities | 1,395 | 1,698 | 1,113 | 1,363 | |||
Investment activities | 15,600 | 6,751 | 14,297 | 5,446 | |||
Total cash used | 16,995 | 8,449 | 15,410 | 6,809 |
c) Capitalized balances
Consolidated | Parent company | ||||||
31.12.2010 | 31.12.2009 | 30.12.2010 | 31.12.2009 | ||||
Intangible assets | 78,400 | 2,278 | 76,221 | 1,361 | |||
Property, plant and equipment | 15,729 | 10,633 | 9,309 | 6,602 | |||
Total assets | 94,129 | 12,911 | 85,530 | 7,963 |
77
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
18 Financing
Consolidated | Parent company | ||||||||||||||||||||||
Current | Non-current | Current | Non-current | ||||||||||||||||||||
12.31.2010 | 12.31.2009 | 01.01.2009 | 12.31.2010 | 12.31.2009 | 01.01.2009 | 12.31.2010 | 12.31.2009 | 01.01.2009 | 12.31.2010 | 12.31.2009 | 01.01.2009 | ||||||||||||
Abroad | |||||||||||||||||||||||
Financial institutions | 10,798 | 9,314 | 8,216 | 29,460 | 18,820 | 17,144 | 201 | 255 | 423 | 11,973 | 5,856 | 1,187 | |||||||||||
Bearer bonds - Notes, Global Notes and Bonds | 1,242 | 1,275 | 740 | 19,617 | 21,009 | 12,990 | 747 | ||||||||||||||||
Trust Certificates - Senior/Junior | 116 | 120 | 160 | 318 | 451 | 762 | |||||||||||||||||
Others | 26 | 3 | 619 | 167 | 174 | 623 | |||||||||||||||||
Subtotal | 12,182 | 10,712 | 9,735 | 49,562 | 40,454 | 31,519 | 948 | 255 | 423 | 11,973 | 5,856 | 1,187 | |||||||||||
In Brazil | |||||||||||||||||||||||
Export Credit Notes | 110 | 1,100 | 579 | 10,489 | 6,177 | 3,367 | 110 | 1,100 | 579 | 10,495 | 6,177 | 3,367 | |||||||||||
National Bank for Economic and Social | |||||||||||||||||||||||
Development - BNDES | 2,103 | 1,520 | 1,138 | 32,753 | 32,065 | 7,642 | 182 | 191 | 8,254 | 8,632 | |||||||||||||
Debentures | 319 | 1,654 | 329 | 2,448 | 2,359 | 3,741 | 141 | 1,493 | 176 | 1,715 | 1,632 | 3,056 | |||||||||||
FINAME - Earmarked for construction of Bolivia-Brazil | |||||||||||||||||||||||
gas pipeline | 72 | 81 | 99 | 532 | 104 | 245 | 71 | 77 | 96 | 387 | 101 | 241 | |||||||||||
Bank Credit Certificate | 53 | 7 | 12 | 3,606 | 3,771 | 3,606 | 54 | 7 | 12 | 3,606 | 3,606 | 3,606 | |||||||||||
Advance on exchange contracts (ACC) | 4 | 1,615 | 1,179 | ||||||||||||||||||||
Others | 653 | 88 | 133 | 2,661 | 1,615 | 1,042 | 41 | ||||||||||||||||
Subtotal | 3,310 | 4,454 | 3,905 | 52,489 | 46,091 | 19,643 | 558 | 2,868 | 2,083 | 24,457 | 20,148 | 10,270 | |||||||||||
15,492 | 15,166 | 13,640 | 102,051 | 86,545 | 51,162 | 1,506 | 3,123 | 2,506 | 36,430 | 26,004 | 11,457 | ||||||||||||
Interest on financing | 1,558 | 1,419 | 823 | 592 | 671 | 229 | |||||||||||||||||
Current portion of the financing in | |||||||||||||||||||||||
non-current liabilities (Principal) | 5,109 | 6,163 | 8,907 | 1,108 | |||||||||||||||||||
Short-term financing | 8,825 | 7,584 | 3,910 | 914 | 2,452 | 1,169 | |||||||||||||||||
Total financing | 15,492 | 15,166 | 13,640 | 1,506 | 3,123 | 2,506 |
78
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
18.1 Maturities of the principal and interest of the financing in non-current liabilities
12.31.2010 | |||
Consolidated | Parent company | ||
2012 | 6,922 | 1,912 | |
2013 | 4,715 | 408 | |
2014 | 6,304 | 1,708 | |
2015 | 8,962 | 2,401 | |
2016 onwards | 75,148 | 30,001 | |
Total | 102,051 | 36,430 |
18.2 Interest rates for the financing in non-current liabilities
Consolidated | Parent company | ||||||||||
12.31.2010 | 12.31.2009 | 01.01.2009 | 12.31.2010 | 12.31.2009 | 01.01.2009 | ||||||
Abroad | |||||||||||
Up to 6% | 36,321 | 24,949 | 21,976 | 11,912 | 5,758 | 924 | |||||
From 6 to 8% | 11,173 | 12,965 | 5,728 | 61 | 98 | 263 | |||||
From 8 to 10% | 1,365 | 2,208 | 3,207 | ||||||||
From 10 to 12% | 61 | 79 | 246 | ||||||||
More than 12% | 642 | 253 | 362 | ||||||||
49,562 | 40,454 | 31,519 | 11,973 | 5,856 | 1,187 | ||||||
In Brazil | |||||||||||
Up to 6% | 4,480 | 2,846 | 2,758 | 387 | 102 | 240 | |||||
From 6 to 8% | 30,097 | 25,921 | 872 | 8,254 | 8,632 | ||||||
From 8 to 10% | 990 | 8,570 | 5,789 | 234 | 2,899 | 368 | |||||
From 10 to 12% | 16,922 | 8,754 | 10,224 | 15,582 | 8,515 | 9,662 | |||||
52,489 | 46,091 | 19,643 | 24,457 | 20,148 | 10,270 | ||||||
102,051 | 86,545 | 51,162 | 36,430 | 26,004 | 11,457 |
18.3 Balances per currencies in non-current liabilities
Consolidated | Parent company | ||||||||||
12.31.2010 | 12.31.2009 | 01.01.2009 | 12.31.2010 | 12.31.2009 | 01.01.2009 | ||||||
US dollar | 46,870 | 39,417 | 30,906 | 11,852 | 5,671 | 1,044 | |||||
Yen | 2,734 | 2,189 | 3,211 | 122 | 185 | 382 | |||||
Euro | 214 | 81 | 109 | 1 | |||||||
Real (*) | 51,911 | 44,374 | 16,551 | 24,456 | 20,148 | 10,030 | |||||
Others | 322 | 484 | 385 | ||||||||
102,051 | 86,545 | 51,162 | 36,430 | 26,004 | 11,457 | ||||||
* At December 31, 2010, it includes R$ 23,906 in financing in local currency parameterized to the variation of the dollar; | |||||||||||
and also financing abroad in reais parameterized to the variation of the general market price index (IGPM). |
79
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The hedges contracted for coverage of notes issued abroad in foreign currencies and the fair value of the long-term loans are disclosed in notes 32 and 34, respectively.
18.4 Average weighted rate for capitalization of interest
The weighted average rate of the financial charges on the debt, used for capitalization of interest on the balance of work in progress, was 4.0% p.a. in 2010 (2.8% p.a. in 2009).
18.5 Raising of capital
The main long-term raising of capital carried out in 2010 is presented as follows:
a) Abroad
Amount | ||||||||
Company | Date | (US$) | Maturity | Description | ||||
Petrobras | Feb-10 | 2,000 | 2019 | Financing obtained from the China Development Bank (CDB) - Libor plus spread of 2.8% p.a. | ||||
Petrobras | Mar-10 | 2,000 | 2019 | Financing obtained from the China Development Bank (CDB) - Libor plus spread of 2.8% p.a. | ||||
PNBV | Apr-10 | 1,000 | 2015 | Line of credit with Credit Agricole and Investment Bank - Libor+ 1.625% p.a. | ||||
PNBV | Jul-10 | 1,000 | 2017 | Loan note from Santander Chartered Bank - Libor plus 1.79% p.a. | ||||
PNBV | Aug-10 | 1,000 | 2015 | Loan from Citibank - Libor plus 1.61% p.a. | ||||
PNBV | Nov-10 | 500 | 2016 | Loan from Société Générale - Libor plus 1.62% p.a. | ||||
PNBV | Nov-10 | 314 | 2021 | Loan from CITIBANK and EKSPORTFINANS - Libor plus 0.725% p.a. | ||||
7,814 |
80
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements (Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
b) In Brazil | |||||||||
Company | Date | Amount | Maturity | Description | |||||
REFAP | fev/10 e mar/10 | 600 | 2015 | Financing obtained from Banco do Brasil S/A through the issuing of Export Credit Notes at a rate of 109.4% and 109.5% of the average CDI | |||||
Petrobras | Jun-10 | 2,200 | 2016 | Financing obtained from Banco do Brasil S/A through the issuing of Export Credit Notes at a rate of 110.5% of the average CDI + flat fee of 0.85% | |||||
Petrobras | Jun-10 | 2,000 | 2017 | Financing obtained from Caixa Econômica Federal through the issuing of Export Credit Notes at a rate of 112.9% of the average CDI. | |||||
Petrobras | Nov-10 | 3,950 | 2016 | Financing obtained from Banco do Brasil S/A through the issuing of Export Credit Notes at a rate of 109% of the average CDI + flat fee of 1.25% | |||||
8,750 |
18.6 Other information
The loans and financing are intended mainly for the development of oil and gas production projects, the building of ships and pipelines, and the expansion of industrial units.
18.6.1 Financing with official credit agencies
a) Abroad
Amount in US$ thousands | |||||
Company | Agency | Contracted | Used | Balance | Description |
Petrobras | China Development Bank | 10,000 | 7,000 | 3,000 | Libor + 2,8%a.a |
81
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements (Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
b) In Brazil
Company | Agency | Contracted | Used | Balance | Description |
Transpetro (*) | BNDES | 9,005 | 543 | 8,462 | Modernization and Expansion Program for the Fleet (PROMEF) - TJLP + 2.5% p.a. for Brazilian and 3% p.a. for imported products |
Petrobras | Banco do Brasil | 500 | 353 | 147 | Commercial Credit Certificate (FINAME) - 4.5% p.a. |
Petrobras | Caixa Econômica Federal | 300 | 0 | 300 | Bank Credit Certificate Revolving Credit 110% of average CDI |
Transportadora Urucu Manaus TUM (**) | BNDES | 3,183 | 3,159 | 24 | Coari-Manaus gas pipeline - TJLP + 1.76% /1.96% p.a. |
Transportadora GASENE | BNDES | 2,215 | 2,215 | 0 | Cacimbas-Catu gas pipeline (GASCAC) - TJLP+1.96% p.a. |
Transportadora GASENE | BNDES | 949 | 949 | 0 | Cabiúnas-Vitória gas pipeline (GASCAV) - TJLP + 1.96% p.a. |
(*) Agreements were entered into for purchase and sale of 41 ships and 20 convoy vessels with 6 Brazilian shipyards in the amount of R$ 10,005, where 90% is financed by BNDES. | |||||
(**) On August 18, 2010 SPE Transportadora Urucu Manaus (TUM) was taken over by Company. |
18.6.2 Debentures
The debentures issued by Petrobras financed, through BNDES, the acquisition in advance of the right to use the Bolivia-Brazil gas pipeline over a period of 40 years to transport 6 million cubic meters of gas per day (TCO - Transportation Capacity Option) and totaled R$ 430 (43,000 debentures) with maturity on February 15, 2015. These debentures are secured by common shares of TBG.
82
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
In 2006, Refap issued 852,600 simple, registered, book-entry debentures in the amount of R$ 853 with the aim of expanding and modernizing its industrial park, with the following characteristics (basic conditions approved by BNDES and BNDESPAR on June 23, 2006): amortization over 96 months plus a six-month grace period; 90% of the debentures subscribed by BNDES at the long-term interest rate (TJLP) + 3.8% p.a.; and 10% of the debentures subscribed by BNDESPAR with BNDES basket of currencies interest + 2.3% p.a. In May 2008 Refap issued another 507,989 debentures with similar characteristics in the amount of R$ 508.
18.6.3 Guarantees
Petrobras is not required to provide guarantees to financial institutions abroad. Financing obtained from BNDES is secured by the assets being financed (carbon steel pipes for the Bolivia-Brazil gas pipeline and vessels).
On account of a guarantee agreement issued by the Federal Government in favor of multilateral loan agencies, motivated by financings funded by TBG, counter guarantee agreements were entered into, having as signatories the Federal Government, TBG, Petrobras, Petroquisa and Banco do Brasil S.A., where TBG undertakes to entail its revenues to the order of the Brazilian treasury until the settlement of the obligations guaranteed by the Federal Government.
Refap has a financial investment account indexed to the variation of the Interbank Deposit Certificate (CDI) as a guarantee for the debentures, the balance of which should be three times the value of the sum of the last payment of amortization of the principal and accessories.
Petrobras develops structured projects through specific purpose entities (SPE) for the purpose of providing funds for the continuous development of its transport and oil and gas production infrastructure projects, in addition to improvements in the refineries, where the guarantees given to the Brazilian and international financial agents are the assets, themselves, of the projects, as well as lien of credit rights and shares of the SPEs.
18.6.4 Indebtedness of CIESA
In order to clear the financial encumbrances of Compañia de Inversiones de Energia S.A. (CIESA) (a jointly controlled company), PESA transferred its 7.35% interest in the capital of Transportadora de Gás Del Sur S.A. (TGS) (a subsidiary of CIESA) to Enron Pipeline Company Argentina S.A. (ENRON) and, simultaneously, ENRON transferred 40% of its interest in the capital of CIESA to a trustee, the addressee of which would be indicated by CIESA, according to the terms of the financial restructuring to be agreed upon with its creditors.
83
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
In a second stage of the process, the agreement for restructuring the financial debt entered into in September 2005 between CIESA, PESA, Petrobras Hispano Argentina S.A. (a subsidiary of PESA), ENRON, ABN AMRO Bank N.V. (Argentine branch), and the financial creditors, considered the capitalization of the debt for a face value of approximately US$ 201 million, as well as the interest incurred to be added.
The agreement for restructuring of the debt is subject to the governmental approval of Ente Nacional Regulador Del Gas (ENARGAS) and Comisión Nacional de Defensa de la Competencia.
While it was awaiting the governmental approvals, in January 2009 Ashmore Energy International Limited (AEI) declared it was the sole owner of CIESA's negotiable obligations, and also claimed the termination of the restructuring agreement of the debt, which was contested immediately by CIESA through litigation in the Courts of the State of New York in the United States of America.
Accordingly, since 2009 and during 2010, appeals were presented by both parties, however, up till the present date the New York court has not yet handed down a final decision on the matter.
19 Leasing
19.1 Receipts / minimum payments of financial leasing with transfer of benefits, risks and control
12.31.2010 | |||||
Consolidated | Parent company | ||||
Minimum | Minimum | Minimum | |||
receipts | payments | payments | |||
2011 | 327 | 186 | 2,892 | ||
2012 - 2015 | 1,258 | 166 | 13,757 | ||
2016 onwards | 4,203 | 107 | 8,641 | ||
Estimated payments/receipts from commitments | 5,788 | 459 | 25,290 | ||
Less amount of annual interest | (2,830) | (87) | (7,165) | ||
Present value of the minimum payments/receipts | 2,958 | 372 | 18,125 | ||
Current | 131 | 176 | 3,149 | ||
Non-current | 2,827 | 196 | 14,976 |
84
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
19.2 Minimum payments of operating leases without transfer of benefits, risks and control
12.31.2010 | |||
Consolidated | Parent company | ||
2011 | 17,736 | 18,948 | |
2012 - 2015 | 44,732 | 63,311 | |
2016 onwards | 17,640 | 55,420 | |
Total | 80,108 | 137,679 |
In 2010 the Company paid the amount of R$ 9,903 (R$ 14,727 in the Parent company) recognized as an expense in the year.
