As filed with the Securities and Exchange Commission on May 30, 2017April 19, 2018

 

 

 

UNITED STATES


SECURITIES AND EXCHANGE COMMISSION


Washington, D.C. 20549

 

 

 

FORM 20-F


ANNUAL REPORT PURSUANT TO


SECTION 13 OR 15(d) OF


THE SECURITIES EXCHANGE ACT OF 1934

 

For the fiscal year ended December 31, 20162017

 

Commission file number: 001-34175

 

ECOPETROL S.A.


(Exact name of Registrant as specified in its charter)

 

 

 

N/A


(Translation of Registrant’s name into English)

 

 

 

REPUBLIC OF COLOMBIA


(Jurisdiction of incorporation or organization)

 

 

 

Carrera 13 No. 36 – 24


BOGOTA – COLOMBIA


(Address of principal executive offices)


Tel. (571) 234 4000

 

 

 

Andrés Felipe Sánchez

 

Investor Relations Officer


investors@ecopetrol.com.co


Tel. (571) 234 5190


Carrera 13 N.36-24 Piso 5


Bogota, Colombia


(Name, Telephone, E-Mail and/or Facsimile number and Address of Company Contact Person)

 

Securities registered or to be registered pursuant to Section 12(b) of the Act.

 

 

 

Title of each class Name of each exchange on which registered:
American Depository Shares (as evidenced by American Depository Receipts), each representing 20 common shares par value COP$609 per shareNew York Stock Exchange
Ecopetrol common shares par value COP$609 per share New York Stock Exchange (for listing purposes only)

Title of each className of each exchange on which registered:
7.625% Notes due 2019New York Stock Exchange
4.250% Notes due 2018 New York Stock Exchange
5.875% Notes due 2023 New York Stock Exchange

Title of each className of each exchange on which registered:
4.125% Notes due 2025 New York Stock Exchange
5.375% Notes due 2026 New York Stock Exchange
7.375% Notes due 2043 New York Stock Exchange
5.875% Notes due 2045 New York Stock Exchange

 

Securities registered or to be registered pursuant to Section 12(g) of the Act: None

 

Securities for which there is a reporting obligation pursuant to Section 15(d) of the Act: None

 

Indicate the number of outstanding shares of each of the issuer’s classes of capital or common stock as of the close of the period covered by the annual report.

 

41,116,694,690 Ecopetrol common shares, par value COP$609 per share

 

Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act.

 

x¨ Yes¨x No

 

If this report is an annual or transition report, indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934.

 

¨ Yesx No

 

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.

 

x Yes¨ No

 

Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).

 

N/A

 

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, or a non-accelerated filer.filer, or an emerging growth company. See definition of “large accelerated filer,” “accelerated filer, and large accelerated filer”“emerging growth company” in Rule 12b-2 of the Exchange Act. (Check one):

 

Large accelerated filerxAccelerated filer¨Non-accelerated filer¨Emerging growth company¨

��

If an emerging growth company that prepares its financial statements in accordance with U.S. GAAP, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards† provided pursuant to Section 13(a) of the Exchange Act.¨

 

† The term “new or revised financial accounting standard” refers to any update issued by the Financial Accounting Standards Board to its Accounting Standards Codification after April 5, 2012.

 

Indicate by check mark which basis of accounting the registrant has used to prepare the financial statements included in this filing:

 

¨ U.S. GAAPx  International Financial Reporting Standards as issued by
the
International Accounting Standards Board
¨ Other

 

If “Other” has been checked in response to the previous question, indicate by check mark which financial statement item the registrant has elected to follow:

 

¨ Item 17¨ Item 18

 

If this is an annual report, indicate by check mark whether the registrant is a shell company
(as defined in Rule 12b-2 of the Exchange Act).

 

¨ Yesx No

 

 

 

 

Annual Report on Form 20-F 20162017

 

1.Introduction1Introduction1
      
1.1About This Report11.1About This Report1
       
1.2Forward-looking Statements11.2Forward-looking Statements1
       
1.3Selected Financial and Operating Data21.3Selected Financial and Operating Data2
      
2.Strategy and Market Overview4Strategy and Market Overview4
      
2.1Our Corporate Strategy52.1Our Corporate Strategy5
       
3.Business Overview6Business Overview7
      
3.1Our History63.1Our History 7
       
3.2Our Corporate Structure73.2Our Corporate Structure7
       
3.3Our Business93.3Our Business8
       
3.4Exploration and Production93.4Exploration and Production9
       
 3.4.1Exploration Activities9 3.4.1Exploration Activities9
      
 3.4.1.1Exploration Activities in Colombia9 3.4.1.1Exploration Activities in Colombia9
      
 3.4.1.2Exploration Activities Outside of Colombia12 3.4.1.2Exploration Activities Outside of Colombia11
      
 3.4.2Production Activities13 3.4.2Production Activities13
     
 3.4.2.1Production Activities in Colombia14 3.4.2.1Production Activities in Colombia13
     
 3.4.2.1.1.Ecopetrol S.A.’s Production Activities in Colombia14 3.4.2.1.1Ecopetrol S.A.’s Production Activities in Colombia13
    
 3.4.2.1.2.Ecopetrol S.A.’s Affiliates and Subsidiaries’ Production Activities in Colombia19 3.4.2.1.2Ecopetrol S.A.’s Affiliates and Subsidiaries’ Production Activities in Colombia19
    
 3.4.2.2Production Activities Outside Colombia22 3.4.2.2Production Activities Outside Colombia21
      
 3.4.2.3Marketing of Crude Oil, Natural Gas and Refined Products23 3.4.2.3Marketing of Crude Oil, Natural Gas and Refined Products22
     
 3.4.3Reserves25 3.4.3Reserves24
       
 3.4.4Joint Venture and Other Contractual Arrangements30 3.4.4Joint Venture and Other Contractual Arrangements30
      
3.5Transportation and Logistics343.5Transportation and Logistics34
       
 3.5.1.1Transportation Activities34 3.5.1.1Transportation Activities34
      
 3.5.1.2Pipelines37 3.5.1.2Pipelines36
     
 3.5.1.3Export and Import Facilities39 3.5.1.3Export and Import Facilities37
   
 3.5.2Other Transportation Facilities39

iii 

i

 

 

