Assuming a contract for the delivery of uranium does not contain a lease, the reporting entity should evaluate whether it is a derivative in its entirety in accordance with
ASC 815-10-15-83. Figure UP 14-2 highlights the derivative evaluation for a typical uranium purchase contract.
Figure UP 14-2
Does a typical forward contract for the delivery of uranium meet the definition of a derivative?
Notional amount and underlying
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- Notional (quantity of uranium) and underlying (the price) are usually specified.
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No initial net investment
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- No initial net investment is typically required.
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- Uranium contracts are generally physically settled; implicit net settlement is not typical but should be evaluated.
- The reporting entity should evaluate whether the contract meets the readily-convertible-to-cash criterion, considering factors such as the type of uranium, transportation costs, and contract volume.
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As noted in Figure UP 14-2, typically a forward contract for physical delivery of uranium may meet the definition of a derivative if it meets the condition of net settlement.
ASC 815-10-15-83(c)
Net settlement. The contract can be settled net by any of the following means:
- Its terms implicitly or explicitly require or permit net settlement.
- It can readily be settled net by a means outside the contract.
- It provides for delivery of an asset that puts the recipient in a position not substantially different from net settlement.
The following are considerations in assessing whether a forward contract for physical delivery of uranium has the characteristic of net settlement. See
UP 3.2.3 for further information on the overall application of the net settlement criterion.
Net settlement under contract terms
When evaluating whether the net settlement criterion is met, a reporting entity should first consider whether the contract terms explicitly or implicitly provide for net settlement of the entire contract. Forward contracts for physical delivery of uranium typically require physical delivery and do not permit explicit net settlement. However, the reporting entity should review the contract’s terms to ensure that there are no implicit net settlement terms or liquidating damage provisions that may imply that the contract could be net settled.
Net settlement through a market mechanism
In this form of net settlement, one of the parties is required to deliver an asset, but there is an established market mechanism that facilitates net settlement outside the contract.
ASC 815-10-15-110 through
ASC 815-10-15-116 provide indicators to consider in assessing whether an established market mechanism exists. A key aspect of a market mechanism is that one of the parties to the agreement can be fully relieved of its rights and obligations under the contract.
We are not aware of any markets for net settlement of forward contracts for the physical delivery of uranium in the United States in which a provider has the ability to be relieved of its full rights and obligations under a previously executed contract.
Net settlement by delivery of an asset that is readily convertible to cash
Whether there is an active spot market for the particular product being sold under the contract is the key factor in assessing whether an asset is readily convertible to cash. Reporting entities should always consider current market conditions in this analysis. To be deemed an active spot market, a market should have transactions with sufficient frequency and volume to provide pricing information that is readily available on an ongoing basis (i.e., quoted prices are readily available). See
UP 3.2.3.3 for further information on the determination of whether a market is active.
At the time of release of this guide, we understand that there are quoted prices for the physical purchase of certain types of uranium at limited locations; however, transaction volume is thin. In addition to the activity in the market, reporting entities should consider the following factors in evaluating whether the uranium in a specific contract is readily convertible to cash:
The guidance in
ASC 815-10-15-125 through
ASC 815-10-15-127 requires a reporting entity to consider conversion costs in determining whether assets are readily convertible to cash. Therefore, in evaluating a uranium contract, a reporting entity may need to consider potential transportation costs, depending on the location of purchase. If the estimated transportation costs are 10 percent or more of the gross sale proceeds (based on the spot price at the inception of the contract), the costs are considered significant, and the asset would not meet the definition of readily convertible to cash.
In assessing whether an asset is readily convertible to cash, a reporting entity should separately assess the expected quantity in each contract.
ASC 815-10-55-100 states that a reporting entity is required to consider each separate increment available.
Excerpt from ASC 815-10-55-10
Contracts shall be evaluated on an individual basis, not on an aggregate-holdings basis.
Therefore, if a reporting entity purchases 50,000 tons daily in five separate 10,000-ton contracts, it should consider each contract separately in relation to the daily market transaction volume.
ASC 815-10-55-116 further clarifies when an asset would meet the definition of readily convertible to cash.
Excerpt from ASC 815-10-55-116
[If] an active spot market for the commodity exists today and is expected to be in existence in the future for each delivery date ... under the multiple delivery supply contract.
As previously noted, there are currently limited spot transactions for the physical purchase of uranium and limited quoted forward prices. Therefore, if a reporting entity concludes that there is an active spot market that is sufficient to absorb the daily contract quantity, it should further consider the duration of the contract, which may span multiple years.
The reporting entity should also assess whether the type and quality of the uranium are consistent with the type and quality transacted in the spot market.
Overall conclusion
Based on these factors and our current understanding of the uranium markets, we believe that forward contracts for the physical delivery of uranium are not readily convertible to cash. Thus, we believe that derivative accounting is generally not applicable to these contracts. However, a reporting entity should evaluate all facts and circumstances in concluding on the appropriate accounting for a specific nuclear fuel contract. In addition, a reporting entity should monitor its conclusion periodically as markets may evolve, potentially rendering this type of contract a derivative. Finally, if the contract is an executory contract, the reporting entity should evaluate it to determine if there are any embedded derivatives that require separation.