Monday, March 5, 2018

BHP Billiton Ltd: Identification and assessment of business risk


Introduction


BHP being one of the major suppliers of minerals in the world and operating in multiple jurisdictions, it has exposed itself to a greater economic, political, socio-cultural and environmental risk. Together with the complexity of the business operations (ASA 315, 2015), these controllable and uncontrollable risks have pose an immense pressure on the entity’s management or those charged with governance in achieving its objectives and strategies. In this regard, the business risk, as defined in ASA 315.4 (b), is identified and assessed in the following section.


1 Samarco Mining Disaster

1.1 Identification of Business Risk

On 5th November 2015 Samarco[1] mine in Brazil failed resulted in killing 19 people and sweeping three communities in a deluge of mine tailing (ABC News, 2017) and further affecting the 260,000 people (Wainwright, 2015) of the downstream and the environment of Rio Doce basin (BHP, 2017; BHP, 2016; ABC News, 2017).

During the current financial year BHP and the Fereral Procecutors entered into an agreement to settle USD 53.6 Bn (BHP, 2017) to compensate for the loss and BHP charged with both criminal and civil law suites for their part in negligent business operations. The courts suspended the cliam during the financial year (BHP, 2017)and after the balancesheet date the trials were resumed the murder tials against BHP (The Sydney Morning Herald, 2017). This incident has cuased BHP to face multiple litigations by the government of Brazil, individuls and non-governmental organizations causing at least USD 53.6Bn and a loss of reputation. Not only the loss of revenue and inability ot achive objectives of BHP poses risk to the business, but also flaws in a product or service that may result in liabilities and reputational risk” (ASA 315, 2015, pg. 23).

2.1.2 Assessment of Business Risk
Financial year 2017 is the second year of reporting after the disaster. This incident could lead to risk of material misstatement since it has a direct impact on the financial statement, especially, BHP has made a provision of USD 1.057 Bn in the Financial Statements for the year 2017. However, as per the later conclusions reached by the courts the compensation could reach up to USD 53.6Bn. Further, as a part of the audit procedures, the auditos should assess the adequacy and the relavance of the disclosure pertaining to the incedent. Since BHP follows the equity mthod of accounting for the jontventure of Samarco and this incident could have an advserse effect through impairment.

On the otherhand, the management has not reached a conclusion as to whether the dam to be reopenned causing a doubt on the continuity. Samrco, which was producing 14.5 Mt of pellet Pellets and were independently marketed and sold to 19 countries prior to the disaster and contributed nearly 9% to the total iron ore business (BHP, 2015). Though the cesation of the dam will significantly affect the financial statement as a whole, it will not impact on the going concern of the business.


2 Dispute with ATO regarding the Transfer pricing

2.1 Identification of Business Risk
As per section A40 of ASA 315, regulatory requirements could cause a business risk. The cross border transactions inherently caused the company to have tax legislative dispute over different tax authorities. In particular, BHP is currently being audited by Australian Tax Office (ATO) for the alleged tax evasion through the transfer pricing scheme between BHP Australia and Singapore marketing hub (Khadem, 2017a ; Khadem, 2017b). The total dispute and the penalty interest have accumulated to USD 1 Bn which has not been resolved yet.
Further, ATO has released a transfer pricing guidelines early 2017 and this could have a risk that BHP is compelled to abide by that law and could result in settling USD 1 Bn tax settlement.

2.2 Assessment of Business Risk
The financial consequence of the ATO tax dispute will have an impact on the financial statements, thus, the auditor should focus on the individual account balances, the classes of transactions and the relevant disclosure requirements of the tax litigation.

3 Political Risk

3.1 Identification of Business Risk
BHP has expanded their operations and customer base to developing countries which has given rise to additional risks on compliance with regulatory and environmental legislative requirement, risk relating to bribery and corruption, civil wars and terrorism and delays and disruptions in the operations.

3.2 Assessment of Business Risk
“Most business risks will eventually have financial consequences and, therefore, an effect on the financial report” (ASA 315, 2015, pg 23). On the financial statement level, these risks together with the exchange rate risks will have an impact on revenue and receivables and ultimately on the profitability.