  3.5.3Marketing of Transportation Services39
     
 3.6Refining and Petrochemicals40
     
  3.6.1Refining40
      
   3.6.1.1Barrancabermeja Refinery40
      
   3.6.1.2Reficar41
      
   3.6.1.3Polipropileno del Caribe S.A.43
      
   3.6.1.4Biofuels43
      
  3.6.2Marketing and Supply of Refined Products44
      
 3.7Research and Development; Intellectual Property44
    
 3.8Applicable Laws and Regulations44
      
  3.8.1Regulation of Exploration and Production Activities44
      
   3.8.1.1Business Regulation44
       
    3.8.1.1.1.Environmental Licensing and Prior Consultation45
       
    3.8.1.1.2.Royalties46
       
  3.8.2Regulation of Transportation Activities47
     
  3.8.3Regulation of Refining and Petrochemical Activities48
      
   3.8.3.1Regulation of Liquefied Petroleum Gas (LPG) and Liquid Fuels48
      
   3.8.3.2Regulation Concerning Production and Prices49
      
   3.8.3.3Regulation of Biofuel and Related Activities50
      
  3.8.4Regulation of the Natural Gas Market51
     
 3.9Sustainability Initiatives52
      
  3.9.1HSE 52
    
   3.9.1.1Ecopetrol S.A.52
      
   3.9.1.2Cenit54
      
   3.9.1.3Refinería de Cartagena55
     
  3.9.2Human Rights55
     
  3.9.3Environmental Sustainability56
     
   3.9.3.1

Environmental Practices

56
 3.5.2Other Transportation Facilities38
    
 3.5.3Marketing of Transportation Services38
    
3.6Refining and Petrochemicals38
   
 3.6.1Refining38
    
  3.6.1.1Barrancabermeja Refinery39
     
  3.6.1.2Reficar40
     
  3.6.1.3Polipropileno del Caribe S.A.42
     
  3.6.1.4Biofuels42
     
 3.6.2Marketing and Supply of Refined Products42
    
3.7Research and Development; Intellectual Property42
   
3.8Applicable Laws and Regulations43
   
 3.8.1Regulation of Exploration and Production Activities43
    
  3.8.1.1Business Regulation43
     
   3.8.1.1.1Environmental Licensing and Prior Consultation44
      
   3.8.1.1.2Royalties45
     
 3.8.2Regulation of Transportation Activities46
    
 3.8.3Regulation of Refining and Petrochemical Activities47
    
  3.8.3.1Regulation of Liquefied Petroleum Gas (LPG) and Liquid Fuels48
     
  3.8.3.2Regulation Concerning Production and Prices48
     
  3.8.3.3Regulation of Biofuel and Related Activities50
     
 3.8.4Regulation of the Natural Gas Market50
    
3.9Sustainability Initiatives52
   
 3.9.1HSE 52
     
  3.9.1.1Ecopetrol S.A.52
     
  3.9.1.2Cenit55
     
  3.9.1.3Refinería de Cartagena55
     
 3.9.2Human Rights56
    
 3.9.3Environmental Sustainability56

 

iv 

ii

 

 

  3.9.4Energy Projects57
     
 3.10Related Party and Intercompany Transactions57
    
 3.11Insurance62
    
 3.12Human Resources/Labor Relations63
     
  3.12.1Employees63
     
  3.12.2Collective Bargaining Arrangements64
     
4.Financial Review65
    
 4.1Factors Affecting Our Operating Results66
    
 4.2Effect of Taxes, Exchange Rate Variation, Inflation and the Price of Oil on our Results67
     
  4.2.1Taxes67
     
  4.2.2Exchange Rate Variation68
     
  4.2.3Effects of Inflation69
     
  4.2.4Effects of the Price of Oil70
     
 4.3Accounting Policies70
    
 4.4Critical Accounting Judgments and Estimates70
    
 4.5Operating Results70
     
  4.5.1Consolidated Results of Operations70
     
   4.5.1.1Total Revenues72
     
   4.5.1.2Cost of Sales73
     
   4.5.1.3Operating Expenses before impairment of non-current assets effects75
     
   4.5.1.4Impairment of non-current assets75
     
   4.5.1.5Finance Results, Net76
     
   4.5.1.6Income Tax77
     
   4.5.1.7Net Income (Loss) Attributable to Owners of Ecopetrol77
     
   4.5.1.8Segment Performance and Analysis77
     
   4.5.1.9Exploration and Production Segment Results78
     
   4.5.1.10Transportation and Logistics Segment Results82
     
   4.5.1.11Refining and Petrochemicals Segment Results83
   3.9.3.1Environmental Practices56
      
  3.9.4Energy Initiatives57
     
 3.10Related Party and Intercompany Transactions57
    
 3.11Insurance62
    
 3.12Human Resources/Labor Relations64
    
  3.12.1Employees64
     
  3.12.2Collective Bargaining Arrangements65
     
4.Financial Review66
     
 4.1Factors Affecting Our Operating Results67
    
 4.2Effect of Taxes, Exchange Rate Variation, Inflation and the Price of Oil on our Results68
    
  4.2.1Taxes68
      
  4.2.2Exchange Rate Variation70
     
  4.2.3Effects of Inflation71
     
  4.2.4Effects of the Price of Oil71
     
 4.3Accounting Policies72
    
 4.4Critical Accounting Judgments and Estimates72
    
 4.5Operating Results73
     
  4.5.1Consolidated Results of Operations73
     
   4.5.1.1Total Revenues73
      
   4.5.1.2Cost of Sales74
      
   4.5.1.3Operating Expenses before impairment of non-current assets effects75
      
   4.5.1.4Impairment of non-current assets76
      
   4.5.1.5Finance Results, Net77
      
   4.5.1.6Income Tax78
      
   4.5.1.7Net Income (Loss) Attributable to Owners of Ecopetrol78
      
   4.5.1.8Segment Performance and Analysis79
      
   4.5.1.9Exploration and Production Segment Results80
      
   4.5.1.10Transportation and Logistics Segment Results83

 

iii

 

 

 4.5.1.11Refining and Petrochemicals Segment Results84
   
4.6Liquidity and Capital Resources844.6Liquidity and Capital Resources85
      
 4.6.1Review of Cash Flows85 4.6.1Review of Cash Flows86
     
 4.6.2Capital Expenditures86 4.6.2Capital Expenditures87
     
 4.6.3Dividends86 4.6.3Dividends87
     
4.7Summary of Differences between Internal Reporting (Colombian IFRS and IFRS)864.7Summary of Differences between Internal Reporting (Colombian IFRS and IFRS)87
      
4.8Financial Indebtedness and Other Contractual Obligations884.8Financial Indebtedness and Other Contractual Obligations89
      
4.9Off Balance Sheet Arrangements894.9Off Balance Sheet Arrangements90
      
4.10Trend Analysis and Sensitivity Analysis894.10Trend Analysis and Sensitivity Analysis91
     
5.Risk Review92Risk Review93
    
5.1Risk Factors925.1Risk Factors93
     
 5.1.1Risks Related to Our Business92 5.1.1Risks Related to Our Business93
     
 5.1.2Risks Related to Colombia’s Political and Regional Environment103 5.1.2Risks Related to Colombia’s Political and Regional Environment104
     