20 Provisions for dismantling of areas (non-current)
Consolidated | Parent company | ||
Balance at January 1, 2009 | 5,417 | 4,811 | |
Addition | 1,085 | 1,085 | |
Reversal | (1,698) | (1,823) | |
Use | (188) | - | |
Updating of interest | 356 | 346 | |
Accumulated translation adjustment | (181) | - | |
Balance at December 31, 2009 | 4,791 | 4,419 | |
Addition | 2,288 | 2,087 | |
Reversal | (493) | (493) | |
Use | (485) | (158) | |
Transfers | 194 | - | |
Updating of interest | 229 | 217 | |
Accumulated translation adjustment | (19) | - | |
Balance at December 30, 2010 | 6,505 | 6,072 |
85
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
21 Taxes, contributions and profit-sharing
21.1 Recoverable taxes
Current assets | Consolidated | Parent company | ||||||||||
12.31.2010 | 12.31.2009 | 01.01.2009 | 12.31.2010 | 12.31.2009 | 01.01.2009 | |||||||
In Brazil: | ||||||||||||
ICMS | 2,650 | 2,386 | 2,527 | 1,662 | 1,671 | 1,917 | ||||||
PASEP/COFINS | 3,458 | 1,563 | 1,323 | 3,021 | 1,153 | 883 | ||||||
CIDE | 75 | 52 | 223 | 66 | 32 | 34 | ||||||
Income tax | 1,479 | 1,702 | 2,006 | 748 | 781 | 1,460 | ||||||
Social contribution | 359 | 445 | 801 | 189 | 181 | 664 | ||||||
Other taxes | 390 | 476 | 409 | 225 | 231 | 225 | ||||||
8,411 | 6,624 | 7,289 | 5,911 | 4,049 | 5,183 | |||||||
Abroad: | ||||||||||||
Added value tax - VAT | 95 | 101 | 313 | |||||||||
Other taxes | 429 | 298 | 269 | |||||||||
524 | 399 | 582 | ||||||||||
8,935 | 7,023 | 7,871 | 5,911 | 4,049 | 5,183 |
21.2 Taxes, contributions and profit-sharing payable
Current liabilities | Consolidated | Parent company | ||||||||||
12.31.2010 | 12.31.2009 | 01.01.2009 | 12.31.2010 | 12.31.2009 | 01.01.2009 | |||||||
ICMS | 1,968 | 1,676 | 1,741 | 1,622 | 1,352 | 1,403 | ||||||
PASEP/COFINS | 1,125 | 1,083 | 1,064 | 848 | 846 | 902 | ||||||
CIDE | 751 | 651 | 447 | 684 | 583 | 411 | ||||||
Special interest /Royalties | 3,618 | 4,656 | 2,528 | 3,583 | 4,596 | 2,492 | ||||||
Income tax and social contribution withheld at | ||||||||||||
source | 685 | 549 | 1,222 | 640 | 513 | 872 | ||||||
Current income tax and social contribution | 1,001 | 1,055 | 794 | |||||||||
Other taxes | 1,102 | 920 | 759 | 460 | 378 | 388 | ||||||
10,250 | 10,590 | 8,555 | 7,837 | 8,268 | 6,468 |
21.3 Deferred income tax and social contribution - non-current
Consolidated | Parent company | |||||||||||
12.31.2010 | 12.31.2009 | 01.01.2009 | 12.31.2010 | 12.31.2009 | 01.01.2009 | |||||||
Non-current | ||||||||||||
Assets | ||||||||||||
Deferred income tax and social contribution | 6,471 | 6,676 | 5,742 | 2,951 | 3,310 | 1,908 | ||||||
Deferred ICMS | 2,421 | 2,527 | 1,998 | 2,005 | 1,899 | 1,538 | ||||||
Deferred PASEP and COFINS | 8,063 | 6,917 | 4,842 | 6,834 | 6,431 | 4,599 | ||||||
Others | 256 | 111 | 428 | |||||||||
17,211 | 16,231 | 13,010 | 11,790 | 11,640 | 8,045 | |||||||
Liabilities | ||||||||||||
Deferred income tax and social contribution | 26,118 | 20,406 | 17,577 | 21,808 | 16,855 | 14,892 | ||||||
Others | 43 | 52 | 65 | |||||||||
26,161 | 20,458 | 17,642 | 21,808 | 16,855 | 14,892 |
86
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
21.4 Deferred income tax and social contribution
The grounds and expectations for realization are presented as follows:
a) Deferred income tax and social contribution assets
2010 | ||||||
Nature | Consolidated | Parent company | Grounds for realization | |||
Unearned income between companies of the system | 1,230 | Effective realization of income | ||||
Tax losses | 1,144 | With future taxable income | ||||
Remuneration of shareholders - Interest on shareholders' capital | 781 | 754 | By individualized credit to shareholders | |||
Provisions for contingencies and doubtful accounts | 679 | 477 | Consummation of the loss and filing of suits and credits overdue | |||
Provision for profit sharing | 562 | 486 | Through payment | |||
Provision for dismantling of areas | 502 | 502 | Realization of the expenditures | |||
Provision for loss from impairment | 327 | 327 | Write-offs of assets | |||
Pension plan | 257 | 225 | Payment of the contributions by the sponsor. | |||
Absorption of conditional financing | 96 | Expiration of the financing agreements | ||||
Temporary difference between accounting and tax depreciation criteria | 87 | 110 | Realization over the term of straight-line depreciation | |||
Temporary difference between payments of contractual commitments with transfer of benefits, risks and control of assets and depreciation | 83 | Realization of the assets | ||||
Foreign exchange variation | 15 | Settlement of the contracts | ||||
Provision for investment in research and development | (4) | (4) | Disposal of assets | |||
Others | 712 | 74 | ||||
Total | 6,471 | 2,951 |
87
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
b) Deferred income tax and social contribution liabilities
2010 | ||||||
Nature | Consolidated | Parent company | Grounds for realization | |||
Costs with exploration and drilling for oil | 17,984 | 17,984 | Depreciation based on the unit of production method in relation to proven/developed reserves of oil fields | |||
Capitalized interest | 1,937 | 1,937 | Depreciation over the useful life of the asset or disposal | |||
Foreign exchange variation | 1,882 | 453 | Settlement of the contracts | |||
Temporary difference between accounting and tax depreciation criteria | 1,475 | 48 | Depreciation over the useful life of the asset or disposal | |||
Temporary difference of contractual commitments with transfer of benefits, risks and control of assets and depreciation | 1,027 | 910 | Settlement of the liabilities | |||
Income tax and social contribution - foreign operations | 114 | 47 | Occurrence of generating facts for making income available. | |||
Investments in subsidiaries and affiliated companies | 127 | Occurrence of generating facts for making income available. | ||||
Others | 1,572 | 429 | ||||
Total | 26,118 | 21,808 |
88
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
c) Realization of deferred income tax and social contribution
In the Parent company, the realization of tax credits from deferred assets in the amount of R$ 2,951 does not depend on future income because they will be absorbed annually by the realization of the deferred tax liability. In the consolidated statements, for the portion that exceeds the Parent Company’s balance, when applicable, the managements of the subsidiaries expect to offset these credits based on projections they have made.
Expectations of realization | ||||||||
Consolidated | Parent company | |||||||
Income tax and CSLL deferred assets | Income tax and CSLL deferred liabilities | Income tax and CSLL deferred assets | Income tax and CSLL deferred liabilities | |||||
2011 | 2,197 | 2,969 | 1,787 | 2,698 | ||||
2012 | 566 | 3,395 | 22 | 2,254 | ||||
2013 | 297 | 2,658 | 3 | 2,244 | ||||
2014 | 332 | 2,759 | 5 | 2,324 | ||||
2015 | 947 | 2,783 | 664 | 2,413 | ||||
2016 | 403 | 2,838 | 15 | 2,422 | ||||
2017 onwards | 1,729 | 8,716 | 455 | 7,453 | ||||
Portion recorded in the accounting | 6,471 | 26,118 | 2,951 | 21,808 | ||||
Portion not recorded in the accounting | 1,804 | |||||||
Total | 8,275 | 26,118 | 2,951 | 21,808 |
The subsidiary Petrobras America Inc. (PAI) has unrecorded tax credits amounting to R$ 1,158 (US$ 695 million) resulting from accumulated tax losses, originating mainly from oil and gas exploration and production activities. In accordance with specific legislation in the United States, where PAI has its headquarters, tax credits expire after 20 years as from the date of their formation.
Some subsidiaries abroad have accumulated tax losses in the exploration stage. These credits will be recognized according to the tax legislation of each country, if the venture is successful, through the generation of future taxable income.
89
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
d) Changes in the deferred income taxes and social contribution
Consolidated | ||||||||||||
Balance at January 1, 2009 | Recognized in the results for the year | Recognized in shareholders equity (Comprehensive Results) | Accumulated translation adjustment | Other | Balance at December 31, 2009 | |||||||
Deferred taxes | ||||||||||||
Property, plant and equipment | (11,388) | (3,242) | 189 | 566 | (13,875) | |||||||
Accounts receivable/payable, loans and financing | (3,020) | 2,252 | 2 | (50) | (816) | |||||||
Financial leases | (289) | (1,245) | 122 | (1,412) | ||||||||
Provision for legal proceedings | (1,088) | (228) | 338 | 88 | (890) | |||||||
Tax losses | 1,736 | 343 | (457) | (3) | 1,619 | |||||||
Inventories | 500 | 115 | (2) | 613 | ||||||||
Interest on shareholders equity | 358 | 358 | ||||||||||
Others | 1,714 | (112) | (137) | 4 | (796) | 673 | ||||||
Total deferred taxes - net | (11,835) | (1,759) | (137) | 74 | (73) | (13,730) | ||||||
Deferred tax assets | 5,742 | 6,676 | ||||||||||
Deferred tax liabilities | (17,577) | (20,406) |
Consolidated | ||||||||||||
Balance at December 31, 2009 | Recognized in the results for the year | Recognized in shareholders equity (Comprehensive Results) | Accumulated translation adjustment | Other | Balance at December 31, 2010 | |||||||
Deferred taxes | ||||||||||||
Property, plant and equipment | (14,011) | (5,071) | 52 | 33 | (18,997) | |||||||
Accounts receivable/payable, loans and financing | (450) | (1,480) | 1 | 72 | (1,857) | |||||||
Financial leases | (1,369) | 246 | (17) | (1,140) | ||||||||
Provision for legal proceedings | (970) | (32) | 55 | 88 | (859) | |||||||
Tax losses | 1,234 | 304 | (55) | (5) | 1,478 | |||||||
Inventories | 995 | (154) | 841 | |||||||||
Interest on shareholders equity | 358 | 396 | 754 | |||||||||
Others | 483 | (3) | (103) | (14) | (230) | 133 | ||||||
Total deferred taxes - net | (13,730) | (5,794) | (103) | 39 | (59) | (19,647) | ||||||
Deferred tax assets | 6,676 | 6,471 | ||||||||||
Deferred tax liabilities | (20,406) | (26,118) |
90
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
21.5 Reconciliation of income tax and social contribution on income
The reconciliation of the taxes calculated in accordance with statutory rates and the amount of the taxes recorded in the third quarter of 2010 and 2009 are presented as follows:
a) Consolidated
R$ thousand | ||||
2010 | 2009 | |||
Income for the year before taxes and after employee profit sharing | 48,137 | 44,275 | ||
Income tax and social contribution at statutory rates (34%) | (16,367) | (15,054) | ||
Adjustments for calculation of the effective rate: | ||||
Credit resulting from inclusion of interest on shareholders' capital as operating | 3,455 | 2,446 | ||
Results of companies abroad with different rates | 601 | 1,241 | ||
Tax incentives | 162 | 160 | ||
Tax losses | 33 | (146) | ||
Permanent additions, net | (385) | (201) | ||
Tax credits of companies abroad in the exploration stage | (31) | (152) | ||
Others | 296 | 775 | ||
Expense for provision for income tax and social contribution | (12,236) | (10,931) | ||
Deferred income tax/social contribution | (5,794) | (1,759) | ||
Current income tax/social contribution | (6,442) | (9,172) | ||
(12,236) | (10,931) | |||
Effective rate for income tax and social contribution | 25,4% | 24,7% |
91
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
b) Parent company
R$ thousand | ||||
2010 | 2009 | |||
Income for the year before taxes and after employee profit sharing | 43,799 | 36,253 | ||
Income tax and social contribution at statutory rates (34%) | (14,892) | (12,326) | ||
Adjustments for calculation of the effective rate: | ||||
Credit resulting from inclusion of interest on shareholders' capital as operating expenses | 3,455 | 2,446 | ||
Permanent additions, net (*) | 2,153 | 2,829 | ||
Tax incentives | 131 | 144 | ||
Others items | 390 | 613 | ||
Expense for provision for income tax and social contribution | (8,763) | (6,294) | ||
Deferred income tax/social contribution | (5,149) | (424) | ||
Current income tax/social contribution | (3,614) | (5,870) | ||
(8,763) | (6,294) | |||
Effective rate of income tax and social contribution | 20,0% | 17,4% |
(*) It includes equity accounting.
92
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
22 Employee benefits
The balances related to benefits granted to employees are presented as follows:
Consolidated | Parent company | |||||||||||
12.31.2010 | 12.31.2009 | 01.01.2009 | 12.31.2010 | 12.31.2009 | 01.01.2009 | |||||||
Liabilities | ||||||||||||
Pension plans | 4,795 | 4,598 | 4,519 | 4,377 | 4,204 | 4,106 | ||||||
Healthcare plan | 11,786 | 10,774 | 9,833 | 10,994 | 10,066 | 9,195 | ||||||
16,581 | 15,372 | 14,352 | 15,371 | 14,270 | 13,301 | |||||||
Current | 1,303 | 1,208 | 1,152 | 1,209 | 1,123 | 1,072 | ||||||
Non-current | 15,278 | 14,164 | 13,200 | 14,162 | 13,147 | 12,229 |
22.1 Pension plans in Brazil - Defined benefit and variable contribution
a) Petros Plan - Fundação Petrobras de Seguridade Social
Fundação Petrobras de Seguridade Social (Petros) is a defined benefit plan set up by Petrobras in July 1970 to ensure that members of the plan receive a supplement to the benefits provided by the Social Security system. In addition to Petrobras, the Petros Plan is sponsored by BR Distribuidora, Petroquisa and Refap, and is closed to employees hired as from September 2002.
The evaluation of the Petros funding plan is made by independent actuaries on a capitalization basis for the majority of the benefits. The sponsors make regular contributions in amounts equal to the contributions of the members (employees) and assisted persons (retirees and pensioners), i.e. on a parity basis.
On the verification of an eventual deficit in the defined benefit plan, this must be resolved by members, beneficiaries and sponsors, pursuant to Constitutional Amendment 20/1998 and Complementary Law 109/2001, observing the proportion with respect to the normal contributions made in the year in which that result was verified.
On October 23, 2008, Petrobras and the subsidiaries that sponsored the Petros Plan and Petros signed Financial Commitment Agreements as a result of the ratification of a legal transaction related to the pension plan, as established in the Reciprocal Obligations Agreement entered into between the sponsors and the union entities. The Financial Commitment Agreements have a term of 20 years with payment of half-yearly interest of 6% p.a. on the updated balance payable. At December 31, 2010, the balances of the Financial Commitment Agreements totaled R$ 4,789 (R$ 4,519 in the Parent company), of which R$ 291 (R$ 274 in the Parent company) matures in 2011.
93
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The obligation assumed by the Company, through the financial commitment agreements, represents a balancing item to the concessions made by the members/beneficiaries of the Petros Plan to the renegotiation for a change in the plans regulations, in relation to the benefits, and the closing of existing litigations.
Fundação Petros allowed the active members to re-negotiate the changes in the regulations of the Petros Plan for joining the Optional Proportional Benefit, which consists of a retirement pension in an amount equivalent to the accumulated right and, furthermore, to enroll in the Petros Plan 2. This process was closed on November 30, 2010, with approximately 4,600 members joining the Optional Proportional Benefit and the Petros Plan 2, generating a decrease in the actuarial losses of R$ 214 (R$ 191 in the Parent Company), resulting from the removal of the assumption of an increase in salary for these members.
At December 31, 2010, Petrobras and its subsidiaries held long-term National Treasury Notes in the amount of R$ 4,897 (R$ 4,655 in the Parent company), which will be held in the Companys portfolio as a guarantee for the financial commitment agreements.
The contributions expected from the sponsorships for 2011 are R$ 556 (R$ 521 in the Parent company).
b) Petros Plan 2 - Fundação Petrobras de Seguridade Social
Petros Plan 2, a variable contribution plan, was implemented by the sponsors Petrobras, BR Distribuidora, Petroquisa and Refap as from July 1, 2007. Afterwards, the companies Ipiranga Asfaltos S.A. (IASA), FAFEN Energia S.A., Termorio, UTE Juiz de Fora, Termobahia, Termomacaé and Termoceará joined the plan.
