Board of Directors’ report
12
DNO
Annual Report and Accounts 2023
Enterprise risk management
The objective of DNO’s risk management is to identify
potential
exposures that may impact the Group and to manage identified
risks within strict guidelines while pursuing our business
objectives. We continuously review our risk profile,
incorporating industry-recognized risk identification
and
quantification processes. The Board of Directors
and its
committees also regularly monitor the Group’s risk
management systems and internal controls.
Financial risk
Risks related to oil and gas prices, interest rates
and currency
exchange rates, liquidity risk, concentration risk and
credit risk
constitute financial risks for the Group. Financial risks
are
managed by the Group finance function based on guidelines
set
by the Board of Directors. For more information
about how we
manage financial risk, see Note 22 in the
consolidated
accounts.
Entitlement risk
DNO has interests in two licenses in Kurdistan
through
Production Sharing Contracts (PSCs) and has based
its
entitlement calculations on the terms of these PSCs.
The Company notes from public reports that on 15
February
2022, the Federal Supreme Court of Iraq (FSCI)
ruled on a
matter stemming back to 2012 along with another
related
matter dating back to 2019. Reportedly, the FSCI found
amongst other things that the Kurdistan Oil and Gas
Law No.
27/2007 (KOGL) is unconstitutional, that the KRG is
to hand
over all oil production from areas located in the Kurdistan
region
of Iraq (KRI) to the Federal Government of Iraq (FGI)
and that
the FGI has the right to pursue the nullity of
the oil contracts
concluded by the KRG. DNO was not a party to
the legal
proceedings. DNO has learned via media reports
that on 4 July
2022, a commercial court in Baghdad ruled
that PSCs signed
between the KRG and four international oil companies
including
DNO should be voided. Likewise, DNO notes from
media
reports that on 21 August 2022, the KRG filed
third party
objections to the reported 4 July 2022 Baghdad court
rulings
including those understood to concern DNO. These
cases,
along with other similar cases against international
oil
companies, are reported to be still pending. Furthermore and
importantly, the KRG has issued repeated reassurances that
the PSCs remain valid. There have been several
rulings in Erbil
courts affirming the validity of the PSCs. DNO notes
from public
reports that there is dialogue between the
KRG and the FGI on
oil related matters, including on possible amendments
of the
new 2023-2025 Federal Iraqi Budget Law FGI’s 2023 to 2025
Budget Law (Budget Law). It is unclear how and
when the KRG
and the FGI will permanently address these matters.
To date,
DNO continues its operations in Kurdistan, and developments
Due to disagreements between the FGI and the
KRG,
economic conditions in Kurdistan and limited oil export
channels, DNO has historically faced constraints
in fully
monetizing the oil it produces in Kurdistan. There
is no
guarantee that oil can be exported or sold locally in
sufficient
quantities or at prices required to sustain DNO’s operations
and
investment plans or that the Group will promptly receive
its full
entitlement payments for the oil it delivers for export.
Export
sales have not always followed the PSC terms and
there has
been uncertainty related to receipt of payments
but
notwithstanding sometimes lengthy delays, payments
have
ultimately been received by DNO.
In 2014, the FGI initiated an arbitration case
against the
Government of Türkiye and its state-owned pipeline
operator
BOTAS relating to the ITP.
Following an arbitration ruling which
became publicly known on or around 24 March
2023, and which
were in parts in favor of Iraq, the ITP was
closed for export of
Kurdish oil on 25 March 2023. Consequently, DNO announced
an orderly shutdown of its production in Kurdistan
on 29 March
2023. As of the reporting date, the ITP remains
closed. Despite
Türkiye’s announcement in October 2023 that the ITP is
ready
to resume operations. There are media reports that
indicate that
the ongoing discussions between the FGI and the
KRG about
the Budget Law amendments can be linked to the delay
of the
restart of export of Kurdish oil through the ITP.
At yearend 2023, the Company was owed a total
of USD 315
million, excluding any interest, by the KRG mainly
related to
export oil sales to the KRG for the months October 2022
through March 2023. These receivables are past
due (see Note
14). The KRG has repeatedly stated that it is and
remains
committed to its PSCs. Timing of export resumption and
payments for previous oil sales by the KRG is uncertain.
Consequently, DNO initiated cost reduction measures in
Kurdistan and commenced local sales on a cash and
carry
basis, where the oil is transported by traders by road
tanker or
pipelined to local refineries. The contractor entities’
entitlement
is sold by DNO. Varying by contract, local selling prices were in
the low-to-mid USD 30s per barrel during 2023,
significantly
lower than the international prices previously achieved
through
pipeline export. However, all local deliveries are prepaid by the
buyers directly to DNO, eliminating counterparty
credit risk. The
Company continues to engage with the KRG regarding
recovery of the arrears and payment terms
and conditions for
The FGI’s 2023 to 2025 Budget Law entered into force
in June
2023. Under the Budget Law, the KRG will be allocated a share
of the federal budget plus compensation for oil production
and
transportation costs which, according to the Budget Law, shall
be based on an average cost of production of
certain, undefined
Iraqi fields. The conditions for KRG receiving a
share of the FGI
budget include a requirement for the KRG to handover
400,000
bopd of oil produced from fields in Kurdistan to
Iraq’s State Oil
Marketing Organization (SOMO), for marketing and
sale. The
details of FGI-KRG budget allocations, implementation
of the
Budget Law and the monetary size of the budget
transfers to
the KRG are not clear to DNO and are
reportedly still under
negotiation between the KRG and the FGI.
Operational risk
DNO is exposed to operational risks across its
portfolio.
Operational risk applies to all stages of upstream operations,
including exploration, development and production.
Failure to
manage operations efficiently can manifest itself in project
delays, cost overruns, higher-than-estimated operating
costs
and lower-than-expected oil and gas production
and/or
reserves. Exploration activities are capital intensive
and involve
a high degree of geological risk. Sustained exploration
failure
can affect the future growth and upside potential of DNO.
Our
ability to effectively manage and deliver value from our
exploration, development and production activities is
dependent
on the quality of our staff and contractors. Inefficiency or
interruption to our supply chain or the unwillingness
of service
contractors to engage in our areas of operation
may also
negatively affect operations.