 5.1.3Legal and Regulatory Risks106 5.1.3Legal and Regulatory Risks107
     
 5.1.4Risks Related to our ADSs108 5.1.4Risks Related to Our ADSs109
     
 5.1.5Risks Related to State Ownership111 5.1.5Risks Related to State Ownership111
     
5.2Risk Management1115.2Risk Management111
     
 5.2.1Managing Risk through our Internal Control System111 5.2.1Managing Risk through Our Internal Control System111
     
 5.2.2Managing Information Security and Cybersecurity112 5.2.2Managing Information Security and Cybersecurity113
     
 5.2.3Managing Financial Risk113 5.2.3Managing Financial Risk113
     
5.3Legal Proceedings and Related Matters1155.3Legal Proceedings and Related Matters115
     
6.Shareholder Information118Shareholder Information120
    
6.1Shareholders’ General Assembly1186.1Shareholders’ General Assembly120
      
6.2Dividend Policy1196.2Dividend Policy121
      
6.3Market and Market Prices1196.3Market and Market Prices121
      
6.4Ecopetrol ADR Program Fees1226.4Ecopetrol ADR Program Fees124
      
6.5Taxation1236.5Taxation125
     
 6.5.1Colombian Tax Considerations123 6.5.1Colombian Tax Considerations125
  
 6.5.2U.S. Federal Income Tax Consequences127

 

vi 

iv

 

 

 6.5.2U.S. Federal Income Tax Consequences129
   
6.6Exchange Controls and Limitations1306.6Exchange Controls and Limitations132
      
6.7Exchange Rates1316.7Exchange Rates133
      
6.8Major Shareholders1326.8Major Shareholders134
      
6.9Enforcement of Civil Liabilities1326.9Enforcement of Civil Liabilities134
      
7.Corporate Governance134Corporate Governance136
     
7.1Bylaws1347.1Bylaws136
      
7.2Code of Ethics1377.2Code of Ethics140
      
7.3Board of Directors1387.3Board of Directors140
     
 7.3.1Board Practices140 7.3.1Board Practices142
    
 7.3.2Board Committees141 7.3.2Board Committees143
     
7.4Compliance with NYSE Listing Rules1427.4Compliance with NYSE Listing Rules144
      
7.5Management1437.5Management146
      
7.6Compensation of Directors and Management1477.6Compensation of Directors and Management149
      
7.7Share Ownership of Directors and Executive Officers1477.7Share Ownership of Directors and Executive Officers149
      
7.8Controls and Procedures1477.8Controls and Procedures149
      
8.Financial Statements151Financial Statements152
    
9.Signature Page152Signature Page153
    
10.Exhibits153Exhibits154
    
11.Cross-reference to Form 20-F154Cross-reference to Form 20-F155

 

vii 

v

 

 

1.Introduction

 

1.1About This Report

1.1       About This Report

 

We file our Annual Report on Form 20-F and other information with the U.S. Securities and Exchange Commission.

 

We file reports, including annual reports on Form 20-F, and other information with the SEC pursuant to the rules and regulations of the SEC that apply to foreign private issuers. You may read and copy any materials filed with the SEC in the SEC’s public reference room at 100 F Street, NE, Washington, D.C. 20549. Please call the SEC at 1-800-SEC-0330 for further information on the operation of the public reference room. Any filings we make are also available to the public over the Internet at the SEC’s website at www.sec.gov and at our website at www.ecopetrol.com.co. (This URL is intended to be an inactive textual reference only. It is not intended to be an active hyperlink to our website. The information on our website, which might be accessible through a hyperlink resulting from this URL, is not and shall not be deemed to be incorporated into this annual report.)

 

Unless the context otherwise requires, the terms “Ecopetrol”, “we”, “us”, “our” or the “Company” are used in this annual report to refer to Ecopetrol S.A. and its subsidiaries on a consolidated basis.

 

References to the Nation in this annual report relate to the Republic of Colombia (“Colombia”), our controlling shareholder. References made to the Colombian government or the Government correspond to the executive branch including the President of Colombia, the ministries and other governmental agencies responsible for regulating our business.

 

1.2Forward-looking Statements

1.2       Forward-looking Statements

 

This annual report on Form 20-F contains forward-looking statements within the meaning of the safe harbor provisions of the U.S. Private Securities Litigation Reform Act of 1995. These statements are not based on historical facts and reflect our expectations for future events and results. Most facts are uncertain because of their nature. Words such as “anticipate”, “believe”, “could”, “estimate”, “expect”, “should”, “plan”, “potential”, “predicts”, “prognosticate”, “project”, “target”, “achieve” and “intend”, among other similar expressions, are understood as forward-looking statements. We have made forward-looking statements that address, among other things:

 

·our exploration and production activities, including drilling;

 

·import and export activities;

 

·our liquidity, cash flow, and sources of funding;

 

·our projected and targeted capital expenditures and other cost commitments and revenues; and

 

·dates by which certain areas will be developed or will come on-stream.

 

Our forward-looking statements are not guarantees of future performance and are subject to assumptions that may prove incorrect and to risks and uncertainties that are difficult to predict. Actual results could differ materially from those expressed or forecastforecasted in any forward-looking statements as a result of a variety of factors. These factors may include, but are not limited to, the following:

 

·general economic and business conditions, including crude oil and other commodity prices, refining margins and prevailing exchange rates;

 

·competition;

 

·our ability to obtain financing;

 

1

·our ability to find, acquire or gain access to additional reserves and our ability to develop existing reserves;

1

 

·uncertainties inherent in making estimates of our reserves;

 

·significant political, economic and social developments in Colombia and other countries where we do business;

 

·natural disasters, military operations, terrorist acts, wars or embargoes;

 

·regulatory developments, including regulations related to climate change;

 

·receipt of government approvals and licenses;

 

·technical difficulties; and

 

·other factors discussed in Section 5.1 of this document as “Risk Factors.”

 

All forward-looking statements attributed to us are qualified in their entirety by this cautionary statement. We undertake no obligation to publicly update or revise any forward-looking statements, whether as a result of new information or for any other reason. Accordingly, readers should not place undue reliance on the forward-looking statements contained in this annual report.

 

1.3Selected Financial and Operating Data

1.3       Selected Financial and Operating Data

 

The following table sets forth, for the periods and at the dates indicated, our selected historical financial and certain key operating data. The selected financial data has been derived from and should be read in conjunction with, and is qualified in its entirety by reference to, our consolidated audited financial statements, presented in Colombian Pesos.

