1102005 Informal Interpretation

Date:
Rule:
Form Item 5
Staff:
Michael Verne
Response/Comments:

  - Correct on both

Question

From: (Redacted)
Sent: Tuesday, February 15, 2011 7:34 PM
To: Verne, B. Michael
Cc: (Redacted)

Subject: RE: Item 5 questions

Mike:

Good evening. Another Item 5 questionfor your consideration:

Company A has offshore drilling/extractionoperations near continental U.S. Some of Company A's operations are in the formof non-controlled JVs (see (2) in my email below). Would the treatment ofCompany A's revenues derived from those operations depend on whether theoperations are in U.S. territorial waters (something along the lines of this http://en.wikipedia.org/wiki/Teritorial_waters)? So that:

  • If the operations are located in U.S. waters and Company A sells the product extracted through these operations through U.S. entities, we would need to include those revenues in Item 5 regardless of customer location. (The result is the same if Company A sells through non-U.S. entities.)
  • If the operations are located in non-U.S. waters and company A sells the product extracted through these operations through U.S. entities, we would need to include only the revenues from sales to U.S. customers in Item 5. If Company A sells through non-U.S. entities, we would not include any of the revenues from those sales in Item 5.
  • 3. Regardlessof whether the drilling/extraction operations occur in U.S. waters, if the product is then taken onshore, safes of the product onshore should beincluded in Item 5.

    Thank you very much in advance.

    From: (Redacted)
    Sent: Friday, July 09, 2010 10:51 PM
    To: Verne, B. Michael
    Cc: (Redacted)
    Subject: RE: Item 5 questions

    Mike,

    Sorry -just a couple more questions:

    1. In hypothetical (3) below, the revenues from thesales of products by the foreign entity to the U.S. entity within the samegroup (which the U.S. entity then resells on its own account) do not need to beincluded.

    2. The client has contractual JVs in the U.S., some of which it does not control or operate. The client owns and sells its equity percentageof product. These revenues would need to be reported regardless of the locationof customer because they are derived by the client's U.S. based entities andare of products that originate in the U.S.

    Please let me know if you agree.

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