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JPMorgan - KASE

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The fair value of current assets and current liabilities approximates their carrying amounts due to<br />

the short-term maturity of these instruments.<br />

The fair value of long-term debt is based on publicly quoted market values and current market<br />

conditions for instruments of a similar nature.<br />

Carrying<br />

Value<br />

Fair<br />

Value<br />

Long-term debt .............................................................. 277,767 270,643<br />

16 Commitments and Contingencies<br />

Kazakhstani environment<br />

Kazakhstan, as an emerging market, has a business infrastructure that is not as advanced as those<br />

usually existing in more developed free market economies. As a result, operations carried out in<br />

Kazakhstan can involve risks that are not typically associated with those in developed markets.<br />

Government taxes and legislation<br />

The tax environment in the Republic of Kazakhstan is subject to change and inconsistent<br />

application, interpretation and enforcement. Non-compliance with Kazakhstan laws and<br />

regulations can lead to the imposition of penalties and interest.<br />

During the year ended December 31, 2000, the Corporation was subject to a number of detailed<br />

investigations by the tax authorities, which resulted in assessments of further taxes and penalties<br />

totaling $19.5 million. The Corporation has provided for $2.5 million in the financial statements<br />

as at December 31, 2000. The Corporation disputes the remaining assessments and believes it is<br />

fully in compliance with current tax laws and regulations. Accordingly, no further provision has<br />

been made in the financial statements.<br />

Production licenses<br />

The Corporation has a 50% interest in the Kumkol North field through a joint venture. The joint<br />

venture, Turgai, is the operator of the Kumkol North field. Turgai, under the exploration and<br />

production license dated December 20, 1995 (the “Kumkol North License”) for the Kumkol North<br />

producing oil field, has committed to invest 5.3 billion Tenge, 5.4 billion Tenge, 2.6 billion Tenge<br />

and 2.5 billion Tenge in 1996, 1997, 1998 and 1999, respectively, which, at the exchange rate in<br />

effect at December 31, 1995, would be approximately $82.0 million, $84.8 million, $41.1 million<br />

and $38.8 million, respectively.<br />

Turgai did not satisfy this commitment in 1996, 1997, 1998 or 1999. There can be no assurance<br />

that the government of Kazakhstan will waive the breach of the capital investment commitments<br />

under such license. The failure to satisfy the capital investment commitments with respect to the<br />

Kumkol North producing oil field may result in the cancellation of the Kumkol North License.<br />

However, the Central Commission on developing oil and gas fields under the Ministry of Energy,<br />

Industry & Economy approved a new project for the development of the Kumkol oilfield dated<br />

June 24, 1999 providing for reduced capital expenditures which Turgai anticipated to meet or<br />

exceed and to date, the Corporation has received no notice from the government of Kazakhstan<br />

of its intent to terminate the Kumkol North License. The Kumkol North producing oil field<br />

represents approximately 29% of the Corporation’s net proved reserves. Under the Share Sale-<br />

Purchase Agreement, HKM has the right to have the license for the Kumkol North producing oil<br />

field reissued to HKM in the event of the cancellation of the existing Kumkol North License.<br />

Capital expenditures commitment<br />

Pursuant to the Share Sale-Purchase Agreement with the Republic of Kazakhstan, a commitment<br />

was made to invest, in Kazakhstan, an aggregate of $280 million in capital expenditures,<br />

F-39

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