 

Table 1 – Selected Operating Data

 

Operating Information 2016  2015  2014  2013  2012  2017  2016  2015  2014  2013 
Oil and gas production (mboed)  717.9   760.7   755.4   788.2   754.0   715.1   717.9   760.7   755.4   788.2 
Proved oil and gas reserves (Mmboe)(1)  1,598   1,849   2,084   1,972   1,877   1,659   1,598   1,849   2,084   1,972 
Exploratory Wells(2)  6   5   28   22   23   20   6   5   28   22 
Refinery Through-put (bpd)(3)  332,751   234,861   240,484   283,362   296,340   347,483   332,751   234,861   240,484   283,362 
1P Reserves replacement ratio  (7%)  6%  146%  139%  108%  126%  (7)%  6%  146%  139%

 

(1)For 2017, 2016, 2015 and 2014, proved reserves include natural gas royalties. Data for 2012 and 2013 excludes natural gas royalties. Data for all years excludes crude oil royalties.

(2)Gross exploratory wells.

(3)Refinery through-put includes Barrancabermeja, Reficar, Apiay and Orito. Reficar operations were shut down in March 2014 for the expansion and modernization plan. The new crude unit began start-up process in October 2015. During 2016, Reficar was under stabilization, withand commenced full operation in July 2016. The refinery’s global performance testing was successfully completed in the fourth quarter of 2017, resulting in the start of the refinery’s optimization and continuous operation stage.

 

2

Financial Information

 

International Financial Reporting Standards (“IFRS”)

 

(Expressed in millions of Colombian Pesos, except for the net income per share and net operating income per share, which are expressed in Colombian Pesos)

 

Table 2 – Selected Financial Data

 

Financial Information 2016  2015 
Revenue  48,485,561   52,347,271 
Operating income  8,904,548   2,131,165 
Net income (loss) attributable to Ecopetrol’s shareholders  2,447,881   (7,193,859)
Net operating income per share  217   52 
Weighted average number of shares outstanding  41,116,694,690   41,116,694,690 
Earnings(loss) per share (basic and diluted)  59.5   (175.0)
Total assets  120,437,924   123,588,190 

Financial Information 2016  2015 
Total equity  43,560,501   43,100,963 
Subscribed and paid-in capital  25,040,067   25,040,068 
Number of common shares  41,116,694,690   41,116,694,690 
Dividends declared per share  23   - 
Total liabilities  76,877,423   80,487,227 

2

Financial Information 2017  2016  2015  2014 
Revenue  55,954,228   48,485,561   52,347,271   65,971,888 
Operating income  16,171,855   8,904,548   2,131,165   14,449,027 
Net income (loss) attributable to Ecopetrol’s shareholders  7,178,539   2,447,881   (7,193,859)  5,046,517 
Net operating income per share  393   217   51.8   351.4 
Weighted average number of shares outstanding  41,116,694,690   41,116,694,690   41,116,694,690   41,116,698,456 
Earnings(loss) per share (basic and diluted)  175   59.5   (175.0)  122.7 
Total assets  117,847,412   118,958,977   123,588,190   110,923,851 
Total equity  48,215,699   43,560,501   43,100,963   48,534,228 
Subscribed and paid-in capital  25,040,067   25,040,067   25,040,068   10,279,175 
Number of common shares  41,116,694,690   41,116,694,690   41,116,694,690   41,116,698,456 
Dividends declared per share  89   23   -   133 
Total liabilities  69,631,713   75,398,476   80,487,227   62,389,623 

 

Our consolidated financial statements for the years ended December 31, 2014, 2015, 2016 and 20162017 were prepared in accordance with IFRS as issued by IASB. References in this annual report to IFRS mean IFRS as issued by the IASB. Our date of transition to IFRS was January 1, 2014. Our consolidated financial statements for the year ended December 31, 2015 were our first set of consolidated financial statements prepared in accordance with IFRS.

 

IFRS differs in certain significant aspects from the current reporting standards as in effect in Colombia (“Colombian IFRS”)), which is the accounting standard we use for local reporting purposes. As a result, our financial information presented under IFRS is not directly comparable to our financial information presented under Colombian IFRS. For a description of the differences between Colombian IFRS and IFRS see sectionFinancial ReviewSummary of Differences between Internal Reporting Policies and IFRS.

 

Our consolidated financial statements were consolidated line by line and all transactions and balances between subsidiaries have been eliminated. These financial statements include the financial results of all subsidiary companies controlled, directly or indirectly, by Ecopetrol S.A. See Exhibit 1 – Consolidated companies, associates and joint ventures, to our consolidated financial statements included in this annual report.

 

As indicated in paragraphs 9 and 18 of the International Accounting Standard 27 “Consolidated and Separated Financial Statements” we must present our financial information on a consolidated basis as if we were a single entity, combining the financial statements of Ecopetrol S.A. and its subsidiaries line by line, adding assets, liabilities, shareholder’s equity, revenues and expenses of similar nature, removing the reciprocal items among members of the Ecopetrol Group and recognizing non-controlling interest. We present our operating information on a consolidated basis.

 

The regulations of the SEC do not require foreign private issuers that prepare their financial statements on the basis of IFRS to reconcile such financial statements to U.S. GAAP. Accordingly, while we have in the past reconciled our consolidated financial statements prepared in accordance with Colombian Government Entity GAAP to U.S. GAAP, those reconciliations are no longer presented in our filings before the SEC. We do continue to provide the disclosure required under the U.S. Financial Accounting Standards Board (FASB) Accounting Standards Codification (ASC) Topic 932 “Extractive Activities—Oil and Gas” (which we refer to as ASC Topic 932), as this is required regardless of the basis of accounting on which we prepare our financial statements. Other than as required under ASC Topic 932, any references to accounting treatments under Colombian Government Entity GAAP or U.S. GAAP relate solely to the application of Colombian Government Entity GAAP or U.S. GAAP to our historical consolidated financial statements.

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In this annual report, references to “US$” or “U.S. dollars” are to United States dollars and references to “COP$,” “Colombian Peso” or “Colombian Pesos” are to Colombian Pesos, the Ecopetrol Group’s functional and presentation currency under which we prepare our consolidated financial statements. This annual report translates certain Colombian Peso amounts into U.S. dollars at specified rates solely for the convenience of the reader. Unless otherwise indicated, such Colombian Peso amounts have been translated at the rate of COP$3,053.422,951.15 per US$1.00, which corresponds to theTasa Representativa Promedio del Mercado(TRM), or Average Representative Market Exchange Rate, for 2016.2017. Such conversion should not be construed as a representation that the Colombian Peso amounts correspond to, or have been or could be converted into, U.S. dollars at that rate or any other rate. On May 26, 2017,April 16, 2018, the Representative Market Exchange Rate was COP$2,911.662,705.34 per US$1.00.