The sponsors that implemented the planned assumed the past service of the contributions corresponding to the period in which the members had no plan, as from August 2002, or from subsequent admission, until August 29, 2007. The disbursements for past service are made monthly over the same number of months in which the member had no plan and, therefore, should cover the part related to the members and sponsors. The plan will remain open for inscriptions after this date, but there will no longer be payment for past service.
The portion of this plan with defined benefit characteristics refers to risk coverage for disability and death, a guarantee of a minimum benefit and a lifetime income, and the related actuarial commitments are recorded according to the projected credit unit method. The portion of the plan with defined contribution characteristics, earmarked for forming a reserve for programmed retirement, was recognized in the results for the year as the contributions are made. At December 31, 2010, the sponsors contribution to the defined
94
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) | ||||||||
contribution portion of this plan was R$407 (R$371 in the Parent company). |
95
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The actuarial evaluation in 2009 of Fundação Petros, to attend the rules for Supplementary Pensions, showed evidence of a lower level of loss from risk events in the year, and it also observed that the balance of the collective risk fund presented an amount sufficient to cover the estimated benefits for 2010. Accordingly, the Foundation followed the actuarys suggestion that the risk contributions were redirected to the members account in the plan during the first semester of 2010.
The contributions expected from the sponsorships for 2011 are R$ 66 (R$ 63 in the Parent company).
22.2 Pension plans abroad - Defined benefit
The main defined benefit plans offered by the subsidiaries of Petrobras Internacional Braspetro B.V. (PIB BV), are as follows:
22.2.1 Petrobras Argentina S.A. (PESA)
a) Termination Indemnity Plan
A benefit plan for employees who meet certain conditions and who are eligible, on retirement, to receive one month's salary for each year of service, according to a decreasing scale, according to the number of years the plan has existed.
b) Compensator Fund Plan
A benefits plan supplementing the retirement system for employees that joined the company before May 31, 1995 and accumulate the required time of service.
22.2.2 Nansei Sekiyu K.K. Refinery
A programmed supplementary retirement benefits plan, where the employee needs to be 50 years old and have 20 years service in order to be eligible. Contributions are made only by the sponsor.
22.3 Assets of the Pension Plans
The Companys investment strategy for assets of the benefit plans is a reflection of a long-term view of a careful assessment of the risks inherent to the various classes of assets, as well as the use of diversification as a risk reduction mechanism for the portfolio. The plans assets portfolio must obey the policies defined by the Central Bank of Brazil. Fixed income funds hold the major concentration of investments, distributed mainly in government and corporate bonds. The goal for the distribution of assets for the period between 2011 and 2015 in accordance with this policy is: 25% to 70% in fixed income, 15 to 50% in variable income, from 1.5% to 8% in real estate properties, 0% to 15% in financing the members of the plans and from 2.5% to 15% in other
96
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
investments.
97
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The assets of the pension plans, separated by valuation level, are as follows:
2010 | 2009 | |||||||||||||
Category of the Asset | Prices quoted on an active market (Level 1) |
Valuation supported by observable prices (Level 2) |
Valuation without use of observable prices (Level 3) |
Total fair value (Levels 1, 2 and 3) |
% | Total fair value (Levels 1, 2 and 3) |
% | |||||||
Fixed income | 15,800 | 8,877 | 24,677 | 54% | 23,755 | 60% | ||||||||
Corporate bonds | 8,755 | 8,755 | 7,658 | |||||||||||
Government bonds | 15,800 | 15,800 | 16,091 | |||||||||||
Other investments | 122 | 122 | 6 | |||||||||||
Variable income | 10,456 | 2,195 | 5,623 | 18,274 | 40% | 13,935 | 35% | |||||||
Shares on demand | 10,456 | 10,456 | 8,343 | |||||||||||
Private Equity funds | 2,158 | 5,622 | 7,780 | 5,520 | ||||||||||
Other investments | 37 | 1 | 38 | 72 | ||||||||||
Real estate | 1,462 | 1,462 | 4% | 880 | 2% | |||||||||
26,256 | 11,072 | 7,085 | 44,413 | 98% | 38,570 | 97% | ||||||||
Loans granted | 1,131 | 2% | 1,113 | 3% | ||||||||||
45,544 | 100% | 39,683 | 100% |
At December 31, 2010, the investments include common and preferred shares of Petrobras in the amount of R$ 1,736 and R$ 1,317, respectively, and real estate properties rented by the company in the amount of R$ 253.
The loan assets granted to members are stated at amortized cost, which closely approximates market value.
The changes in the fair value of assets valued using the discounted cash flow, classified as Level 3, are as follows:
Changes in Level 3 | ||||||||
Private Equity funds | Real estate | Other investments | Total | |||||
At December 31, 2009 | 4,184 | 880 | 17 | 5,080 | ||||
Profitability of the assets | 1,425 | 240 | 1,665 | |||||
Purchases and sales, net | 13 | 342 | (16) | 339 | ||||
At December 31, 2010 | 5,622 | 1,462 | 1 | 7,085 |
The expected profitability of the investments, based on market expectations, is 6.2% p.a. for fixed income and assets, 8% p.a. for variable income assets and for other investments, resulting in an average interest rate of 6.78% p.a.
98
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
22.4 Healthcare - Multidisciplinary Healthcare (AMS)
Petrobras and its subsidiaries, Petrobras Distribuidora, Petroquisa and Refap, have a health care plan (AMS) that has defined benefits and covers all present and retired employees of the companies in Brazil and their dependents. The plan is managed by the Company, itself, and the employees contribute a fixed monthly amount to cover the main risks and a portion of the costs related to the other types of coverage in accordance with a participation table based on specified parameters, including salary levels, in addition to a pharmacy benefit that provides special terms for plan holders to buy certain medications in registered pharmacies throughout Brazil.
The healthcare plan is not covered by guarantor assets. The benefits are paid by the Company, based on the costs incurred by the plan members.
99
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
22.5 Net actuarial liabilities and expenses, calculated by independent actuaries, and fair value of the plans assets
The data for all the defined benefit plans in Brazil and abroad were added together, since they contain similar assumptions and the total assets and liabilities of pension plans abroad is not material.
All the pension plans have accumulated benefit liabilities in excess of the plans assets.
a) Changes in the actuarial liabilities, in the fair value of the assets and in the amounts recognized in the balance sheet
2010 | 2009 | |||||||||||||||||||
Consolidated | Parent company | Consolidated | Parent company | |||||||||||||||||
Pension plan | Pension plan | |||||||||||||||||||
Defined benefit | Variable contribution | Healthcare plan | Total | Total | Defined benefit | Variable contribution | Healthcare plan | Total | Total | |||||||||||
Changes in the present value of the actuarial liabilities | ||||||||||||||||||||
Actuarial liability at the beginning of the year | 47,495 | 525 | 11,961 | 59,981 | 55,997 | 37,524 | 300 | 9,875 | 47,699 | 44,404 | ||||||||||
Cost of interest: | ||||||||||||||||||||
· With financial commitment agreement | 509 | 509 | 479 | 370 | 370 | 346 | ||||||||||||||
· Actuarial | 4,737 | 59 | 1,328 | 6,124 | 5,719 | 4,367 | 39 | 1,258 | 5,664 | 5,294 | ||||||||||
Current service cost | 405 | 104 | 198 | 707 | 631 | 330 | 106 | 150 | 586 | 530 | ||||||||||
Benefits paid | (1,783) | (3) | (523) | (2,309) | (2,163) | (1,815) | (3) | (471) | (2,289) | (2,166) | ||||||||||
Actuarial (gain) / loss on the actuarial liability | 3,885 | 48 | 813 | 4,746 | 4,488 | 6,797 | 83 | 1,149 | 8,029 | 7,589 | ||||||||||
Others | (6) | (6) | (78) | (78) | ||||||||||||||||
Actuarial liability at the end of the year | 55,242 | 733 | 13,777 | 69,752 | 65,151 | 47,495 | 525 | 11,961 | 59,981 | 55,997 | ||||||||||
Changes in the fair value of the plan's assets | ||||||||||||||||||||
Plan's assets at the beginning of the year | 39,482 | 201 | 39,683 | 37,220 | 32,900 | 86 | 32,986 | 30,811 | ||||||||||||
Expected income from the plan's assets | 4,469 | 28 | 4,497 | 4,223 | 3,984 | 16 | 4,000 | 3,748 | ||||||||||||
Contributions received by the fund | 896 | 523 | 1,419 | 1,301 | 780 | 91 | 471 | 1,342 | 1,255 | |||||||||||
Receipts entailed to the financial commitment agreement | 258 | 258 | 239 | 230 | 230 | 215 | ||||||||||||||
Benefits paid | (1,783) | (3) | (523) | (2,309) | (2,163) | (1,815) | (3) | (471) | (2,289) | (2,166) | ||||||||||
Actuarial gain / (loss) on the plan's assets | 1,993 | 3 | 1,996 | 1,928 | 3,412 | 11 | 3,423 | 3,357 | ||||||||||||
Others | (9) | (9) | ||||||||||||||||||
Plan's assets at the end of the year | 45,315 | 229 | 45,544 | 42,748 | 39,482 | 201 | 39,683 | 37,220 | ||||||||||||
Amounts recognized in the balance sheet | ||||||||||||||||||||
Present value of the liabilities with established fund | 55,242 | 733 | 55,975 | 52,356 | 47,495 | 525 | 48,020 | 44,855 | ||||||||||||
(-) Fair value of the plan's assets | (45,315) | (229) | (45,544) | (42,748) | (39,482) | (201) | (39,683) | (37,220) | ||||||||||||
Present value of the liabilities in excess of the fair value of the plan's assets | 9,927 | 504 | 10,431 | 9,608 | 8,013 | 324 | 8,337 | 7,635 | ||||||||||||
Present value of the liabilities without established fund | 13,777 | 13,777 | 12,795 | 11,961 | 11,961 | 11,142 | ||||||||||||||
Unrecognized actuarial gains/(losses) | (5,301) | (116) | (1,959) | (7,376) | (6,807) | (3,413) | (73) | (1,151) | (4,637) | (4,248) | ||||||||||
Unrecognized past service cost | (116) | (103) | (32) | (251) | (225) | (145) | (108) | (36) | (289) | (259) | ||||||||||
Net actuarial liabilities at December 31 | 4,510 | 285 | 11,786 | 16,581 | 15,371 | 4,455 | 143 | 10,774 | 15,372 | 14,270 | ||||||||||
Changes in net actuarial liabilities | ||||||||||||||||||||
Balance at January 1 | 4,455 | 143 | 10,774 | 15,372 | 14,270 | 4,420 | 99 | 9,833 | 14,352 | 13,301 | ||||||||||
(+) Costs incurred in the year | 837 | 143 | 1,533 | 2,513 | 2,298 | 721 | 98 | 1,412 | 2,231 | 2,055 | ||||||||||
(-) Payment of contributions | (525) | (523) | (1,048) | (958) | (416) | (60) | (471) | (947) | (871) | |||||||||||
(-) Payment of the financial commitment agreement | (254) | (254) | (239) | (228) | (228) | (215) | ||||||||||||||
Others | (3) | (1) | 2 | (2) | (42) | 6 | (36) | |||||||||||||
Balance at December 31 | 4,510 | 285 | 11,786 | 16,581 | 15,371 | 4,455 | 143 | 10,774 | 15,372 | 14,270 |
100
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
b) Components of the net expenses
2010 | 2009 | |||||||||||||||||||
Consolidated | Parent company | Consolidated | Parent company | |||||||||||||||||
Pension plan | Pension plan | |||||||||||||||||||
Defined benefit | Variable contribution |
Healthcare plan |
Total | Total | Defined benefit | Variable contribution | Healthcare plan | Total | Total | |||||||||||
Current service cost | 405 | 104 | 198 | 707 | 631 | 329 | 106 | 150 | 585 | 530 | ||||||||||
Cost of interest: | ||||||||||||||||||||
· With financial commitment agreement | 509 | 509 | 479 | 370 | 370 | 346 | ||||||||||||||
· Actuarial | 4,737 | 59 | 1,328 | 6,124 | 5,719 | 4,367 | 39 | 1,258 | 5,664 | 5,294 | ||||||||||
Estimated income from the plan's assets | (4,469) | (28) | (4,497) | (4,223) | (3,984) | (16) | (4,000) | (3,748) | ||||||||||||
Unrecognized amortization of actuarial (gains) / | ||||||||||||||||||||
losses | 3 | 1 | 1 | 5 | 1 | 2 | 2 | |||||||||||||
Contributions by members | (371) | (371) | (343) | (372) | (43) | (415) | (389) | |||||||||||||
Unrecognized past service cost | 23 | 7 | 4 | 34 | 34 | 23 | 7 | 4 | 34 | 33 | ||||||||||
Others | 2 | 2 | (14) | 5 | (9) | (11) | ||||||||||||||
Net costs for the year | 837 | 143 | 1,533 | 2,513 | 2,298 | 721 | 98 | 1,412 | 2,231 | 2,055 | ||||||||||
Related to present employees: | ||||||||||||||||||||
Absorbed in the funding of operating activities | 185 | 72 | 296 | 553 | 530 | 200 | 45 | 223 | 468 | 452 | ||||||||||
Directly to income | 141 | 69 | 198 | 408 | 314 | 153 | 52 | 178 | 383 | 308 | ||||||||||
Related to retired employees | 511 | 2 | 1,039 | 1,552 | 1,454 | 368 | 1 | 1,011 | 1,380 | 1,295 | ||||||||||
Net costs for the year | 837 | 143 | 1,533 | 2,513 | 2,298 | 721 | 98 | 1,412 | 2,231 | 2,055 |
101
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
c) Differences between estimated amounts and amounts incurred
The differences between the estimated amounts and those ineffectively incurred were as follows:
Consolidated | Parent company | |||||||
2010 | 2009 | 2010 | 2009 | |||||
Pension plan gains/(losses) | ||||||||
Actuarial liability | 118 | (381) | 28 | (417) | ||||
Pension plan assets | 1,996 | 3,423 | 1,928 | 3,357 | ||||
Pension plan gains/(losses) | ||||||||
Actuarial liability | 414 | 663 | 406 | 637 |
d) Difference in the costs with health care
The difference of 1% in the assumptions for medical costs would have the following impacts:
Consolidated | Parent company | |||||||
1% | 1% | 1% | 1% | |||||
increase | decrease | increase | decrease | |||||
Actuarial liability | 2,016 | (1,652) | 1,864 | (1,528) | ||||
Service cost and interest | 245 | (198) | 226 | (183) |
e) Actuarial assumptions adopted in the calculations
2010 | 2009 | |||
Discount rate | Inflation 5.3% to 4.3% p.a.(1) + interest 5.91% p.a.(2) | Inflation 4.5% to 4% p.a.(1) + interest: 6.57% p.a.(2) | ||
Growth rate for salaries | Inflation 5.3% to 4.3% p.a.(1) + 2.220% p.a | Inflation 4.5% to 4% p.a.(1) + 2.295% p.a | ||
Expected return rate from the pension plan assets | Inflation 5.3% p.a.(1) + interest: 6.78% p.a. | Inflation 4.5% p.a.(1) + interest:6.74.% p.a. | ||
Turnover rate of the health plans | 0.660% p.a.(3) | 0.768% p.a. (3) | ||
Turnover rate of the pension plans | Null | Null | ||
Rate for hospital medical costs | 7.89% to 4.3% p.a. (4) | 7.5% to 4% p.a. (4) | ||
Mortality table | AT 2000, sex specific | AT 2000, sex specific | ||
Disability table | TASA 1927 | TASA 1927 | ||
Mortality table for disabled persons | AT 49, sex specific | AT 49, sex specific |
(1) Inflation decreasing lineally in the next 5 years when it becomes constant.
(2) The Company uses a methodology for computing an equivalent real rate from the future curve of return of the longest term government bonds, considering in the calculation of this rate the maturity profile of the pension and healthcare liabilities.
(3) Average turnover which varies according to age and time of service.
(4) Decreasing rate attaining in the next 30 years the projected long-term expectations for inflation.
102
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
22.6 Other defined contribution plans
The subsidiary Transpetro and the subsidiaries Petrobras Argentina, Transportadora Brasileira Gasoduto Bolívia-Brasil (TBG) and others sponsor defined contribution retirement plans for their employees. The contributions paid in fiscal year 2010, recognized in the income statement, total R$ 20,880.
