v3.20.2
Guarantees
9 Months Ended
Sep. 30, 2020
Guarantees [Abstract]  
Guarantees
Note 11—Guarantees
 
At September 30, 2020, we were liable for certain
 
contingent obligations under various contractual
arrangements as described below.
 
We recognize a liability, at inception, for the fair value of our obligation as
a guarantor for newly issued or modified guarantees.
 
Unless the carrying amount of the liability
 
is noted
below, we have not recognized a liability because the fair value of the obligation
 
is immaterial.
 
In addition,
unless otherwise stated, we are not currently
 
performing with any significance under the guarantee
 
and expect
future performance to be either immaterial
 
or have only a remote chance of occurrence.
 
APLNG Guarantees
At September 30, 2020, we had outstanding multiple
 
guarantees in connection with our
37.5
 
percent ownership
interest in APLNG.
 
The following is a description of the guarantees
 
with values calculated utilizing
September 2020 exchange rates:
 
 
 
During the third quarter of 2016, we issued a guarantee
 
to facilitate the withdrawal of our pro-rata
portion of the funds in a project finance reserve
 
account.
 
We estimate the remaining term of this
guarantee is
10 years
.
 
Our maximum exposure under this guarantee is
 
approximately $
170
 
million
and may become payable if an enforcement action
 
is commenced by the project finance lenders
against APLNG.
 
At September 30, 2020, the carrying value of
 
this guarantee was approximately $
14
million.
 
 
In conjunction with our original purchase of an ownership
 
interest in APLNG from Origin Energy in
October 2008, we agreed to reimburse Origin Energy for
 
our share of the existing contingent liability
arising under guarantees of an existing obligation
 
of APLNG to deliver natural gas under
 
several sales
agreements with remaining terms of
1 to 22 years
.
 
Our maximum potential liability for future
payments, or cost of volume delivery, under these guarantees is estimated
 
to be $
720
 
million
($
1.3
 
billion in the event of intentional or reckless
 
breach), and would become payable if
 
APLNG fails
to meet its obligations under these agreements and
 
the obligations cannot otherwise be mitigated.
 
Future payments are considered unlikely, as the payments, or cost of volume
 
delivery, would only be
triggered if APLNG does not have enough natural
 
gas to meet these sales commitments and if
 
the
co-venturers do not make necessary equity contributions
 
into APLNG.
 
 
 
We have guaranteed the performance of APLNG with regard to certain other contracts
 
executed in
connection with the project’s continued development.
 
The guarantees have remaining terms
 
of
16 to
25 years or the life of the venture
.
 
Our maximum potential amount of future payments
 
related to these
guarantees is approximately $
120
 
million and would become payable if APLNG
 
does not perform.
 
At
September 30, 2020, the carrying value of these
 
guarantees was approximately $
7
 
million.
 
 
Other Guarantees
 
We have other guarantees with maximum future potential payment amounts totaling
 
approximately
 
$
750
 
million, which consist primarily of
 
guarantees of the residual value of leased office buildings,
 
guarantees
of the residual value of corporate aircrafts,
 
and a guarantee for our portion of a joint venture’s project finance
reserve accounts.
 
These guarantees have remaining terms
 
of
1 to 5 years
 
and would become payable if certain
asset values are lower than guaranteed amounts at
 
the end of the lease or contract term, business conditions
decline at guaranteed entities, or as a result of nonperformance
 
of contractual terms by guaranteed parties.
 
At September 30, 2020, the carrying value of these
 
guarantees was approximately $
11
 
million.
 
 
Indemnifications
Over the years, we have entered into agreements to
 
sell ownership interests in certain legal
 
entities, joint
ventures and assets that gave rise to qualifying
 
indemnifications.
 
These agreements include indemnifications
for taxes and environmental liabilities.
 
The majority of these indemnifications are related
 
to tax issues and the
majority of these expire in 2021.
 
Those related to environmental issues have terms
 
that are generally indefinite
and the maximum amounts of future payments are
 
generally unlimited.
 
The carrying amount recorded for
these indemnification obligations at September 30,
 
2020, was approximately $
50
 
million.
 
We amortize the
indemnification liability over the relevant time
 
period the indemnity is in effect, if one exists, based
 
on the
facts and circumstances surrounding each type
 
of indemnity.
 
In cases where the indemnification term
 
is
indefinite, we will reverse the liability when we have
 
information the liability is essentially
 
relieved or
amortize the liability over an appropriate time
 
period as the fair value of our indemnification
 
exposure
declines.
 
Although it is reasonably possible future payments
 
may exceed amounts recorded, due to the nature
of the indemnifications, it is not possible to make
 
a reasonable estimate of the maximum
 
potential amount of
future payments.
 
For additional information about environmental
 
liabilities, see Note 12—Contingencies and
Commitments.