 

Certain figures shown in this annual report have been subject to rounding adjustments and, accordingly, certain totals may therefore not precisely equal the sum of the numbers presented. In this annual report a billion is equal to one with nine zeros.

 

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2.Strategy and Market Overview

 

Due to market imbalances, there was a sharp contraction in crude oil price, particularly in the first quarter of 2016. As demand proved to sustain itself while producers implemented previously announced capital expenditure reduction decisions that encompassed the adjustments necessary under the new price environment, the market began its path towards tighter balances (see Graph 1 – Supply/Demand vs ICE Brent price evolution). Although oil prices have recovered fromAfter experiencing the lowest prices during the oil crisis, high levels of uncertainty persist indicating a less than smooth recovery. Nonetheless, the changeprice level in OPEC’s stance, announced at the end of Septemberrecent years in 2016, and later ratified in early December 2016, towards coordinated production cuts provided a lift that allowed the ICE Brent price underwent a gradual recovery during the second half of 2017. The agreement to endcut production between OPEC and some Non-OPEC producers in 2017 was the year above US$55 per barrel.key factor that boosted the crude market towards a path of rebalancing. In addition, price levels were also supported by lower supply in the Middle East and North Africa as a result of unrest and political tensions. On the other hand, the demand for crude oil was favored by improved economic performance in emerging countries, growing import requirements from independent refiners in China and the building of petroleum reserves in Asian countries.

According to estimates of the Energy Information Administration (“EIA”), in 2017 global oil demand grew 0.89 mboepd in excess of total supply. Non-OPEC supply climbed 0.7 mboepd, primarily due to higher US production. On the other hand, OPEC, in compliance with the cut agreement, reduced its crude flow ex NGLs by 0.24 mboepd, mainly in Saudi Arabia (-0.33 mboepd) and Venezuela (-0.26 mboepd). Global demand surprised the market by increasing 1.63 mboepd, mainly due to greater demand in Non-OECD countries.

 

Graph 1 – Supply/Demand Balance vs ICE Brent Price Evolution

 

  

Source: PIRA Energy Group,S&P Global Platts, Pira World Oil Market Forecast (February 28, 2017)27, 2018)

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Although international oil prices and global demand and supply dynamics are significant factors affecting our business and financial condition, Colombia’s local economic factors have also influenced and could continue to influence our performance given that we conduct most of our business in Colombia.

 

The performance of Colombia’s gross domestic product (GDP) is one of the main drivers of fuel consumption in Colombia. According to the National Administrative Department of Statistics (DANE for its acronym in Spanish), during 20162017 Colombia’s GDP grew 2%1.8% in real terms, as compared to 2015.2016. The industries with the greatest growth ratesbest performance were financial institutions, insurance, real estate and business services, construction and manufacturing.agriculture. On the other hand, mining, construction and transportation had the industry with the largest drop in growth was mining.worst performance. Local sales of liquid fuels (diesel, gasoline, jet fuel and LPG) increased by 2% mainly due to the increase in3%, boosted by higher sales of gasoline. Gasoline domestic sales were more competitive than its substitutes due to its price decreasegasoline and fewer than expected conversions to natural gas for vehicles (NGV) in Colombia.diesel.

 

In 2016, there were no major changesNatural gas demand in Colombia fell 7% in 2017 due to lower natural gas regulation. With respectdemand from power plants compared to 2016 when the “El Niño phenomenon” occurred. Although sales were affected by this factor, Ecopetrol’s short term strategy was focused on promoting demand to mitigate the impact on sales. According to the Energy and Mines Planning Unit (UPME for its acronym in Spanish), under the medium scenario of supply and demand for October 2017, the Colombian natural gas supply, in November 2016,market might experience a new regasification plant located in Cartagena became available, meaning that Colombia is now connected to the international LNG market and LNG prices will be a reference for national gas prices.deficit after 2024.

 

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2.1       Our Corporate Strategy

2.1Our Corporate Strategy

 

The low oil price environment present at the end of 2015 and the beginning of 2016 led to a revision of our business plan 2015-2020, originally launched in May 2015, with a price scenario of US$80 per barrel. Our new 2017-2020 business plan is focused on value generation, profitability and financial sustainability under a price scenario of US$50 per barrel, and allows for considerable upsides in case of potential price increases. For example, if prices wereThe plan, released in the third quarter of 2016, has been adjusted to increase to an averagea lower price environment of US$7050 per barrel production by 2020 could reach 830 thousand barrels equivalent per day, or 16% over the current production.on average.

 

The three pillars of the plan are: (i) cash flow focus and cost efficiency, (ii) strict capital discipline and (iii) profitable reserves and production growth.

 

Cash flow focus and cost efficiency: In 2015, we launched the 2015-2020 Transformation Program (the “Transformation Program”) with a goal of increasing our efficiency and decreasing cost.costs. The Transformation Program has allowed us to decrease structural costs by US$1.52.4 billion compared to 2014. Such reduction has been accomplished due to the implementation of initiatives through our different business segments and corporate areas.

The new business plan entails a second phase of the Transformation Program, with activities aimed to achieve excellence in project planning and execution as well as in our production, transportation, refining and marketing operations.

 

Capital discipline: We have preserved a rigorous level of capital discipline through the adjustment of investmentsproject planning processes and the adoption of strict controls to ensure that projects are delivered efficiently, and within the expected time frame and budget. budget, and generate adequate return on investments. For this purpose, Ecopetrol S.A. created the Vicepresidency of Projects and Engineering to provide best-in-class project delivery, through “Ecopetrol Project Development” (“EDP”). EDP is the framework for maturing opportunities and employs best practice guidelines for projects. It is consistently applied with maximum synergy and standardization between Upstream, Midstream and Downstream projects.

The plan calls for investments of approximately US$13 billion between 2017 and 2020. By 2020, approximately 90%80-90% of this investment will be allocated to the development of exploration and productionupstream projects, while investments in transportation and refining will seek to improve operational integrity and reliability.

As part of capital discipline, Ecopetrol is currently engaged in the divestment of non-strategic assets and the sale of minor fields, and has also defined a dividend policy as described inSection 6.2 Dividend Policy.

 

Profitable growth in production and exploration: One of the pillars of the revised business plan is the view that a strong production portfolio and a greater exploratory success will bring about profitable growth. Under a price scenario of US$50 per barrel, production should average 760740-760 thousand barrels of oil equivalent per day by 2020, an approximately 6% growth from 2016.2017. Approximately 94%98% of this production will come from the current producing assets.

 

In exploration, the plan estimates the incorporation of approximately 1,000 million barrels of contingent resources. In respect of adding reserves, we highlight the results of the exploratory campaigns in the Colombian Caribbean offshore and the U.S. Gulf of Mexico in the United States. Mexico.