23 Employee and management profit-sharing
According to the provisions of current legislation, the employees participation in profits or results may be based on voluntary programs maintained by the companies or on agreements with employees or unions.
Accordingly, in 2010 Petrobras recorded a provision in the amount of R$ 1,691 in Consolidated (R$ 1,495 in 2009) and R$ 1,428 in the Parent Company (R$ 1,270 in 2009), for profit sharing of employees and management. The amount of the provision complies with the limits established by Resolution 10, of May 30, 1995 issued by the Council for Control of State Companies (CCE).
Management participation in the profits or results will be subject to approval at the General Shareholders Meeting to be held in 2011, in accordance with articles 41 and 56 of the Companys bylaws and specific federal regulations.
24 Equity
24.1 Paid in capital
At December 31, 2010, subscribed and fully paid-in capital amounting to R$ 205,357 is represented by 7,442,454,142 common shares and 5,602,042,788 preferred shares, all of which are nominatives registered and have no par value.
Capital increase with reserves
The Special General Shareholders Meeting, held jointly with the General Shareholders Meeting on April 22, 2010, approved the increase in the Companys capital from R$ 78,967 to R$ 85,109, through the capitalization of part of the profit reserves in the amount of R$ 5,627, of which R$ R$ 899 is from statutory reserve and R$ 4.713 from a profit retention reserve, in accordance with article 199, of Law 6404/76, and R$ 15 from part of the tax incentive reserve formed in 2009, in compliance with article 35, paragraph 1, of Ordinance 2091/07 of the Minister of
103
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
National Integration, and from capital reserves in the amount of R$ 515. This capitalization was made without issuing new shares, in accordance with article 169, paragraph 1, of Law 6404/76.
104
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
Capital increase with issuing of shares
On September 23, 2010, the Board of Directors of Petrobras approved the increase in capital in the amount of R$ 115,052, thus increasing the Companys capital from R$ 85,109 to R$ 200,161, through the issuing 2,293,907,960 common shares and 1,788,515,136 preferred shares, maintaining for their holders the same rights attributed to the holders of the previously existing shares, with the capital thus being represented by 7,367,255,304 common shares and 5,489,244,532 preferred shares.
On September 29, 2010 there was the payment of the offer of the shares described above, which resulted in the raising of capital in the amount of R$ 115,052.
On October 1, 2010, the Board of Directors of Petrobras approved the issue and verified the subscription of 75,198,838 common shares and 112,798,256 preferred shares, resulting in the raising of additional funds and a capital increase in the amount of R$ 5,196, thus increasing the capital from R$ 200,161 to R$ 205.357, represented by 7,442,454,142 common shares and 5,602,042,788 preferred shares.
Amendment of the Bylaws
The Special General Shareholders meeting, held on January 31, 2011, approved the amendment of the Companys bylaws as follows:
a) to amend article 4, main clause, in order to establish that the Companys capital is now reported as being R$ 205,357, divided into 13,044,496,930 registered, book-entry shares, with no par value, of which 7,442,454,142 are common shares and 5,602,042,788 are preferred shares;
b) to exclude paragraphs 1, 2 and 3 of article 4, in order to withdraw the limit of authorized capital for common and preferred shares issued by the Company, which, in the terms of Law 6404/76, would permit under certain circumstances an increase in the Companys capital regardless of statutory amendments, through a decision of the Board of Directors;
c) to insert a new first paragraph in article 4, in order to establish that capital increases through the issuing of shares will be submitted previously to the decision of the General Shareholders Meeting;
d) to renumber as paragraph 2, the current paragraph 4 of article 4;
e) to renumber as paragraph 3, the current paragraph 5 of article 4;
f) to exclude clause IX of the article, which establishes the jurisdiction for the Board of Directors to decide on capital increases within the authorized limit, since the Company will no longer have authorized capital;
105
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
g) to amend clause III of article 40, which defines increases in capital as jurisdiction of the General Shareholders Meeting, deleting the exceptions to the hypotheses of authorized capital, which will no longer exist; and
h) to exclude article 62, which defines the transitory provisions approved in the Special General Shareholders Meeting of June 22, 2010.
Increase with reserves in 2011
The Management of Petrobras will propose to the Special General Shareholders Meeting to be held jointly with the General Shareholders Meeting for 2011, a capital increase for the Company from R$ 205,357 to R$ 205,380, through capitalization of part of the tax incentive profit reserve established in 2010 in the amount of R$ 23, in compliance with article 35, paragraph 1, of Ordinance 2091/07 of the Government Minister for National Integration. This capitalization will be made without issuing new shares, pursuant to article 169, paragraph 1, of Law 6404/76.
24.2 Expenditures with the issuing of shares
a) Expenditures with the issuing of shares
The global offer generated funding costs in the amount of R$ 477, net of taxes.
b) Change in interest in subsidiaries
It includes the value of the differences between the amount paid and the amount value, resulting from the changes in interests in subsidiaries which do not result in loss of control, considering that they address capital transactions, i.e. transactions with the shareholders, as owners.
24.3 Profit reserves
a) Legal reserve
The legal reserve is formed through the allocation of 5% of the net income for the year, pursuant to article 193 of the Brazilian Corporation Law.
b) Statutory reserve
The statutory reserve is formed through the allocation of the net income for each year in an amount equivalent to at least 0.5% of the paid-in capital at year-end. This reserve is used to fund research and technological development programs. The balance of this reserve may not exceed 5% of the paid-in capital, pursuant to article 55 of the Companys bylaws.
106
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
c) Tax incentive reserve
It is created through distribution of part of the results for the year equivalent to the tax incentives resulting from government donations or subsidies, pursuant to article 195-A of the Corporation Law. This reserve may only be used for absorbing losses or increasing capital.
In fiscal year 2010, R$ 250 referring to the incentive for an investment subsidy within the Superintendencies for Development of the North East (SUDENE) and for the Amazon (SUDAM) was distributed from the results, of which R$ 23 refers to the realization of part of the deposits for reinvestments with its own funds.
d) Profit retention reserve
It is earmarked for investments established in the capital budget, mainly in exploration activities and development of oil and gas production, pursuant to article 196 of the Brazilian Corporation Law.
The Board of Directors is proposing maintaining in shareholders equity, in a profit retention reserve, the amount of R$ 20,281, originating from the profit for the year, which is earmarked to partially attend the annual investment program established in the capital budget for fiscal year 2011, and the remaining debit balance of retained earnings in the amount of R$ 1,237, originating from the initial adoption of IFRS, to be decided in the General Shareholders Meeting for 2011.
24.4 Equity valuation adjustment
a) Accumulated translation adjustment
It includes the translation differences in reais of the financial statements of the companies with a functional currency different from the Parent company.
b) Others comprehensive statements of income
It includes the changes in fair value involving financial assets available for sale and for cash flow hedging; and the adjustments through adopting the deemed cost of the property, plant and equipment of the petrochemical sector on the transition date
24.5 Dividends
The shareholders are assured a minimum dividend and/or interest on shareholders equity of at least 25% of the adjusted net income for the year, calculated in accordance with article 202 of the Brazilian Corporation Law.
107
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements (Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The proposal for the dividends for 2010, which is being submitted by the Board of Directors of Petrobras for approval by the shareholders at the General Shareholders Meeting to be held in 2011, in the amount of R$ 11,728, complies with the rights guaranteed in the bylaws for preferred shares (article 5), distributing to the common and preferred shares, alike, the dividends calculated on the adjusted basic profit for this purpose as presented below:
2010 | 2009 | |||
Net income for the year (parent company) | 35,036 | 29,313 (*) | ||
Allocation: | ||||
Legal reserve | (1,752) | (1,466) | ||
Tax incentive reserve | (250) | (554) | ||
33,034 | 27,293 | |||
Reversals/additions: | ||||
Revaluation reserve | 10 | |||
Basic profit for determining the dividend | 33,034 | 27,303 | ||
Proposed dividends, equivalent to 35.83 % of the basic | ||||
profit - R$ 1.03 per share (30.53% in 2009, R$ 0.95 per | ||||
share) as follows: | ||||
Interest on shareholders' equity | 10,163 | 7,195 | ||
Dividends | 1,565 | 1,140 | ||
Total proposed dividends | 11,728 | 8,335 | ||
Less: | ||||
Interest on shareholders' equity paid | ||||
in advance | (7,945) | (6,142) | ||
Updating of interest on shareholders' equity | (188) | (24) | ||
paid in advance | ||||
(8,133) | (6,166) | |||
Balance of proposed dividends | 3,595 | 2,169 |
(*) Net profit disclosed in 2009, the basis for determining the dividend.
108
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The proposed dividends as of December 31, 2010, in the amount of R$ 11,728, include interest on shareholders equity in the total amount of R$ 10,163, approved by the Board of Directors, as follows:
Portion | Date of board of directions approval | Shareholders positions | Date payment | Value of the position | Grass amount per share (ON and PN) (R$) |
1º Portion Interest on shareholders capital | 05.14.2010 | 05.21.2010 | 05.31.2010 | 1,755 | 0.20 |
2º Portion Interest on shareholders capital | 07.16.2010 | 07.30.2010 | 08.31.2010 | 1,755 | 0.20 |
3º Portion Interest on shareholders capital | 10.22.2010 | 11.01.2010 | 11.30.2010 | 1,826 | 0.14 |
4º Portion Interest on shareholders capital | 12.10.2010 | 12.21.2010 | 12.30.2010 | 2,609 | 0.20 |
5º Portion Interest on shareholders capital | 02.25.2011 | 03.21.2010 | 2,218 | 0.17 | |
Dividends | 02.25.2011 | 1,565 | 0.12 | ||
11,728 | 1.03 |
The dividend per share with respect to the first two payments of interest on shareholders equity was calculated considering the shareholding position before the increase in capital on September 29 and October 1, 2010, equivalent to R$ 0.40 for 8,774,076,740 shares. With respect to the subsequent payments, the dividend per share was calculated on the shareholding position after the issuing of the new shares, equivalent to R$ 0.63 per share for 13,044,496,930 shares.
The payments of interest on shareholders equity distributed in advance in 2010 will be discounted from the dividends proposed for this year, restated by the SELIC rate from the date of their payment until December 31, 2010. The dividends and the final payment of interest on shareholders equity will be paid on the date that is fixed in the Annual General Shareholders Meeting and their amounts will be monetarily restated according to the variation of the SELIC rate as from December 31, 2010 until the date for the beginning of payment.
The interest on shareholders equity is subject to the withholding of income tax at source of 15%, except for the shareholders that are immune and exempt, as established in Law 9249/95. This interest was ascribed to the dividends for the year in the manner established in the Companys bylaws, recorded in operating results, as required by the tax legislation, and were reversed against retained earnings, as stipulated by CVM Resolution 207/96, resulting in an income tax and social contribution tax credit in the amount of R$ 3,455 (R$ 2,446 in 2009).
24.6 Income per Share
Consolidated | Parent company | ||||||
2010 | 2009 | 2010 | 2009 | ||||
Net income attributable to shareholders of Petrobras | 35,189 | 30,051 | 35,036 | 29,959 | |||
Weighted average of the number of common and preferred shares | |||||||
outstanding (million) | 9,872,826,065 | 8,774,076,740 | 9,872,826,065 | 8,774,076,740 | |||
Net basic and diluted income per common and preferred share | 3,57 | 3,43 | 3,55 | 3,42 |
109
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
25 Sales revenue
Consolidated | Parent company | |||||||
2010 | 2009 | 2010 | 2009 | |||||
Gross sales revenue | 268,107 | 230,721 | 204,595 | 175,571 | ||||
Sales charges | (54,833) | (47,887) | (48,108) | (41,537) | ||||
Sales revenue | 213,274 | 182,834 | 156,487 | 134,034 |
26 Expenses by nature
Consolidated | Parent company | |||||||
2010 | 2009 | 2010 | 2009 | |||||
Depreciation, depletion and amortization | (14,881) | (14,457) | (10,813) | (10,380) | ||||
Personnel expenses and benefits | (16,153) | (13,835) | (12,185) | (10,386) | ||||
Raw material / products purchased | (78,915) | (59,999) | (53,405) | (39,262) | ||||
Government interest | (20,314) | (19,076) | (19,810) | (18,624) | ||||
Contracted services, freight, rents and general charges (*) | (22,446) | (16,107) | (13,284) | (8,818) | ||||
(152,709) | (123,474) | (109,497) | (87,470) | |||||
Cost of goods sold | (136,052) | (108,707) | (96,134) | (75,977) | ||||
Selling expenses | (8,660) | (7,375) | (7,920) | (6,464) | ||||
Administrative and general expenses | (7,997) | (7,392) | (5,443) | (5,029) | ||||
(152,709) | (123,474) | (109,497) | (87,470) |
(*) Net of capitalized expenditures with the construction of own assets
27 Other operating expenses, net
Consolidated | Parent company | |||||||
2010 | 2009 | 2010 | 2009 | |||||
Losses and contingencies with judicial proceedings | (1,834) | (2,499) | (1,352) | (2,339) | ||||
Healthcare and pension plans | (1,552) | (1,380) | (1,454) | (1,295) | ||||
Institutional relations and cultural projects | (1,234) | (1,070) | (1,132) | (959) | ||||
Collective labor agreements | (647) | (487) | (577) | (487) | ||||
Unprogrammed stoppages and pre-operating expenses | (623) | (748) | (613) | (725) | ||||
Adjustment to market value of inventories | (603) | (609) | (61) | (124) | ||||
Corporate expenses on security, environment and health (SMS) | (369) | (355) | (368) | (353) | ||||
Operating expenses with thermoelectric power stations | (299) | (610) | (602) | (1,015) | ||||
Impairment | (76) | (543) | 104 | (550) | ||||
Incentive for purchase of Petrobras shares | (91) | (85) | ||||||
Others | 266 | 941 | 379 | 380 | ||||
(7,062) | (7,360) | (5,761) | (7,469) |
110
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
28 Financial income and expenses
Consolidated | Parent company | |||||||
2010 | 2009 | 2010 | 2009 | |||||
Exchange income (expenses) on cash and cash equivalents | (680) | (666) | (784) | (801) | ||||
Exchange income (expenses) on financing | 722 | 2,070 | 878 | 475 | ||||
Exchange income (expenses) on leasing | (35) | 25 | 22 | |||||
Exchange effects on net indebtedness | 7 | 1,429 | 94 | (304) | ||||
Monetary variation on financing (*) | 695 | 2,406 | 140 | 1,079 | ||||
Financing expenses | (7,145) | (4,769) | (4,467) | (2,560) | ||||
Capitalized financial charges | 5,533 | 3,250 | 4,249 | 2,583 | ||||
Expenses with financing, net | (1,612) | (1,519) | (218) | 23 | ||||
Earnings on financial investments | 1,680 | 1,388 | 971 | 623 | ||||
Revenue from federal government securities for trading | 529 | 529 | ||||||
Net income from FIDC-NP | (1,257) | (519) | ||||||
Net financial expenses | 597 | (131) | 25 | 127 | ||||
Financial results on net indebtedness | 1,299 | 3,704 | 259 | 902 | ||||
Exchange variation on assets abroad | (365) | (5,637) | (949) | (8,829) | ||||
Exchange income (expenses) on financial leasing | 137 | 1,432 | 137 | 1,432 | ||||
Hedge on sales and financial operations | 3 | (373) | 24 | 172 | ||||
Earnings on securities available for sale | 524 | 422 | 510 | 422 | ||||
Earnings on securities held until maturity | 119 | 342 | 451 | 53 | ||||
Other financial income and expenses, net | (15) | (335) | 340 | 535 | ||||
Other exchange and monetary variations, net | 861 | 283 | 862 | 603 | ||||
Financial result, net | 2,563 | (162) | 1,634 | (4,710) | ||||
Financial result | ||||||||
Income | 4,539 | 3,509 | 4,312 | 6,311 | ||||
Expenses | (3,311) | (3,471) | (2,960) | (5,002) | ||||
Exchange and monetary variations, net | 1,335 | (200) | 282 | (6,019) | ||||
2,563 | (162) | 1,634 | (4,710) |
(*) It includes monetary variation on financing in local currency parameterized to the variation of the US dollar.