4 Labour dispute in Chile

2.4.1 Identification of Business Risk
Due to the dispute between BHP and the labour force in Chile, the company lost USD 1Bn (18%) revenue and the operations were ceased for 44 days. This dispute has occurred since BHP resort to reduction in cost by cutting costs relating to labour contracts in order to cope with the aftermath of China-led commodity boom (2002 -2012).


4.2 Assessment of Business Risk
This dispute is not a one off incident which resulted in loss of revenue for the current period. Chile government has introduced a new legislation which has caused higher risk of operational stoppage, increased in cost and reduction in efficiency (BHP, 2017). Though the conclusions reached by both parties were not up to their satisfaction after the government intervention, the labour union agreed to resume negotiation with BHP on the new contracts in September 2018 (Sanderson & Hume, 2017). Thus, the labour dispute will continue for the next financial year resulting in an interruption in business operations.


5 Deterioration in credit rating

5.1 Identification of Business Risk
Due to the loss of revenue from the Samarco, labour strike and the sump in the prices of commodities BHP credit rating has decreased from A3 to A1 according to rating by Credit ratings agency Moody and the debt rating has decreased from A+ to A according to the debt rating by Standard & Poor (The Australian, 2017)

5.2 Assessment of Business Risk
The deterioration of the credit ratings could increase the interest cost from the debt securities and also this could adversely affect the cost of capital. BHP employs cost of capital is used to discount the future production volumes to assess the impairment of non-current assets. Since non-current assets and the depreciation thereon are a major part of the financial statements the interest cost could result in a material change in the financial statements. Currently the firm uses 7% however, this could be assessed independently by the auditors for its relevance and reliability.





References


ABC News. (2017, January 20). BHP Billiton and Vale failing Samarco dam disaster victims: UN adviser. ABC News, pp. 1-2.
ASA 315. (2015). Identifying and assessing the risks of material isstatement through understanding the entity and Its environment. Commonwealth of Australia: Australian Auditing and Assurance Standards Board (AUASB).
BHP. (2015). Resourcing glabla growth, Annual Report. Melbourne, VIctoria: BHP BillitonLimited.
BHP. (2016). BHP Annual Report. Melbourne, Victoria: BHP Billiton Limited.
BHP. (2017). BHP Annula Report. Melbourne, Victoria: BHP Billiton Limited.
Khadem, N. (2017, May 16). ATO ramps up hunt for multinationals using cross-border finance. The Sydney Morning Herald, pp. 1-6. Retrieved January 12, 2018, from http://www.smh.com.au/business/the-economy/ato-ramps-up-hunt-for-multinationals-using-crossborder-finance-20170515-gw4zae.html
Khadem, N. (2017, September 21). BHP willing to head to court against ATO tax bill. The Sydney Morning Herald, pp. 1-6. Retrieved Janury 12, 2018, from http://www.smh.com.au/business/mining-and-resources/bhp-billiton-willing-to-head-to-court-against-ato-tax-bill-20170920-gyl5qk.html
Sanderson, H., & Hume, N. (2017, May 2). BHP Billiton has no regrets over $1bn fight with Chile workers. Financial Times, pp. 1-4. Retrieved from https://www.ft.com/content/5a767dc2-2a90-11e7-bc4b-5528796fe35c
The Australian. (2017, March 4). Moody's downgrades BHP debt. THE AUSTRALIAN, pp. 1-2.
The Sydney Morning Herald. (2017, November 14). Brazil resumes murder trial in BHP-Vale's Samarco mining disaster. Business, pp. 1-2. Retrieved January 10, 2018, from http://www.smh.com.au/business/mining-and-resources/brazil-resumes-murder-trial-in-bhpvales-samarco-mining-disaster-20171114-gzku7y.html
Wainwright, R. (2015, November 20). Samarco mine costs will make for more than one ‘difficult year’ at BHP. The Conversation, pp. 34-36.





[1] Samarco is a jointventure of BHP, having 50% ownership and BHP applies equity method of accounting for the reporting of the jontventure. BHP has the rights to assets and obligations to the liabilities of Samaco but not the ownership (BHP, 2017)

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