On May 15, 2006, Ecuador's minister of energy terminated Occidental's contract for the operation of Block 15, which comprises all its oil producing operations in the country. The Government of Ecuador seized Occidental's Block 15 assets shortly thereafter. The process resulting in this action began more than 2 years ago shortly after Oxy prevailed, by unanimous decision of an international arbitration panel, in a legal dispute over tax refunds that the Government of Ecuador wrongfully withheld from the company. A London court subsequently upheld the panel's decision.
As a result of the seizure, Occidental has classified its Block 15 operations as discontinued operations. In the second quarter of 2006, the company will record a net year-to-date after-tax charge of $306 million, ($0.71 per share) in discontinued operations. This discontinued operations amount comprises after-tax charges for the write-off of the investment in Ecuador, as well as ship or pay obligations entered into with OCP Pipeline to ship oil produced at Block 15, partially offset by $109 million net of tax income from operations in the first five months of 2006.
The following is a reconciliation of the first quarter 2006 net income, diluted earnings per share, and worldwide daily net production after retrospective application.
Previous Ecuador Retrospective Disclosure Reclass Application ========== ======= ============= (Amounts in $ millions) Income from continuing operations $ 1,216 $ (65) $ 1,151 Discontinued operations, net 13 65 78 ------- ------- ------- Net income $ 1,229 $ 0 $ 1,229 ======= ======= ======= Diluted Earnings per Share Income from continuing operations $ 2.83 $ (0.16) $ 2.67 Discontinued operations, net 0.03 0.16 0.19 ------- ------- ------- $ 2.86 $ 0.00 $ 2.86 ======= ======= ======= Net production per day (MBOE) 636 (44) 592
Occidental will report its Block 15 results for current and prior periods as discontinued operations in its statements of income and cash flows in accordance with Statement of Financial Accounting Standards No. 144, Accounting for the Impairment or Disposal of Long-Lived Assets. Balance sheet amounts will be reclassified to assets of discontinued operations and liabilities of discontinued operations. Oil & Gas disclosures will be adjusted to exclude the Ecuadorian operations.
On May 17, 2006, Oxy filed an arbitration claim against the Government of Ecuador, seeking redress for illegal confiscation of the company’s Block 15 operations in Ecuador. The company filed its claim with the International Centre for Settlement of Investment Disputes in Washington, D.C., invoking the protections of the U.S.-Ecuador Bilateral Investment Treaty. Occidental requested that the arbitration panel order interim relief by restoring its rights in Ecuador and preventing Ecuador from replacing Occidental with another third-party operator in Block 15 until its claims can be decided, a process that could take well over a year.
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