111
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
29 Legal proceedings and contingencies
29.1 Provisions for legal proceedings
Consolidated | Parent company | |||||||
12.31.2010 | 12.31.2009 | 12.31.2010 | 12.31.2009 | |||||
Labour grievances | 196 | 102 | 88 | 15 | ||||
Tax processes | 617 | 176 | 68 | 56 | ||||
Civil processes (*) | 358 | 462 | 269 | 181 | ||||
Other processes | 201 | 179 | ||||||
1,372 | 919 | 425 | 252 | |||||
Current | 54 | 54 | ||||||
Non-current | 1,372 | 865 | 425 | 198 | ||||
(*) Net of deposits in court, when applicable. |
Contingencies | ||||
Consolidated | Parent company | |||
Balance at January 1, 2009 | 966 | 257 | ||
Addition | 2,444 | 2,325 | ||
Reversal | (6) | |||
Use | (1,133) | (1,021) | ||
Transfers | (1,357) | (1,321) | ||
Updating of interest | 13 | 12 | ||
Accumulated translation adjustment | (8) | |||
Balance at December 31, 2009 | 919 | 252 | ||
Addition | 1,394 | 845 | ||
Reversal | ||||
Use | (859) | (598) | ||
Transfers | (88) | (83) | ||
Updating of interest | 9 | 9 | ||
Accumulated translation adjustment | (16) | |||
Balance at December 31, 2010 | 1,372 | 425 |
Companhia Locadora de Equipamentos Petrolíferos
On July 16, 2009, CLEP receive a notice of infraction, referring to questioning with respect to the rate for income tax withheld at source, applicable to the issuing of securities abroad. There is the possibility of applying the treaty between Brazil and Japan. On August 14, 2009, CLEP filed a refutation of the notice of infraction received on July 16, 2009 in the Federal Revenue Regional Office of Rio de Janeiro (DRJ). On September 3, 2009 the process was remitted to the control and hearing service - DRJ.
112
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
113
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The petition for an injunction for renewal of the notification of the decision handed down in the Administrative Process and suspension of the demandability of the debit of income tax withheld at source was dismissed, which permitted the filing of a bill of review on the last day, November 19, 2010.
On December 2, 2010, the petition for advance relief was partially granted, suspending the acts of collection of the debit until the new notification of the aforementioned decision is made at the administrative level.
The estimated maximum exposure as of December 31, 2010 is R$ 417, which is recorded in non-current liabilities of the balance sheet.
Special interest in the Barracuda and Caratinga Fields
On July 1, 2010, Petrobras received a notice of infraction, drawn up by the National Agency for Petroleum, Natural Gas and Biofuels (ANP), in the amount of R$ 222, on the pretence of a special interest in the Barracuda and Caratinga fields on account of amounts that would have been underpaid by the Company, during the period between the second quarter of 2005 and the fourth quarter of 2009, due to the deduction of costs in supposed disagreement with ANP Ordinance 10/99. On July 15, 2010, Petrobras filed its defense with ANP.
On September 30, 2010, ANP sent official letter 609/2010/SPG with a review of the amount for the official notification, as it understands that part of the leasing agreement would not consist of a financing transaction.
On October 28, 2010, Petrobras filed with ANP a request for payment in installments over 30 months in a total amount of R$ 86, based on the amount established in Official letter 646/2010/SPG, of October 15, 2010. Until December 31, 2010, the Company had paid three installments.
ICMS - Sinking of Platform P-36
In March 2001, occurred the sinking of Platform P-36, which had been imported under temporary admission according to a customs regime that suspended taxation (REPETRO) and, therefore, the state taxes, which were later charged as the platform would no longer be returned, were not due on this occasion.
With an unfavorable decision at the last level of appeals in the Superior Court of Rio de Janeiro, Petrobras began to evaluate the legal aspects of the suit and the economic aspects of the use of the benefits of a tax amnesty established in State Law 5647, of January 18, 2010, which permits elimination of fines and an expressive decrease in other charges, as well as the possibility of payment with court order debts.
114
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) | ||||||
115
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
Triunfo Agro Industrial S.A and others
During the year 2000, Triunfo Agro Industrial and others filed a suit against Petrobras, claiming losses and damages as a result of the annulling of a credit assignment transaction - excise tax (IPI) premium. The hearing by the Superior Court of Rio de Janeiro, in the second instance, was unfavorable to Petrobras and approval was denied for the appeal lodged by the Company. Petrobras filed special and extraordinary appeals, which were not admitted, which generated the filing of interlocutory appeals to the Superior Court of Justice and the Federal Supreme Court, respectively, which are awaiting a hearing
Parallely to the filing of the aforementioned appeals, on September 28, 2010 Petrobras filed a motion for annulling judgment before the Full Bench of the Superior Court of Rio de Janeiro, where it obtained, by 20 votes to one, an injunction that prohibits any withdrawal of values on the part of the plaintiffs.
The estimated maximum exposure is around R$ 497. The Company has a balance of deposits in court for this process in the amount R$ 341, resulting in a net amount of R$ 157.
Fishermens Federation of Rio de Janeiro - FEPERJ
On behalf of its members, FEPERJ is making a number of claims for indemnification as a result of an oil spill in Guanabara Bay which occurred on January 18, 2000. At the time, Petrobras paid out extrajudicial indemnification to all those that proved they were fishermen when the accident happened. According to the records of the national fishermens registry, only 3,339 people were eligible to claim indemnification.
On February 2, 2007, a decision, partially accepting the expert report, was published and, on the pretext of quantifying the amount of the conviction, it established the parameters for the respective calculations, which, based on these criteria, would result in an amount of R$ 1,102. Petrobras appealed against this decision before the Superior Court of Rio de Janeiro, as the parameters stipulated in the decision are contrary to those specified by the Superior Court of Rio de Janeiro, itself. The appeal was accepted. On June 29, 2007, a decision was published by the First Civil Chamber of the Superior Court of the State of Rio de Janeiro denying approval to the appeal by Petrobras and granting approval to the appeal by FEPERJ. Special appeals were lodged by Petrobras against this decision, which in a decision handed down on November 19, 2009 by the Superior Court of Justice, were considered fit to annul the court decision of the First Civil Chamber of the Court of Appeals of Rio de Janeiro. FEPERJ invoked motions for clarification of judgment, which are awaiting a hearing.
Based on the calculations prepared by the Companys experts, the amount of R$ 50, updated to December 31, 2010, was maintained as representing the amount that the Company understands will be established by the higher courts at the end of the proceedings.
116
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
29.2 Legal proceedings not provisioned for
Description | Current situation | |
Plaintiff: Porto Seguro Imóveis Ltda. | On March 30, 2004 the Court of Appeals of Rio de Janeiro unanimously granted the new appeal lodged by Porto Seguro, ordering Petrobras to indemnify an amount equal to US$ 2,370 million, plus 5% as a premium and 20% as lawyers’ fees. Petrobras filed a special and an extraordinary appeal before the Superior Court of Justice (STJ) and the Federal Supreme Court (STF), which were rejected. Petrobras then filed an interlocutory appeal against the decision before the Superior Court of Justice and the Federal Supreme Court. The special appeal offered by Porto Seguro, which sought to bar the processing of the special appeal by Petrobras, was heard and dismissed in December 2009. Motions to clarify were then invoked by Porto Seguro which were denied in a hearing in December 2010. The publication of this decision and judgment of the aforementioned special appeal through which Petrobras seeks to totally reverse the sentence is being awaited. Based on the opinion of its legal counsel, the Company does not expect an unfavorable outcome to these proceedings. If the situation is not reversed, the estimated indemnity to Petroquisa, including monetary correction and interest, would be R$ 19,032 as of December 31, 2010. As Petrobras owns 100% of the capital of Petroquisa, part of the indemnity to Petroquisa, estimated at R$ 12,561, will not represent an actual disbursement from the Petrobras System. Additionally, Petrobras would have to indemnify Porto Seguro, the plaintive, R$ 952 as a premium and R$3,806 as lawyers' fees to Lobo & Ibeas Advogados. | |
Nature: Civil | ||
Porto Seguro, a minority shareholder of Petroquisa, filed a lawsuit against Petrobras, related to alleged losses arising from the sale of the shareholding interests of Petroquisa in various petrochemical companies included in the National Privatization Program. The plaintiff filed the aforesaid lawsuit to obtain an order obliging Petrobras, as the majority shareholder of Petroquisa, to compensate for the “loss” inflicted on the equity of Petroquisa, through the acts which approved the minimum sales price of its shareholding interest in the capital of the privatized companies. | ||
Plaintiff: Kalium Mineração S.A. | Considered as with ground at the first instance, partly. The two parties lodged appeals which were dismissed. Petrobras is awaiting a hearing of the extraordinary appeal lodged with the Federal Supreme Court and a special appeal with the Superior Court of Justice on September 18, 2003, both of which were admitted. There is also a special appeal by Kalium which is awaiting a hearing. The maximum exposure for Petrobras, updated to December 31, 2010, is R$ 196. | |
Nature: Civil | ||
An action for losses and damages and loss of earnings due to the contractual rescission. | ||
117
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
Description | Current situation | |
Plaintiff: Destilaria J.B. Ltda. and Others. | There is a final and unappealable condemnatory decision in an amount to be calculated and still pending confirmation. Indefinite maximum exposure. | |
Nature: Civil | ||
Collection of charges on invoices related to the purchase of alcohol paid late. | ||
Plaintiff: IBAMA | Sentence handed down at the lower administrative level, ordering Petrobras to pay for non-compliance with the TAC. The Company filed a hierarchical appeal to the Ministry of the Environment which is awaiting a hearing. Maximum updated exposure: R$ 182 | |
Nature: Civil | ||
Non-compliance with the Settlement and Commitment Agreement (TAC) clause related to the Campos Basin, of August 11, 2004, for continuing to drill without prior approval. | ||
National Petroleum Agency (ANP) | The execution of the fines is suspended through an injunction, pursuant to records of the suit lodged by Petrobras. Through a civil suit, the Company is claiming recognition of its credit resulting from article 22, paragraph 2 of the Petroleum Law, requesting the offsetting of the eventual debt that Petrobras may have with ANP. Both the legal processes, which are being handled jointly, are in the evidentiary stage. Maximum updated exposure: R$ 365 | |
Nature: Civil | ||
Fine for non-compliance with minimum exploration programs - “Rodada Zero”. | ||
Plaintiff: Federal Revenue Department of Rio de Janeiro | Petrobras submitted new administrative appeals to the Higher Chamber of Tax Appeals, the highest administrative level, which are awaiting a hearing. Maximum updated exposure: R$ 4,526 | |
Nature: Tax | ||
Tax deficiency notice related to withholding income tax calculated on remittances of payments for affreightment of vessels referring to the period from 1999 to 2002. | ||
Plaintiff: SRP - Social Security Department | Of the amounts the company disbursed to guarantee the filing of appeals and/or obtaining of the debt clearance certificate from the INSS, R$ 115 is recorded as deposited in court, which could be recovered in the proceedings in progress, related to 332 tax deficiency notices amounting to R$ 363 as of December 31, 2010. The position of the Petrobras legal department for these deficiency notices is minimal risk of future disbursement. | |
Nature: Tax | ||
Tax deficiency notices related to social security charges arising from administrative proceedings brought by the INSS, which attributed joint liability to the company for the contracting of civil construction and other services. | ||
118
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
Description | Current situation | |
Plaintiff: Federal Revenue Department of Rio de Janeiro | On August 15, 2006, Termorio filed in the Federal Revenue Inspectorate of Rio de Janeiro a refutation of this notice of infraction as it considers that the tax collecting classifications that were made were supported by a technical report from a renowned institute. On October 11, 2007, the First Panel of Judges considered the tax assessment as invalid, overcoming one judge who voted for partial validity. The Federal Revenue Inspectorate filed an ex-officio appeal to the Taxpayers’ Council Porto Alegre - RS and this request has not yet been heard. Maximum updated exposure: R$ 780 | |
Nature: Tax | ||
Tax deficiency notice referring to import duty (II) and excise tax (IPI), contesting the tax classification as Other Electrogenic Groups for the importing of equipment belonging to the thermoelectric power station, Termorio S.A. | ||
Plaintiff: Federal Revenue Department | The lower court considered the assessment to have grounds. The Company filed a spontaneous appeal which is awaiting a hearing. Maximum updated exposure: R$ 1,189 | |
Nature: Tax | ||
CIDE - Fuels. Non-payment in the period from March 2002 to October 2003, pursuant to court orders obtained by distributors and petrol stations protecting them from levying this charge. | ||
Plaintiff: Federal Revenue Department | The lower court considered the assessment to be groundless. There was an appeal by the Federal Revenue Department to the Taxpayers’' Council that was approved. Petrobras filed a spontaneous appeal which is awaiting a hearing. Maximum updated exposure: R$ 893 | |
Nature: Tax | ||
Withholding income tax (IRRF) on remittances abroad for payment of petroleum imports | ||
Plaintiff: Federal Revenue Department of Rio de Janeiro | The lower court considered the assessment to have grounds. Petrobras filed a spontaneous appeal which is awaiting a hearing. Maximum updated exposure: R$ 340 | |
Nature: Tax | ||
Corporate income tax (IRPJ) and social contribution (CSLL) 2003 - Fine on arrears on payment made through voluntary disclosure. | ||
Plaintiff: Federal Revenue Department | The lower court considered the assessment to have grounds. Petrobras filed a spontaneous appeal which was transformed into inspections in the Company’s establishments. Diligence attended. It is awaiting the hearing of the spontaneous appeal. Maximum updated exposure: R$ 2,196 | |
Nature: Tax | ||
Non payment of CIDE by Petrobras on imports of naphtha sold to Braskem. | ||
Plaintiff: State Finance Department of Rio de Janeiro | Unfavorable decision for Petrobras. Spontaneous appeal filed in the Taxpayers’ Council, which denied approval for the appeal. The Company is evaluating the possibility of taking legal action. Maximum updated exposure: R$ 2,088 | |
Nature: Tax | ||
ICMS - Notices of infraction on LNG transfer operations without the issuing a tax document in the ambit of the centralizing establishment. | ||
119
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
Description | Current situation | |
Plaintiff: State of São Paulo | The lower court considered the assessment to have grounds. In the second instance, approval of the ordinary appeal was denied. The company filed a spontaneous appeal which was rejected. Awaiting inscription as an executable tax debt for filing of a claim with the federal supreme court by the State of Mato Grosso do Sul, which considered that it was adversely affected by the decision of the Sao Paulo State Finance Department. Maximum updated exposure: R$ 1,025 | |
Nature: Tax | ||
Suspension of payment of ICMS on imports of natural gas from Bolivia. | ||
Plaintiff: Municipal governments of Anchieta, Aracruz, Guarapari, Itapemirim, Jaguaré, Marataízes, Serra, Vila Velha and Vitória. | The Company presented administrative defenses with the aim of canceling the assessments and the majority are in the process of being heard. Of the municipalities with respect to those that have already exhausted the discussion, only the municipality of Itapemirim has filed tax collection proceedings. In this judicial case, the Company has offered a guarantee and filed an appeal. Maximum updated exposure: R$ 1,447 | |
Nature: Tax | ||
Not withholding and paying service tax (ISS) on offshore services. Some municipalities located in the State of Espírito Santo have filed notices of infraction against Petrobras for the supposed failure to withhold service tax of any nature (ISSQN) on offshore services. Petrobras withheld the ISSQN; however, it paid the tax to the municipalities where the respective service providers are established, in accordance with Complementary Law 116/03. |
||
Plaintiff: State Finance Departments of Rio de Janeiro and Sergipe | Petrobras presented legal defenses with the aim of cancelling the assessments and the majority are still in the process of being heard. Maximum updated exposure: R$ 593 | |
Nature: Tax | ||
Incorrect use of ICMS credits from drilling bits and chemical products used in formulating drilling fluid. Notices of tax assessment as it is understood that they comprise material for use and consumption, for which use of the credit will only be permitted as from 2011. |
||
Plaintiff: State Finance Department of São Paulo | The lower court considered the assessment to have grounds. The decision was upheld at the second instance. After the closing at the administrative level, Petrobras filed an annulment action, obtaining advance relief. Maximum updated exposure: R$ 1,734 | |
Nature: Tax | ||
Two notices of tax assessment related to the absence of payment of ICMS and a fine for non-compliance with an accessory obligation on importation. Temporary admission of a drilling rig in São Paulo and clearance in Rio de Janeiro (ICMS Agreement 58/99). | ||
120
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
Description | Current situation | |
Plaintiff: Finance and Planning Department of the Federal District. | The lower court considered the assessment to have grounds. Petrobras filed a spontaneous appeal which is awaiting a hearing. Maximum updated exposure: R$ 143 | |
Nature: Tax | ||
Payment of ICMSdue to omission on exit (Inventories) | ||
Plaintiff: State Finance Department of Bahia | The lower court considered the assessment to have grounds. Petrobras filed a spontaneous appeal which is awaiting a hearing. Maximum updated exposure: R$ 233 | |
Nature: Tax | ||
Incorrect allocation of credit, difference in the ICMS rate for material for use and consumption | ||
Plaintiff: Federal Revenue Department | The lower court considered the assessment to have grounds. The Federal Revenue Department withdrew the process from its outstanding positions. The Company is awaiting a new standing from the Federal Revenue Department. Maximum updated exposure: R$ 192 | |
Nature: Tax | ||
Social contribution and corporate income tax - collection of a fine for dismissal of a voluntary disclosure. | ||
Plaintiff: Federal Revenue Department | The lower court considered the assessment to have grounds. The Company filed a spontaneous appeal which is awaiting a hearing. Maximum updated exposure: R$ 1,412 | |
Nature: Tax | ||
Underpayment of corporate income tax (IRPJ) and social contribution on net income (CSLL) on income earned abroad in the period from 2005 to 2006, through affiliated companies and subsidiaries. | ||
Plaintiff: Federal Revenue Office | The lower court considered the assessment to have grounds. There was an ex officio appeal by the National Treasury, which is awaiting a hearing. Maximum updated exposure: R$ 330 | |
Nature: Tax | ||
Tax assessment notice for non payment of income tax and social contribution on the financial incentive to employees for the renegotiation of the Petros Plan, in 2007. | ||
Plaintiff: Brazilian Federal Revenue Department |
The lower court considered the assessment to have grounds partially. The Company filed spontaneous appeal which are awaiting a hearing. | |
Nature: Tax | ||
Notice for non-deductibility income tax, social contribution and fines on the renegotiation of Petros Plan. Financial obligations assumed in the financial commitment resulting from the execute of The Agreement of Reciprocal Obligations | ||
Environmental questions
The Company is subject to various environmental laws and regulations that regulate activities involving the unloading of oil, gas and other materials and that establish that the effects on the environment caused by the Company’s operations must be remedied or mitigated by the Company. We present below the updated situation of the main environmental proceedings with chances of possible loss.