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During the period 20172016 – 2020, Ecopetrol expects to add 600 million barrels of proven reserves from current fields and exploration. Further, the business plan’s financial flexibility will allow Ecopetrol to evaluate inorganic growth opportunities to accelerate reserves addition.

 

ConsistentAs part of our long-term strategic planning process, we are in the process of developing strategic guidelines for the following years (“Strategy 2020+”). This analysis takes into account financial and sustainability parameters, operational excellence, portfolio diversification and synergies through the entire value chain. Strategy 2020+ will harmonize the requirements of the Upstream, Downstream and Midstream businesses, plus corporate areas, thus consolidating the long-term strategy of Ecopetrol.

In line with the business plan, update, in November 2016,2017, the board of directors of Ecopetrol (“Board of Directors”)Directors approved a US$3.53.5-$4.0 billion investment plan for 2017.2018. The Ecopetrol Group will continueplans to produce an average of about 715715-725 thousand barrels of oil equivalent per day during 2017. This production level lays the foundation for Ecopetrol’s expected increase in production by 2020.

Most of the investment will be in exploration and production. In refining, petrochemicals and biofuels, and transportation and logistics, investments will be made to comply with integrity and operational requirements as well as project completion.2018. The table below sets forth the details of the investment plan per business segment.

 

Table 3 – 20172018 Investment Plan

 

Business Segment Millions of US$(1)  % Percentage 
Exploration 650   18.6%
Production  2,200   62.9%
Transportation and Logistics  265   7.6%
Refining, Petrochemicals, and Biofuels  360   10.3%
Others  25   0.6%
TOTAL 3,500   100%
Business SegmentMillions of US$(1)%Percentage(2)
Exploration400 - 45011%
Production2,580 – 2,95074%
Transportation and Logistics270 - 3008%
Refining, Petrochemicals, and Biofuels220 - 2506%
Others30 - 501%
TOTAL3,500- 4,000100%

 

(1)Rounded figures.

5(2)Percentage over the upper range

 

Exploration

 

In the exploration segment, US$650400-US$450 million will be allocated mainly to the evaluation and appraisal of discoveries and ongoing exploration efforts of Ecopetrol S.A. (approximately US$460 million)49%), Hocol S.A. (“Hocol”) (approximately US$114 million)17%), Ecopetrol America Inc. (approximately US$11 million)9%), ECP Hidrocarburos Mexico (approximately 4%), Ecopetrol Costa Afuera (approximately US$44 million)17%) and Ecopetrol Brazil (approximately US$21 million)4%).

 

Production

 

In the production segment, US$1,9772,580-US$2,950 million will be allocated mainly to the execution of development and incremental production projects in theof Ecopetrol S.A. (approximately 94%) primarily at Akacias-CPO09, Castilla, Cupiagua-Cusiana, La Cira-Infantas, Piedemonte, Rubiales, Yarigui-Cantagallo, La Cira - Infantas, Tibú, Piedemonte, Chichimene, Quifa, Provincia and Cusiana-Cupiagua fields (approximately US$1,147 million).Llanito-Lisama fields. We have also allocated funds for our affiliates and subsidiaries as follows: US$64 millionapproximately 2% for the operation and maintenance of fields of Ecopetrol America Inc. in the U.S. Gulf of Mexico, US$88 millionapproximately 3% to Hocol, US$63 millionapproximately 1% to Equion and US$8 million to Savia.

 

Transportation and logistics

 

In the transportation and logistics segment, US$138270-US$300 million will be allocated to investments focused on the completion of projects such as San Fernando-Monterreyrisk mitigation and transportation of heavy crude oils as well as crude oil dilution projects.maintenance. The segment is seeking a higher efficiency in operations and maintenance practices.

 

Refining, petrochemicals and biofuels

 

In the refining, petrochemicals and biofuels segment, US$105220-US$250 million will be allocated to Reficar, US$150 million to programs to improve operations at Reficar and the Barrancabermeja Refineryrefinery through initiatives aimed to increase revenues, enhancing integrity management, improve efficiency and reduce operational costs and US$82 million to Bioenergy.costs. The segment is seeking a higher efficiency in operations and maintenance practices. It is importantIn accordance with the capital discipline criteria we established to highlight thatensure growth and financial sustainability, the Barrancabermeja Refineryrefinery modernization plan will continue to be delayed untilsuspended. Meanwhile, Ecopetrol continues to analyze and implement alternatives for improving the competitiveness of this refinery including, among others, the use of other sources of crude oil price environment allows investments to be made in such a major project. The mode of execution will be defined in this context, after analyzing alternatives which include a modular option in timeas well as removing operational and investment.logistical restrictions.

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3.Business Overview

 

3.1Our History

3.1       Our History

 

We were formed in 1951 by the Colombian government asEmpresa Colombiana de Petróleos and began operating the crude oil fields at La Cira-Infantas, the oldest Colombian oil field whose production started in 1918, and the pipeline that connected that field with the Barrancabermeja Refinery and the port of Cartagena. In 1961, we assumed the direct operation of the Barrancabermeja Refinery and continued its transformation into an industrial complex. In 1974, we acquired the Cartagena Refinery, which had been in operation since 1957. Pursuant to Decree 0062 of 1970, we were transformed into a governmental industrial and commercial company.

 

In 2003 pursuant to Decree Law 1760, theAgencia Nacional de Hidrocarburos - National Hydrocarbons Agency (the “ANH”) was created and Ecopetrol´sEcopetrol’s public role as administrator and regulator of the national hydrocarbons resources was transferred to the ANH. Ecopetrol modified its organic structure and became Ecopetrol S.A., a public stock-holding corporation, one hundred percent state-owned, and continued the development of exploration and production activities in a competitive basis with autonomy over our business decisions. Since 2006, according to Law 1118, we have been evolving from a wholly state-owned entity to a mixed-economy company with private capital. This process has resulted in a substantial change in the legal framework to which we are subject and in the nature of our relationship with the Nation. Nation, as our controlling shareholder. As of March 23, 2018, pursuant to our amended bylaws, the duration of the Company is 100 years.

We carried out our initial public offering in November 2007 when our common shares became listed on the Colombian Stock Exchange. Our American Depository Shares (“ADSs”) were listed on the New York Stock Exchange in 2008. Starting in August 2010, our ADSs began trading on the Toronto Stock Exchange (“TSX”) under the symbol “ECP.” On February 17, 2016, we announced our application for voluntary delisting from the TSX. On March 2, 2016, our ADR´sADR’s were officially delisted from the TSX. On December 7, 2017, we applied to the Alberta Securities Commission and the Ontario Securities Commission to cease our reporting requirements due to our delisting process and are currently awaiting responses from both. In the meantime, we continue to be subject of the reporting requirements of such Commissions.