121
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
In 2000, an oil spill at the São Francisco do Sul Terminal of the Presidente Getúlio Vargas Refinery (Repar) discharged approximately 1.06 million gallons of crude oil into the surrounding area. At that time approximately R$ 74 was spent to clean up the affected area and to cover the fines applied by the environmental authorities. There is the following lawsuit with respect to this spill:
Description | Current situation | |
Plaintiff: AMAR - Association for Environmental Defense of Araucária | No decision handed down in the lower court. It is awaiting the start of the expert investigation to quantify the amount. Maximum updated exposure: R$ 152 The court determined that this suit and the suit brought by the Paraná Environmental Institute (IAP) are heard together. | |
Nature: Environmental | ||
Claim for indemnification for moral and property damages to the environment. | ||
Plaintiff: Federal Public Attorney’s Office and Public Attorney’s Office of the State of Paraná | No decision handed down in the lower court. Maximum updated exposure: R$ 5,783 | |
Nature: Environmental | ||
Claim for indemnification for moral and financial damages and environmental restoration. |
In 2001, the Araucária - Paranaguá oil pipeline ruptured as a result of an earthquake, causing a spill of approximately 15,059 gallons of fuel oil into a number of rivers in the State of Paraná. At that time, services to clean the river surfaces were performed, recovering approximately 13,738 gallons of oil. As a result of the accident the following suit was filed against the Company:
Description | Current situation | |
Plaintiff: Paraná Environmental Institute (IAP) | Appeal by Petrobras dismissed at the 2nd administrative level. As it understands that the statute has run on the administrative fine, an annulment action was filed as a result of having received a “notice of federal debts payable”, dated October 22, 2009. Maximum updated exposure: R$ 157 The court determined that this suit and the suit brought by AMAR are heard together. | |
Nature: Environmental | ||
Fine applied for alleged environmental damages. |
122
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
On March 20, 2001, platform P-36 sank in the Campos Basin. As a result of the accident the following suit was filed against the Company:
Description | Current situation | |
Plaintiff: Federal Public Attorneys Office - Rio de Janeiro | As published on May 23, 2007 the claim was considered partially to have grounds and Petrobras was ordered to pay damages in the amount of R$ 100,000 for the damage caused to the environment, to be restated monthly with 1% interest on arrears as from the date on which the event occurred. Petrobras filed a civil appeal against this decision, which is awaiting a hearing. Maximum updated exposure: R$ 296 |
|
Nature: Civil | ||
Indemnification for environmental damages - P-36. |
Processes for small amounts
The Company is party to a number of legal and administrative proceedings with expectations of possible losses, whose total per legal nature is R$ 105 in civil actions, R$ 935 in labor actions, R$ 1,123 in tax actions and R$ 171 in environmental actions.
29.3 Asset contingencies
29.3.1 Recovery of PIS and COFINS
Petrobras and its subsidiaries Gaspetro, Transpetro and Refap filed a civil suit against the Federal government before the Federal Courts of Rio de Janeiro, referring to recovery, through offsetting, of the amounts paid as PIS on financial revenue and exchange gains in the period between February 1999 and November 2002 and COFINS between February 1999 and January 2004, in light of the ruling that paragraph 1 of article 3 of Law 9718/98 is unconstitutional.
On November 9, 2005, the Federal Supreme Court considered that the aforementioned paragraph 1 of article 3 of Law 9718/98 is unconstitutional. On January 9, 2006, in view of the final decision by the Federal Supreme Court, Petrobras filed a new suit aiming at recovering the COFINS related to the period from January 2003 to January 2004.
At December 31, 2010, the amounts of R$ 2,302 for Petrobras, R$ 75 for Gaspetro, R$ 29 for Transpetro and R$ 14 for Refap, with respect to the aforementioned suits, are not reflected in the financial statements due to the absence of a definitive favorable decision.
123
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
29.3.2 Litigations abroad
a) In the United States - P-19 and P-31
On July 25, 2002, Braspetro Oil Service Company (Brasoil) and Petrobras won related lawsuits filed with the US lower courts by the insurance companies United States Fidelity & Guaranty Company and American Home Assurance Company in which they were trying to obtain, since 1997, with respect to the first company (Brasoil), a legal declaration that exempted them from the obligation of paying the performance bond of the platforms P-19 and P-31, and, with respect to the second company (Petrobras), they were seeking reimbursement of any quantities for which they might happen to be condemned in the execution proceedings of the performance Bond.
A court decision by the Federal Court of the Southern District of New York recognized the right of Brasoil and Petrobras to receive indemnity for losses and damages in the amount of US$ 237 million, plus interest and reimbursement of legal expenses on the date of effective receipt related to the performance bond, totaling approximately US$ 370 million.
The insurance companies filed an appeal against this decision before the Court of Appeals for the Second Circuit. On May 20, 2004 the Court handed down a decision that partially confirmed the sentence with respect to the responsibility of the insurance companies for payment of the performance bonds. However, it removed the obligation of the insurance companies with respect to payment of the fine, legal fees and costs, thus reducing the amount of the indemnity to US$ 245 million. The insurance companies appealed against these decisions in the Full Court, which was not accepted, and the judgment above remains definitive.
In April 2005 the parties (the insurance companies and Brasoil) initiated negotiation procedures aimed at the effective settlement of Brasoils credit, seeking the signing of a heads of agreement, the operationalization of which, however, resulted in new doubts and questions to be remedied in court. On July 21, 2006, the US court handed down an executive decision, defining the points of difference, such as interest due, however, conditioning the payment of the amounts owed to Brasoil to the permanent closing of legal proceedings involving identical claims in progress before the Brazilian courts, which the parties proceeded to do.
124
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
b) In London - P-36
Through a decision handed down on February 2, 2004, Petromec Inc (Petromec) and Marítima Petróleo e Engenharia Ltda. (Marítima) were sentenced to reimburse Brasoil the amount of US$ 58 million, plus interest, for the loan made by Brasoil to Petromec through a Deed of Payment and Indemnity, dated May 21, 1999 and guaranteed by Marítima in accordance with the Keepwell Agreement dated May 21, 1999. The payment of these amounts is halted until pending questions are decided.
In the current stage of the litigation, Petromec is upholding its request for additional costs for the upgrade based on the Supervision Agreement, dated June 20, 1997.
A preliminary hearing related to the method by which the eventual right of Petromec took place on June 26 and 27, 2007. On June 6, 2007, the Court handed down a decision, upholding the methodology defended by Petrobras and Brasoil. Petromec appealed against this decision and the Appeals Court considered this appeal on November 27, 2007. On December 21, 2007 the Court of Appeals substantially rejected Petromecs appeal.
Petromec filed its Particulars of Claim on September 29, 2008, where it claimed the amount of US$ 154 million, plus interest. Brasoil and Petrobras presented their defense on January 29, 2010.
The preliminary hearing of Petromecs claim is forecast to start on May 9, 2011. The final results of the litigation remain uncertain.
P-38 and P-40
After the hearing of the litigation related to P-38 and P-40, which took place in London during April and May 2007, the English Court handed down a decision on June 12, 2007 in favor of Brasoil in the following terms:
1) With respect to the litigation for P-38, a sentence for payment of the amount of US$ 83 million with respect to the principal, plus interest in the amount of US$ 31 million, and costs to be calculated; and
2) With respect to the litigation for P-40, a sentence for payment of the amount of US$ 171 million with respect to the principal, plus interest in the amount of US$ 66 million, and costs to be calculated.
The total amount awarded, excluding costs, in favor of Brasoil, is approximately 98.5% (in the case of P-38) and 96.4% (in the case of P-40) of the full amount of the sums claimed by Brasoil in the hearing.
125
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
In addition to the granting of the costs in favor of Brasoil, established in the decision of June 12, 2007, as mentioned above, a new decision was petitioned with respect to these costs. This decision was granted in the amount of £ 5 million. In a subsequent audience an additional decision in the amount of £1 million was granted.
c) Other litigation for indemnification
In the construction/conversion of vessels for Floating Production, Storage and Offloading (FPSO) and Floating, Storage and Offloading (FSO), Brasoil transferred financial resources in the amount of US$ 642 million, equivalent to R$ 1,069 at December 31, 2009 (R$ 1,103 at December 31, 2009) directly to its suppliers and subcontractors, with the aim of avoiding delays in the construction/conversion of vessels and, consequently, losses to Brasoil.
Based on the opinions of Brasoils legal advisers, these expenditures are liable for reimbursement by the builders, which is the reason why litigations for financial indemnification were filed in international courts. However, conservatively, the portion of this balance not covered by real guarantees, in the amount of US$ 570 million, equivalent to R$ 949 at December 31, 2010 (R$ 977 at December 31, 2009) is recorded as an allowance for doubtful accounts.
30 Commitments assumed by the energy segment
Commitments for purchase of natural gas
Petrobras entered into an agreement with Yacimientos Petrolíferos Fiscales Bolivianos (YPFB) to purchase a total of 201.9 billion m3 of natural gas during the term of the agreement, undertaking to purchase minimum annual volumes at a price calculated according to a formula indexed to the price of fuel oil. The agreement is valid until 2019 and will be renewed until the total contracted volume has been consumed.
In the period between 2002 and 2005, Petrobras bought less than the minimum volume established in the agreement with YPFB and paid US$ 81 million (equivalent to R$ 136 at December 31, 2010) referring to the volumes not transported, the credits for which will be realized through the drawing of future volumes.
The commitments for purchase of gas up to the end of the agreement represent volumes of 24 million cubic meters per day.
126
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
In the fourth quarter of 2009 Petrobras and YPFB signed a contractual addendum which regulates the payment of additional amounts to YPFB referring to the quantity of liquids (heavy hydrocarbons) present in the natural gas imported by Petrobras from YPFB through a Gas Supply Agreement (GSA). The addendum establishes additional amounts between US$ 100 million and US$ 180 million per year, applied to the volumes of gas delivered as from May 2007. With respect to 2007, the obligation for additional payment by Petrobras was recorded as a provision in 2009 and settled in February 2010. The payment of the amounts referring to subsequent years will only be due after compliance with a condition precedent established in the addendum, which will require additional negotiations with YPFB.
31 Guarantees for concession agreements for petroleum exploration
Petrobras gave guarantees to the National Petroleum Agency (ANP) in the total amount of R$ 5,347 for the Minimum Exploration Programs established in the concession agreements for exploration areas, with R$ 4,747, net of commitments already undertaken, remaining in force. Of this amount, R$ 2,920 corresponds to a lien on the oil from previously identified fields already in production, and R$ 1,827 refers to bank guarantees.
32 Derivative financial instruments, hedge and risk management activities
The company is exposed to a series of market risks arising from its operations. These risks mainly involve the fact that eventual variations in the prices of oil and oil products, in exchange rates or in interest rates may negatively affect the value of the companys financial assets and liabilities or future cash flows and profits.
32.1 Risk management objectives and strategies
Petrobras risk management is conducted by its officers, following a corporate risk management policy. In March 2010, in compliance with the new corporate governance model developed by the Company, the Financial integration Committee was established by the Executive Board, replacing the Risk Management Committee. The Committee is sponsored by the Financial Board and is composed of all the executive managers of the financial department, and the executive managers of the business departments are convened for discussions of specific themes. One of the responsibilities of the Financial Committee is to evaluate exposures to risks and to establish guidelines for measuring, monitoring and managing the risk related to the activities of Petrobras and it is the Executive Boards responsibility to decide on the themes.
127
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The risk management policy of the Petrobras System aims at contributing towards an appropriate balance between its objectives for growth and return and its risk exposure level, whether inherent to the exercise of its activities or arising from the context within which it operates, so that, through effective allocation of its physical, financial and human resources the company may attain its strategic goals.
The Company adopts a philosophy of integrated risk management, according to which the focus of the management is not on individual risks - the operations or the business units - but on the broader, consolidated perspective of the corporation, making use of possible natural hedges. For the management of market/financial risks, structural actions, created as a result of appropriate management of the companys capital and indebtedness, are adopted as a preference in detriment to the use of the derivative instruments.
In addition to assuring adequate protection for its fixed assets, facilities, operations and officers and orientating financial, tax, regulatory, market and loan exposure evaluations, amongst others, the Petrobras risk management policy seeks to make explicit its character of complementariness to its structural actions, which will create solid economic and financial grounds, capable of assuring that the opportunities for growth will be taken advantage of, even in adverse external circumstances.
32.2 Risk of change in the prices of oil and oil products
a) Risk management of prices of oil and oil products
Petrobras maintains, as a preference, exposure to the price cycle, not using derivatives for hedging systematic operations (purchase or sale of commodities with the aim of attending the operational requirements of the Petrobras System).
Nevertheless, the decisions referring to this issue are reviewed periodically and recommended to the Financial Integration Committee. If hedge is indicated, in scenarios with a significant probability of adverse events, the hedge strategy should be carried out with the aim of protecting the Companys solvency and liquidity, considering an integrated analysis of all the Companys risk exposures and assuring the execution of the corporate investment plan.
Following the assumption of considering only the consolidated net exposure of the price risk of oil and oil products, the operations with derivatives, generally, are limited to hedging the results of transactions carried out on the international market for physical goods, i.e. they are hedge operations where the gains and losses are totally or partially offset by the opposite result in the physical position.
128
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
b) Main transactions and future commitments hedged by derivative operations
The main operations with derivative financial instruments carried out by the companies of the Petrobras System are intended to hedge the expected results of the transactions carried out abroad.
Accordingly, the operations with derivative instruments are usually short-term operations and accompany the terms of the commercial transactions. The instruments used are futures, forward, swap and options contracts. The operations are carried out on the New York Mercantile Exchange (NYMEX) and the Intercontinental Exchange (ICE), as well as on the international over-the-counter market.
The hedges settled during the period from January to December 2010 corresponded to approximately 97.88% of the traded volume of imports and exports to and from Brazil plus the total volume of the cargos traded abroad.
The main counterparties of operations for derivatives for oil and oil products are the New York Stock Exchange (NYMEX), Intercontinental Exchange, Morgan Stanley, BNP Paribas, BP North America Chicago and Shell (Stasco).
c) Parameters used for risk management
The main parameters used in risk management for changes in the prices of Petrobras oil and oil products are the operating cash flow at risk (CFAR) for medium-term assessments, and Value at Risk (VAR) and Stop Loss for short-term assessments. Corporate limits are defined for VAR and Stop Loss.
The portfolio for commercial operations carried out abroad, as well as the hedges for their protection through derivatives for oil and oil products, presented, at December 31, 2010, a maximum estimated loss per day (VAR - Value at Risk), calculated at a reliability level of 95%, of approximately US$ 18 million.