 

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3.2       Our Corporate Structure

3.2Our Corporate Structure

 

We operate in the following business segments: i) Exploration and Production; ii) Transportation and Logistics; iii) Refining, Petrochemicals, and Biofuels.

 

Our subsidiaries Refinería de Cartagena (Reficar), Cenit and Ocensa are significant subsidiaries as such term is defined under SEC Regulation S-X.

 

We have a number of directly and indirectly held subsidiaries both in Colombia and abroad. Our subsidiaries are either directly owned by us or indirectly owned by us through one or more of our other subsidiaries. As of March 31, 2017,2018, we have eight9 directly owned and 2029 indirectly owned subsidiaries.

 

During 2016,2017, the following changes were made to the Ecopetrol Group’s structure:

 

·In January 2016, we organized a new wholly-owned subsidiary, Ecopetrol Costa Afuera Colombia S.A.S., which will be responsible for offshore exploration and production activities in Colombia. The new subsidiary seeks to develop offshore activities in Colombia, which the Company currently carries out as operator and non-operator, and take advantage of the benefits of Decree 2682/14, pursuant to which the conditions and requirements are established for declaring the existence of permanent offshore free trade zones.

·Polipropileno del Caribe S.A. (Propilco), a wholly owned subsidiary, incorporated Esenttia Resinas del Peru S.A.C in Peru. This new company is wholly indirectly owned by Ecopetrol S.A. For Propilco, the creation of this new company represents an opportunity to strengthen the company’s commercial strategy in Peru.

·The process of reorganizing Ecopetrol S.A.’s indirect participation in Oleoducto de Colombia S.A. (“ODC”) (held through Equion Energia Limited) was successfully completed. As a result of this reorganization, Equion transferred 100% of the shares issued by Sento S.A.S. (“Sento”) to Cenit S.A.S.(“Cenit”), and consequently Sento S.A.S. became the holder of 7.43% of the outstanding capital stock in ODC. However, this restructuring had no impact on our consolidated financial statements.

·(i)In January 2017, the merger by absorption between Sento and Cenit was completed, with the latter being the absorbing company as of January 6, 2017. As a result, Cenit is now the direct holder of a 51.28% equity interest in the outstanding capital stock of ODC.However, this restructuring had no impact on our consolidated financial statements.

 

(ii)In August 2017, Ecopetrol S.A. incorporated a subsidiary ECP Hidrocarburos Mexico S.A.de C.V., which will be responsible for exploration and production activities in Mexico.

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(iii)In August 2017, Ecopetrol S.A. wound up certain foreign subsidiaries, namely Ecopetrol Global Capital S.L.U. and ECP Oil and Gas Germany GmbH. Ecopetrol Global Capital S.L.U. was liquidated in April 4, 2018.

(iv)In March 2018, Ecopetrol S.A. incorporated a new subsidiary, Ecopetrol Energía SAS E.S.P., domiciled in Colombia, which will be responsible for commercialization of electric power for the Business Group.

Exhibit 8.1 to this annual report identifies our principal operating subsidiaries, their respective countries of incorporation, and our percentage ownership in each (both directly and indirectly through other subsidiaries), in each case as of March 31, 2017.2018.

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Graph 2 – Ecopetrol Corporate Structure

 

  

 

The stock ownership percentage listed refers to Ecopetrol S.A.’s direct and indirect participation. The data in this structure shows neither the whole ownership nor its decimal figures, so they will be used only for information purposes.

 

The so-called shareholding (Ecopetrol S.A.’s direct participation), affiliated, subsidiary companies are listed, as well as the stock interest of Ecopetrol S.A.’s subordinate companies.

 

We areIn 2017, Ecopetrol completed the divestment of its stake in Empresa de Energía de Bogotá S.A. E.S.P. EEB for a total of COP$1,124 billion. The operation was carried out in accordance with the processprocedures defined by the Law 226 of selling some1995, the Decree 2305 of our non-core shareholdings:November 13, 2014, and the Decree 2110 of December 22 of 2016.

 

·We currently own 0.31% of the total outstanding shares of Empresa de Energía de Bogotá. As approved by Decrees 2305 of November 13, 2014 and 2110 of December 22, 2016, we are authorized to offer our remaining 0.31% of total outstanding shares of Empresa de Energía de Bogotá to the general public using the most appropriate mechanism for the volume and value of the remaining shares. The first stage of the divestment plan took place during the second quarter of 2015, in which we placed 352,872,414 shares at COP$1,740 per share. In 2016, Ecopetrol placed 249,760,551 ordinary shares of Empresa de Energía de Bogotá at COP$1,815 per share. The operation was executed in accordance with the procedures defined by the Law 226 of 1995 and the Decree 2305 of November 13, 2014. On December 22, 2016, the Colombian Government issued Decree 2110 extending the duration of the divestment program until December 31, 2017.

We currently own 100% of the total outstanding shares of Propilco. In connection with the review of its long-term strategy, the Board of Directors decided to suspend the 2016 plan to sell Ecopetrol’s shares in Propilco.

·In 2016, Ecopetrol completed the divestment of its stake in Interconexión Eléctrica S.A. E.S.P. ISA for a total of COP$513 billion. The operation was carried out in accordance with the procedures defined by the Law 226 of 1995 and the Decree 1800 of September 9, 2015.

·We currently own 100% of the total outstanding shares of Propilco. On January 27, 2016, the Board of Directors of Ecopetrol approved the commencement of a divestment plan to sell Ecopetrol’s shares in Propilco. On June 13, 2016, the divestment program was approved by the Council of Ministers of Colombia. The next step in the process is the issuance of a Decree with the final approval to begin the divestiture process under Law 226 of 1995, which has not yet been provided and therefore we are not yet accounting this as a discontinued operation.

 

3.3       Our Business

·On November 25 of 2016, Ecopetrol conducted an auction to divest 20 non-core producing and non-producing assets. As a result of the bidding process, Ecopetrol received offers for US$53.4 million in six non-core assets, out of which three are currently producing 1.8 mbod and the rest are not in operation.

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3.3Our Business

 

We are a vertically integrated oil company with a presence primarily in Colombia and with activities in Peru, Brazil, Mexico and the U.S. Gulf Coast. The Nation currently controls 88.49% of our voting capital stock. We are among the top 36 oil and gasworld’s biggest state-owned companies, in the worldranking 559 based on the Petroleum Intelligence Weekly Top 50Forbes Global 2000 Ranking - 2016.2017. We play a key role in the local Colombian hydrocarbon market.

 

3.48Exploration and Production

3.4       Exploration and Production

 

Our exploration and production business segment includes exploration, development and production activities in Colombia and abroad. We began local exploration in 1955 and international exploration in 2006. We conduct exploration and production activities directly in Ecopetrol S.A., through some of our subsidiaries, and through joint ventures with third parties. As of December 31, 2016,2017, we were the largest operator and the largest producer of crude oil and natural gas in Colombia, maintaining the largest acreage exploration position in Colombia.