129
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
d) Notional and fair value of the derivative instruments
The following table summarizes the information on the derivative contracts in force for oil and oil products.
Derivatives for oil and oil products
Consolidated | ||||||||||
Notional value in thousands of bbl* | Fair value recorded | Maturity | ||||||||
31.12.2010 | 31.12.2009 | 31.12.2010 | 31.12.2009 | |||||||
Futures contracts | (8,570) | (8,510) | (42) | (38) | 2010 / 2011 | |||||
Purchase commitments | 19,921 | 25,882 | ||||||||
Sale commitments | (28,491) | (34,392) | ||||||||
Options contracts | (1,679) | (1,150) | (3) | (2) | 2010 / 2011 | |||||
Buy | 1,446 | (550) | 1 | (2) | ||||||
Bidding position | 1,646 | |||||||||
Short sale | (200) | (550) | ||||||||
Sale | (3,125) | (600) | (4) | (0) | ||||||
Bidding position | 2,070 | 250 | ||||||||
Short sale | (5,195) | (850) | ||||||||
Forward contracts | 354 | (1,075) | (1) | (7) | 2010 / 2011 | |||||
Long position | 979 | 987 | ||||||||
Short position | (625) | (2,062) | ||||||||
Total recorded in other current assets and liabilities | (46) | (47) | ||||||||
Parent company | ||||||||||
National value in thousands of bbl* | Fair value recorded | Maturity | ||||||||
31.12.2010 | 31.12.2009 | 31.12.2010 | 31.12.2009 | |||||||
Futures contracts | 84 | 162 | - | (2) | 2010 / 2011 | |||||
Purchase commitments | 1,464 | 10,683 | ||||||||
Sale commitments | (1,380) | (10,521) | ||||||||
Options contracts | (1,150) | (2) | 2010 / 2011 | |||||||
Buy | (550) | (2) | ||||||||
Bidding position | 200 | |||||||||
Short sale | (200) | (550) | ||||||||
Sale | (600) | |||||||||
Bidding position | 1,940 | 250 | ||||||||
Short sale | (1,940) | (850) | ||||||||
Forward contracts | 101 | 2010 | ||||||||
Long position | 276 | |||||||||
Short position | (175) | |||||||||
Total recorded in other current assets and liabilities | (4) |
* A negative notional value represents a short position
** The positions indicated by hyphens represent values less than R$ 500 thousand
130
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
e) Gains and losses in the year
Consolidated | Parent company | |||||||
Derivatives for oil and oil products | 2010 | 2009 | 2010 | 2009 | ||||
Gain (loss) recorded in results | (4) | (299) | 24 | 172 | ||||
Gain (loss) recorded in shareholders' equity |
f) Value and type of margins given in guarantee
The guarantees given as collateral generally consist of deposits.
The following table presents the balance of the margins given for coverage of the commodities transactions traded on the stock exchanges and the over-the-counter market of the Parent Company and Consolidated.
Consolidated | Parent company | |||||
12.31.2010 | 12.31.2009 | 12.31.2010 | 12.31.2009 | |||
367 | 243 | 170 | 120 |
g) Sensitivity analysis
The following sensitivity analysis was conducted for the fair value of the derivatives of oil and oil products. The probable scenario is the fair value at December 31, 2010. The possible and remote scenarios consider a deterioration of the prices in the risk variable of 25% and 50%, respectively, with respect to the same date.
Consolidated | ||||||
R$ | ||||||
Risk | Probable scenario at 31.12.2010 | Possible Scenario ( Δ of 25%) | Remote Scenario ( Δ of 50%) | |||
High in Brent Oil | (5) | (64) | (128) | |||
High of Gasoline | (5) | (53) | (107) | |||
High of Fuel Oil | 11 | (59) | (118) | |||
Low of WTI | (17) | (424) | (879) | |||
High of Diesel | (2) | (195) | (390) | |||
Low of Dubai Oil | 1 | (22) | (44) |
h) Embedded derivatives
The procedures for identifying derivative instruments in contracts aim at timely recognition, control and adequate accounting handling to be employed, and are applicable to the units of Petrobras and its subsidiaries.
The contracts with possible clauses for derivative instruments or securities to be realized are communicated before they are signed, so that there is orientation with respect to the eventual performance of effectivity tests, the establishment of the accounting policy to be adopted and the methodology for calculation of the fair value.
131
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The embedded derivatives identified in the year were:
Sale of imported petroleum
Sales agreements for imported petroleum entered into between Petrobras Singapore Private Limited (PSPL), a subsidiary of Petrobras International Finance Company (PIFCo), and Refinaria de Petróleo Riograndense S.A., a jointly controlled subsidiary of Petrobras, consolidated in proportion to its interests in the capital (33.20.%).
The transaction consists of sale of petroleum, whose main characteristics reside in the fact that the prices to be paid on a future date are fixed at the time of the signing of the contracts, in contrast to other transactions of the same nature where the settlement prices are observed on the dates of delivery of the products, which incontestably defines the existence of a short position of a petroleum futures contract.
Notional value in thousand of bbl | Fair value | VAR | Maturity | |||||
Forward contracts | ||||||||
Short position | 400 | 3 | 1 | 2011 |
The identified embedded derivative was valued at fair value through profit and loss and classified at level 1 in the hierarchy for valuation of the fair value.
Sale of ethanol
Agreement for sale of hydrous ethanol entered into between Petrobras International Finance (PifCo), controlled by Petróleo Brasileiro S.A (Petrobras), and Toyota Tsusho Corporation. The agreement consists of sale of hydrous ethanol through a price formula defined at the time of signing the agreement. The definition of price for each shipment of hydrous ethanol delivered in this agreement involves two quotations of distinct references: ethanol and naphtha.
The agreement establishes the beginning of delivery of shipments of alcohol in 2012 for a period of 10 years. However, as there is a contractual clause that permits renegotiation of prices and termination by any one of the parties after five years, if a new agreement is not reached, we consider the term of only five years as a firm contractual commitment for purposes of calculating the value of the embedded derivative financial instrument.
The basic defined contractual quantity is 143,000 m³ per year.
132
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The price formula in question uses as one of its references the quotation of a commodity that does not maintain a strict cost or market value relationship with the product transacted in the contract, according to the criteria of technical announcement CPC 38 - Financial Instruments: Recognition and Valuation. Accordingly, pursuant to the orientations for this standard, the portion referring to the embedded derivative should be isolated from the original contract and recorded in the financial statements following the same rules applicable to the other derivative financial instruments.
The table below presents the fair value and the value at risk (VaR) of the operation to December 31, 2009:
Notional value in thousands of m3 | Fair value | VAR | Maturity | |||||
Forward contracts | ||||||||
Long position | 715 | 53 | 2 | 2 2016 |
The derivative was valued at fair value through profit and loss and classified at level 3 in the hierarchy for valuation of the fair value.
The Company determined the fair value of this agreement based on practices used on the market, where the difference between the spreads for naphtha and ethanol is calculated. The selling price of the ethanol in the agreement refers to the Brazilian market (ESALQ). The parameters used in the calculation were obtained from market price quotations for ethanol and naphtha on the CBOT (Chicago Board of Trade) future market on the last working day of the period of the financial statements.
The gains obtained are presented in the income statement as financial income.
32.3 Exchange risk
Exchange risk is one of the financial risks that the company is exposed to and it originates from changes in the levels or volatility of the exchange rate.
Fluctuations in exchange rates may have a negative affect on Petrobras financial situation and operating results, since the majority of the Companys revenues are in reais while the major part of its liabilities are in foreign currency.
a) Exchange risk management
With respect to the management of exchange risks, Petrobras seeks to identify and address them in an integrated manner, seeking to assure efficient allocation of the resources earmarked for the hedge.
133
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
Taking advantage of operating in an integrated manner in the energy segment, the company seeks, primarily, to identify or create natural hedges, i.e. to benefit from the correlation between its income and expenses. In the specific case of exchange variation inherent to contracts where the cost and remuneration involve different currencies, this hedge is provided through allocating the cash investments between the real, US dollar or another currency.
The risk management is performed for the net exposure. Periodic analyses of the exchange risk are prepared, assisting the decisions of the executive committee. The exchange risk management strategy may involve the use of derivative instruments to minimize the exchange exposure of certain liabilities of the Company.
b) Main transactions and future commitments hedged by derivative operations
Petrobras Internacional Finance Company (PIFCo)
In September 2006, the Company, through its subsidiary PifCo, contracted hedge known as a cross currency swap for coverage of the bonds issued in Yens in order to fix the companys costs in this transaction in US dollars. In a cross currency swap there is an exchange of interest rates in different currencies. The exchange rate of the Yen for the US dollar is fixed at the beginning of the transaction and remains fixed during its existence. The Company does not intend to settle these contracts before the end of the term. For this relationship between the derivative and the loan, the Company adopted hedge accounting.
Petrobras Distribuidora
Petrobras Distribuidora is in a short position in exchange futures rates through NDFs on the Brazilian over-the-counter market. For the aviation segment, which represents 100 % of the operations contracted for the period, the term of exposure is three months on average and the hedge is contracted concomitantly with the definition of the cost of the exported aviation kerosene, thus fixing and assuring the trading margin. In the period in question operations were contracted in the amount of US$ 342 million.
Usina Termelétrica Norte Fluminense (UTE Norte Fluminense)
The Company, aiming at assuring that significant fluctuations in the quotation of the US dollar do not affect its results and cash flows, contracted hedge with a face value of US$ 22 million, representing 50% of its total indebtedness in foreign currency.
It is important to point out that UTE Norte Fluminense is managed jointly, consolidated by Petrobras in proportion to its capital interest (10%).
134
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
Refinaria de Petróleo Riograndense S.A.
The Refinery holds outstanding NDF positions for the purchase of imported petroleum at the face value of US$ 31 million.
In addition, the Company took out a loan in US dollars. With the aim of avoiding a mismatch between the asset and liability flows, since its receivables are concentrated in reais, the Refinery contracted hedge with a face value of R$ 3.
It is important to point out that Refinaria de Petróleo Riograndense is managed jointly, consolidated by Petrobras in proportion to its capital interest (33.20%).
c) Results obtained with respect to the proposed objectives and parameters used for risk management
Petrobras Internacional Finance Company (PIFCo)
The hedge known as a cross currency swap complies with CVM Resolution 604/08 which approved CPC 38 - Financial Instruments: Recognition and Valuation and CPC 39 -Financial Instruments: Presentation.
The Company decided to qualify its cash flow cross currency hedging. Upon the contracting of hedge and during its term, it is expected that the cash flow hedge will be highly effective in offsetting the cash flows attributable to the hedge risk during the term of the operation. The changes in the fair value, in the measure of the effectiveness of the hedge, tested quarterly, are stated in other comprehensive retained earnings, until the cash flow of the hedged item is realized.
Petrobras Distribuidora
Petrobras Distribuidora is in a short position in exchange futures rates through NDFs on the Brazilian over-the-counter market. The hedge is contracted concomitantly with the definition of the cost of the exported products, thus fixing and guaranteeing the trading margin. The Companys policy is to contract hedge up to a maximum of 100% of the volume exported.
The volume of hedge contracted for international billing between January and December 2010 represented 52.74% of all the volume exported by Petrobras Distribuidora in the period. The settlements of all the operations that matured between January 1 and December 31, 2010 generated a positive result for the Company of R$ 10.
135
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
Ipiranga Asfaltos S.A. (a subsidiary of BR Distribuidora) contracted NDFs in the short position in dollars to guarantee revenues in Reais from foreign clients with credit cards. Between January and December 2010 operations were contracted in a total amount of US$ 2.54 million. In the same period, the settlements that occurred generated a positive result of R$ 527.
d) Notional and fair value of the derivative instruments
The table below summarizes the information on the derivative contracts in force. The derivative transactions take into consideration the approved limits and credit balance for each institution in accordance with the regulatory orientations and procedures established by the Company.
Foreign Currency Derivatives
Consolidated | ||||||||||||
Notional value in $ million | Fair value R$ ** | Maturity | Value at Risk R$ * | |||||||||
31.12.2010 | 31.12.2009 | 31.12.2010 | 31.12.2009 | |||||||||
Dollar forward contracts | ||||||||||||
Long position | USD 53 | USD 22 | (2) | - | 2011 | - | ||||||
USD 53 | USD 22 | (2) | - | |||||||||
Short position | USD 61 | USD 76 | 4 | 2 | 2011 | 1 | ||||||
USD 61 | USD 76 | 4 | 2 | |||||||||
Cross Currency Swap | 192 | 113 | 2016 | 9 | ||||||||
Asset position | ||||||||||||
Average rate of receipt (JPY) = 2.15% p.a. | JPY 35,000 | JPY 35,000 | 783 | 711 | ||||||||
Liability position | ||||||||||||
Average rate of payment (USD) = 5.69% p.a. | USD 298 | USD 298 | (591) | (598) | ||||||||
194 | 115 | |||||||||||
* Value at Risk = maximum expected loss in 1 day with 95% reliability under normal market conditions. | ||||||||||||
** Negative fair values were recorded in liabilities and positive fair values in assets. | ||||||||||||
Main counterparties of the operation: Citibank, HSBC and Bradesco. | ||||||||||||
*** The positions indicated by a hyphen represent amounts lower than R$ 500 thousand. |
e) Gains and losses in the year
Consolidated | Parent company | |||||||
Foreign currency derivatives | 2010 | 2009 | 2010 | 2009 | ||||
Gain (loss) recorded in results | 7 | (74) | ||||||
Gain (loss) recorded in shareholders' equity | (10) | 27 | ||||||
f) Value and type of margins given in guarantee
The existing foreign currency derivative operations do not require a guarantee margin deposit.
136
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
g) Sensitivity analysis
The following sensitivity analysis was conducted for the fair value of the foreign currency derivatives, loans, financial investments in foreign currency and derivatives included in the exclusive investment funds of Petrobras. The probable scenario is the fair value at December 31, 2010. The possible and remote scenarios consider a deterioration in the risk variable of 25% and 50%, respectively, with respect to the same date.
Consolidated | ||||||||||
Foreign Currency Derivatives | Risk | Probable scenario at 31.12.2010 | Possible Scenario ( Δ of 25%) | Remote Scenario ( Δ of 50%) | VAR* | |||||
Dollar forward contracts | Appreciation of the dollar against the real | (2) | (2) | (3) | ||||||
Dollar forward contracts | Appreciation of the dollar against the real | 4 | (22) | (47) | ||||||
Cross Currency Swap | Depreciation of the yen against the dollar | 192 | 36 | (69) |
Consolidated | ||||||||
Foreign currency debt * | Risk | Probable scenario at 31.12.2010 | Possible Scenario ( Δ of 25%) | Remote Scenario ( Δ of 50%) | ||||
Real 1 | Appreciation of the dollar against the real | 23,906 | 5,976 | 11,953 | ||||
Dollar | Appreciation of the dollar against the real | 46,870 | 11,718 | 23,435 | ||||
Euro | Appreciation of the euro against the real | 214 | 53 | 107 | ||||
Yen | Appreciation of the yen against the real | 2,734 | 684 | 1,367 | ||||
73,724 | 18,431 | 36,862 | ||||||
1 - Financing in local currency parameterized to the variation of the dollar. |
Consolidated | ||||||||
Financial investment* | Risk | Probable scenario at 31.12.2010 | Possible Scenario ( Δ of 25%) | Remote Scenario ( Δ of 50%) | ||||
in foreign currency: | Appreciation of the real against the dollar | 13,343 | (3,336) | (6,671) | ||||
Consolidated | ||||||||
Financial investment (Derivatives)* | Risk | Probable scenario at 31.12.2010 | Possible Scenario ( Δ of 25%) | Remote Scenario ( Δ of 50%) | ||||
in foreign currency: | Appreciation of the real against the dollar | 2 | (22) | (44) |
(*) The isolated sensitivity analysis of the financial instruments does not represent the Companys net exposure to exchange risk. Considering the balance between liabilities, assets, revenues and future commitments in foreign currency, the economic impact of possible exchange variations is not considered material.
32.4 Interest rate risk
The interest rate risk that the Company is exposed to is due to its long-term debt and, to a lesser degree, its short-term debt. If the market interest rates (particularly LIBOR) rise, the Companys financial expenses will increase, which may cause a negative impact on the operating results and financial position. The foreign currency debt at floating rates is subject, mainly, to the fluctuation of the Libor and the debt at floating rates expressed in reais is subject, mainly, to the fluctuation in the long-term interest rate (TJLP), published by the
137
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) | |||
Central Bank of Brazil.
138
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
Interest rate risk management
Petrobras considers that the exposure to interest rate fluctuations will not have a material impact, and so, preferably, the Company does not use derivative financial instruments to manage this type of risk; except for specific situations presented by companies of the Petrobras system.
a) Main transactions and future commitments protected by operations with derivatives
Petrobras & Mitsui Drilling International B.V.(P&M)
Petrobras & Mitsui (P&M), a specific purpose entity controlled by Petrobras, contracted an interest rate swap at a face value of US$ 487 million. The operation was used to transform a financing obligation indexed to a floating rate into a fixed rate, with the aim of eliminating the mismatch between P&Ms asset and liability cash flows. The company does not intend to settle the operation before its maturity. P&M adopted hedge accounting for the relationship between the financing and the derivative. It is important to stress that P&M is managed jointly, consolidated by Petrobras in proportion to its capital interest (50%).
The table below presents the fair value and the value at risk (VaR) of the operation to December 31, 2010:
Notional value in R$ million | Fair value | Maturity | ||||
Forward contracts | ||||||
Long position | 405 | 7 | 2020 |
32.5 Credit risk
Petrobras is exposed to the credit risk of clients and financial institutions, resulting from its commercial operations and its cash management. These risks consist of the possibility of non-receipt of sales made and amounts invested, deposited or guaranteed by financial institutions..
Credit risk management objectives and strategies
The management of the credit risk in Petrobras is part of the management of the financial risks, which is performed by the Companys officers, following a corporate risk management policy. The Credit Commissions, which were established due to a decision by the Executive Board, are each composed of three members and chaired by the Executive Manager for Financial Planning and Risk Management and the other members are the Executive Manager for Finances and the Executive Manager for the commercial department in contact with the client or with the financial institution.
139
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The purpose of the Credit Commissions is to analyze questions connected with credit management, not only with respect to granting credit but also with respect to its management; to encourage integration between the units that compose them; and to identify the recommendations to be applied in the units involved or to be submitted to the appreciation of higher instances.
The credit risk management policy is part of the global risk management policy of the Petrobras System and aims at reconciling the need for minimizing exposure to credit risk and maximizing the result of sales and financial operations, through an efficient process of analysis, concession and management of the credits.
Petrobras only grants credit from commercial interest and solely for the acquisition of its products.
Parameters used for credit risk management
In its management of credit risks, Petrobras uses quantitative and qualitative parameters that are appropriate for each of the market segments in which it operates.
The Companys commercial credit portfolio, which surpasses US$ 37 billion, is very diversified and the credits granted are divided between clients of the Brazilian domestic market and foreign markets.
Amongst the main clients there are large companies of the petroleum market, considered major companies, and the subsidiaries of the Petrobras System, beneficiaries of around 28% and 44%, respectively, of the total credit granted.
Financial institutions are beneficiaries of approximately US$ 37 billion, distributed between the main international banks, considered by international risk classifiers as Investment Grade, and the most important Brazilian banks.
Guarantees used in credit risk management
Credit sales to clients considered as high risk are only made through receipt of guarantees. For this, the Company accepts letters credit issued abroad, bank guarantees issued in Brazil, mortgages and collateral.
For clients considered as medium risk, guarantees and endorsements of the partners of the companies, both individuals and legal entities, are also accepted.
Only guarantees issued by financial institutions that have available credit, established in accordance with the parameters adopted by the Company, are accepted.
140
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
The table below presents the maximum exposure to credit risk as of December 31, 2010:
R$ million | ||
Guarantees | 3,468,817 | |
Derivatives | 8,863 | |
Financial investments | 11,741,491 |
32.6 Liquidity risk
Petrobras uses its funds mainly for capital expenses, payment of dividends and debt refinancing. Historically, the conditions are met with funds generated internally, short and long-term debts, project financing, sales transactions and leasing. These sources of funds, allied to the Companys strong financial position, will continue to permit compliance with the established capital requirements.
Liquidity risk management
The liquidity risk management policy adopted by the Company establishes the continuity of rescheduling the term of maturity of our debts, exploiting the financing capacity of the domestic market and developing a strong presence on the international capital market, through broadening the investor base in fixed income.
Petrobras finances the working capital, assuming short-term debts normally related to our commercial flow, such as export credit notes and advances on exchange contracts. Investments in noncurrent assets are financed through long term debts such as issuing bonuses on the international market, credit agencies, export financing and prepayment, development banks in Brazil and abroad, and lines of credit with Brazilian and international commercial banks.
Nominal flow of principal and interest on financing
The table below presents the maturities of the short, medium and long-term financing as of December 31, 2010.
12/31/2010 | ||||||
Maturity | Consolidated | Parent Company | ||||
2011 | 21,969 | 4,251 | ||||
2012 | 14,397 | 5,014 | ||||
2013 | 11,667 | 3,290 | ||||
2014 | 12,021 | 4,524 | ||||
2015 | 15,626 | 5,015 | ||||
2016 | 24,805 | 14,817 | ||||
2017 onwards | 74.645 | 22,164 | ||||
175,129 | 59,076 |
141
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
Government regulation
In addition, the Ministry of Planning, Budgeting and Management controls the total amount of debts that Petrobras and its subsidiaries may incur, during the approval process of the annual budget. The Company and its subsidiaries must also obtain the approval of the National Treasury before assuming medium and long term debts. Loans that exceed the budgeted amounts for each year must be approved by the Federal Senate.
32.7 Financial investments (operations with derivatives)
Petrobras has financial investments represented by quotas of exclusive funds, with part of the proceeds invested in operations with derivatives (US dollar futures contracts and interbank deposits) guaranteed by the Futures and Commodities Exchange (BM&F).
The following table presents the market values of the operations with derivatives held in the exclusive investment funds as of December 31, 2010.
Contract | Quantity | Notional value | Fair value | Maturity | ||||
Future DI | (75,668) | (6,694) | (5) | 2011 à 2013 | ||||
Long position | 59,867 | 5,562 | 1 | |||||
Short position | (135,535) | (12,256) | (6) | |||||
Future dollar | 1,050 | 87 | 2010/2011 | |||||
Long position | 1,773 | 148 | (1) | |||||
Short position | (723) | (61) | 1 | |||||
Futures (Treasury Notes) | (10) | 10 | 2011 | |||||
Long position | 72 | 24 | 2 | |||||
Short position | (82) | (14) | (2) | |||||
Eurodollar | ||||||||
Long position | 25 | 10 | 2012 | |||||
Swap | 2011 | |||||||
Asset position | 5 | |||||||
Liability position | (5) | |||||||
(*) The positions indicated by hyphens represent values less than R$ 500 thousand. |
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Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
33 Fair value of financial assets and liabilities
Fair values are determined based on market price quotations, when available, or, in the absence thereof, on the present value of expected cash flows. The fair values of cash and cash equivalents, trade accounts receivable, short term debt and accounts payable to suppliers are the same as their carrying values. The fair values of other long-term assets and liabilities closely approximates their carrying values.
The estimated fair values for long-term loans of the Parent Company and Consolidated at December 31, 2010 were, respectively, R$ 37,365 and R$ 105,842, calculated at the prevailing market rates, considering natures, terms and risks similar to the registered contracts, and they may be compared to the carrying values of R$ 36,430 and R$ 102,051.
The hierarchy of the fair values of the Companys financial assets and liabilities, recorded at fair value on a recurring basis, at December 31, 2010, is presented as follows:
Fair value measured based on | 12.31.2010 | |||||||
Prices quoted on active market (Level 1) |
Valuation technique supported by observable prices (Level 2) |
Valuation technique without use of observable prices (Level 3) |
Fair value recorded | |||||
Assets | ||||||||
Marketable securities | 30,954 | 30,954 | ||||||
Foreign currency derivatives | 196 | 196 | ||||||
Commodity derivatives | 23 | 2 | 53 | 78 | ||||
Interest derivatives | 7 | 7 | ||||||
Total assets | 30,984 | 198 | 53 | 31,235 | ||||
Liabilities | ||||||||
Foreign currency derivatives | (2) | (2) | ||||||
Commodity derivatives | (65) | (3) | (68) | |||||
Total liabilities | (65) | (5) | (70) |
143
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
34 Insurance
For protection of its patrimony, Petrobras has the basic philosophy of transferring, through taking out insurance, the risks that, in the event of their occurrence, may cause losses that significantly impact the Companys patrimony, as well as the risks subject to obligatory insurance, whether through legal or contractual provisions. The other risks are subject to self-insurance, with Petrobras intentionally assuming the full risk through absence of insurance. The Company assumes an expressive portion of its risk, contracting deductible amounts that may reach an amount equivalent to US$ 50 million.
The risk assumptions adopted are not part of the scope of an audit of financial statements. Accordingly, they were not examined by our independent auditors.
The main information concerning the insurance coverage in force as of December 31, 2010 may be presented as follows:
Amount insured | ||||||
Assets | Types of coverage | Consolidated | Parent company | |||
Facilities, equipment and products in stock | Fire and operating risks | 116,682 | 103,215 | |||
Tankers and auxiliary vessels | Hulls | 2,524 | ||||
Fixed platforms, floating production systems and offshore drilling units | Oil risks | 40,446 | 20,512 | |||
Total | 159,652 | 123,727 |
Petrobras does not take out insurance for loss of earnings, control of wells and control of the pipeline network in Brazil.
Considering its financial size and its commitments and investments in the areas of health, environment and security and quality, Petrobras, similarly to petroleum companies of a similar size, retains a significant portion of its risk, including through the increase in its deductible amounts, which may reach US$ 50 million.
144
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
35 Security, environment, energy efficiency and health
In 2010, the main security, environment and health indexes of Petrobras were compatible with the best companies in the sector worldwide and it did not register any significant occurrence affecting the environment. In addition, the Company approved goals and corporate indexes related to the intensity of emissions and energy; participated in forums related to climatic change and contributed towards controlling the disaster that occurred in the Mexican Gulf in the United States of America.
This performance contributed to the fact that Petrobras maintained its place, for the fifth consecutive year, in the select group of companies that comprise the Dow Jones Sustainability Index, in addition to being one of the winners of the international Carbon Leadership Awards, organized by the magazine The New Economy in the category for Best Emissions Report.
Petrobras continually invests in training and development of new technologies, aiming at the prevention of accidents and the safety and health of its workers, in addition to maintaining ten Environmental Defense Centers in Brazil, on call 24 hours per day, in order to be able to respond quickly and efficiently to any oil spill, inclusively in the pre-salt area.
The Companys total expenditure in 2010, considering investments and operations, reached the amount of R$ 4,561, of which R$ 1,696 was spent on safety, R$ 1,947 on the environment, R$ 345 on energy efficiency, R$ 573 on the Program for Excellence in Environmental Management and Operational Safety (PEGASO), where the expenses with multidisciplinary health assistance (AMS) and support for external environmental programs and projects are not included.
Additionally, we have invested about R$ 112 on activities related to energy efficiency.
36 Subsequent events
Raising of funds for PifCo
On January 27, 2011, the Petrobras International Finance Company (PifCo) concluded the issuing of US$ 6 billion in Global Notes on the international capital market, with maturity on January 27, 2016, 2021 and 2041, interest rates of 3.875%, 5.375% and 6.750% p.a., respectively, and half-yearly payment of interest as from July 27, 2011.The capital raised will be used for corporate purposes and the financing of the investments established in the 2010-2014 Business Plan, and an appropriate capital structure and the level of financial leverage will be maintained in line with the Companys goals.
145
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
This financing had issuing costs estimated at approximately US$ 18 million, a discount of US$ 21 million and effective interest rates of 4.01%, 5.44% and 6.84% p.a., respectively. Global Notes constitute unsecured, unsubordinated obligations for PifCo and have the complete, unconditional guarantee of Petrobras.
Purchase option for Companhia Mexilhão do Brasil - Project Mexilhão
On January 12, 2011, Petrobras exercised its purchase option for the shares of SPE Companhia Mexilhão do Brasil and now guarantees the financing taken out by the SPE from BNDES (National Bank of Economic and Social Development).
Merger of Comperj Petroquímicos Básicos S.A and Comperj PET S.A. (PET) into Petrobras.
On January 31, 2011, the General Shareholders Meeting of Petrobras approved the merger of Comperj Petroquímicos Básicos S.A and Comperj PET S.A. into its equity, without a capital increase. With the merger of these companies, the corporate structure of Comperj will be simplified, minimizing costs and favoring reallocation of investments.
Special participation in the Albacora, Carapeba, Cherne, Espadarte, Marimbá, Marlim, Marlim Sul, Namorado, Pampo and Roncador Fields- Campos Basin
The special participation was established by Brazilian Petroleum Law 9478/97 and is paid as a form of compensation for oil production activities and is levied on high volume production fields. The method used by Petrobras to calculate the special participation due for the abovementioned fields is based on a legally legitimate interpretation of Ordinance 10 of January 14, 1999, approved by the National Petroleum Agency (ANP).
Petrobras received notice from ANP, which instituted an administrative process and established payment of new sums of money considered to be owed for the period between the first quarter of 2005 and the first quarter of 2010, referring to amounts that had been underpaid by the concessionaire, totaling R$ 365 (principal, without fine and interest).
On February 22, 2011, Petrobras filed for a hearing for dismissal of the aforementioned official notification. If ANPs administrative decision is maintained, Petrobras shall evaluate the possibility of a court suit to suspend and annul the collection of the differences of the special participation.
If the administrative decision is maintained ANP, Petrobras would consider legal action to suspend and cancel the charge of the differences of the special participation.
146
Petróleo Brasileiro S.A. - Petrobras
Notes to the financial statements
(Consolidated and Parent Company)
(In millions of reais, except otherwise indicated) |
147
Petróleo Brasileiro S.A. - Petrobras
Board of Directors and Executive Officers
BOARD OF DIRECTORS | ||
GUIDO MANTEGA | ||
President | ||
FÁBIO COLLETTI BARBOSA | MÁRCIO PEREIRA ZIMMERMANN | |
Member | Member | |
FRANCISCO ROBERTO DE | JOSÉ SERGIO GABRIELLI DE | SÉRGIO FRANKLIN QUINTELLA |
ALBUQUERQUE | AZEVEDO | Member |
Member | Member | |
JORGE GERDAU JOHANNPETER | CIANO GALVÃO COUTINHO | SILAS RONDEAU CAVALCANTI |
Member | Member | SILVA |
Member | ||
EXECUTIVE COMMITTEE | ||
JOSÉ SERGIO GABRIELLI DE AZEVEDO | ||
President | ||
ALMIR GUILHERME BARBASSA | MARIA DAS GRAÇAS SILVA | |
Chief Financial and Investor Relations | FOSTER | |
Officer | Director of Gas and Energy | |
GUILHERME DE OLIVEIRA ESTRELLA | PAULO ROBERTO COSTA | |
Director of Exploration and Production | Director of Supplies | |
JORGE LUIZ ZELADA | RENATO DE SOUZA DUQUE | |
International Director | Director of Services | |
MARCOS MENEZES | ||
Accountant - CRC-RJ 35.286/O-1 |
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PETRÓLEO BRASILEIRO S.A--PETROBRAS |
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By: |
/S/ Almir Guilherme Barbassa
|
|
Almir Guilherme Barbassa
Chief Financial Officer and Investor Relations Officer |
This press release may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended (Securities Act), and Section 21E of the Securities Exchange Act of 1934, as amended (Exchange Act) that are not based on historical facts and are not assurances of future results. These forward-looking statements are based on management's current view and estimates of future economic circumstances, industry conditions, company performance and financial results. The words "anticipates", "believes", "estimates", "expects", "plans" and similar expressions, as they relate to the company, are intended to identify forward-looking statements. Statements regarding the declaration or payment of dividends, the implementation of principal operating and financing strategies and capital expenditure plans, the direction of future operations and the factors or trends affecting financial condition, liquidity or results o f operations are examples of forward-looking statements. Such statements reflect the current views of management and are subject to a number of risks and uncertainties. There is no guarantee that the expected events, trends or results will actually occur. The statements are based on many assumptions and factors, including general economic and market conditions, industry conditions, and operating factors. Any changes in such assumptions or factors could cause actual results to differ materially from current expectations.
All forward-looking statements are expressly qualified in their entirety by this cautionary statement, and you should not place reliance on any forward-looking statement contained in this press release. We undertake no obligation to publicly update or revise any forward-looking statements, whether as a result of new information or future events or for any other reason.