3.4.1Exploration Activities

Ecopetrol is planning to incorporate about 1 billion barrels of contingent resources by 2020, through exploration activities in the following areas: (i) offshore Colombia, (ii) near field exploration in Colombia, (iii) consolidation of exploration areas outside of Colombia, such as the Gulf of Mexico, Brazil and other areas in America.

During 2016 our exploration activities focused in three work fronts: onshore Colombia, Colombia and the US Gulf of Mexico offshore and near field exploration in Colombia.

On January15, 2016 Hocol Petroleum Limited - HPL, subsidiary of Ecopetrol S.A. and owned 100% by Ecopetrol, constituted and registered before the Chamber of Commerce in Colombia the company Ecopetrol Offshore (“Ecopetrol Costa Afuera”or “ECAS”). ECAS and Hocol S.A. are subsidiaries of HPL.

ECAS´ purpose is to develop oil and gas activities in offshore Colombia by taking advantage of offshore free trade zones regime. These activities include exploration, exploitation, production, transport, distribution, export, sales and commercialization of oil and gas and any other hydrocarbon products or derivatives.

During 2016 bidding rounds were not launched by the National Hydrocarbons Agency to offer licenses for exploratory activities in Colombia.

Ecopetrol signed farmout agreements with the following companies: Parex Resouces Colombia Ltd (acquired 50% of the working interest in Convenio Playón and 50% of the working interest in Convenio de Mares), Talisman Colombia Oil & Gas Ltd (acquired 49% of the working interest in Convenio Upar) and Hupecol Operating Co LLC (acquired 100% of the working interest in CPO-11 E&P Contract).

Additionally, Ecopetrol carried out its Onshore Round 1-2016 offering working interest in the onshore blocks LLA-38, LLA-39, LLA-52, PUT 13 and VMM-32 located in Colombia.

 

For purposes of this exploration section, “we” refers to Ecopetrol S.A., its subsidiaries and partnerships in which Ecopetrol has an interest. Unless otherwise stated, all figures are given before deductions fordeducting royalties.

 

3.4.1.1Exploration Activities in Colombia

3.4.1       Exploration Activities

 

Currently we haveUnder the framework of the Exploration Strategy 2017-2020, Ecopetrol is aiming to incorporate at least 1 billion barrels of contingent resources in high reward projects, concentrated in (i) Offshore Colombia, (ii) re-evaluating opportunities onshore Colombia, and (iii) international areas such as the Gulf of Mexico, Brazil and other areas within the Americas.

Graph 3- Sedimentary Basins where Ecopetrol executes exploration activities

 

During 2017, the exploration strategy was directed at leveraging our goal on three working fronts: onshore Colombia, offshore Caribbean, and strengthening and diversifying our exploration overseas.

3.4.1.1       Exploration Activities in mostColombia

During 2017, Ecopetrol and its subsidiaries conducted drilling operations in 16 exploration wells (A3/A2) and in 2 appraisal wells (A1) in Colombia. Of these 16 wells, 3 were successful, 6 were plugged and abandoned, and 7 were under evaluation as of December 31, 2017. This activity was concentrated mainly in the sedimentary basins in Colombia, in which active oilfollowing basins: onshore Sinu, Upper Magdalena Valley, Middle Magdalena Valley, Guajira and gas operations are found.offshore Sinu.

 

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The following map shows the basins where Ecopetrol has been conducting its main exploration activities.

Graph 3 – Sedimentary Basins in Colombia

 

Source: ANH

We conduct exploration activities in Colombia on our own and through joint ventures with regional and global oil and gas companies.

Seismic

During 2016, two 2D seismic programs were acquired in Colombia: Cardon (106.5 Km) and Nogal (44 Km).These seismic programs are intended to increase the knowledge of the Caguan-Putumayo basin.

Additionally, our subsidiary Hocol S.A. successfully completed the acquisition of 294.9 km2 of 3D seismic in the exploratory blocks GUA2 (213.5 km2) and YDSN1 (81.4 km2) in Middle Magdalena Basin and Llanos Basin, respectively.

Exploratory Wells

During 2016, onshore drilling operations were started in five wells by Ecopetrol and its subsidiary Hocol S.A. in the Lower Magdalena Basin and Llanos Basin. Additionally Hocol finalized drilling operations in the Payero well (Piedemonte basin), which started in December 2015 and was operated by Equion. In terms of onshore Colombia, we focused our exploration efforts in searching for hydrocarbons in mature basins, near field exploration and close to existing production infrastructure. Additionally, we succeeded in increasing our participation in blocks Fuerte Sur (Sinu offshore Colombia, drilling operations started at the Purple-Angel 1 well (following the discovery announced at the Kronos-1 wellbasin) and CPO-17 (Llanos basin), from 50% to 100% in July 2015) and at the Gorgon-1 prospect. Our joint venture partner Anadarko operates both wells. On March 8, 2017, we announced the discovery of a gas presence at Purple-Angel 1.cases.

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The following table sets forth for the periods indicated,indicated; the number of gross and net productive and dry exploratory wells drilled by us and our joint venture partners and the exploratory wells drilled by third parties pursuant to sole risk contracts with us.

 

Table 4 – Exploratory Drilling in Colombia

 

 For the year ended December 31,  For the year ended December 31, 
 2016  2015  2014  2017  2016  2015 
 (number of wells)  (number of wells) 
COLOMBIA                   
Ecopetrol S.A.                        
Gross Exploratory Wells                        
Owned and operated by Ecopetrol                        
Productive(1)        3.0 
Productive         
Dry(2)(1)  1.0   1.0   9.0   1.0   1.0   1.0 
Total  1.0   1.0   12.0   1.0   1.0   1.0 
Operated by Partner in Joint Venture(2)                        
Productive     1.0   1.0   3.0      1.0 
Dry     1.0   2.0   2.0      1.0 
Total     2.0   3.0   5.0      2.0 
Operated by Ecopetrol in Joint Venture(3)                        
Productive        1.0          
Dry           1.0       
Total        1.0   1.0       
Net Exploratory Wells(3)(4)                        
Productive     0.5   4.1   1.5      0.5 
Dry  1.0   1.5   10.7   2.3   1.0   1.5 
Total  1.0   2.0   14.8   3.8   1.0   2.0 
Sole Risk                        
Productive                  
Dry                  
Total                  
Equion            
Gross Exploratory Wells            
Productive         
Dry         
Total         
Hocol            
ECAS            
Gross Exploratory Wells                        
Productive  1.0   1.0             
Dry        4.0   1.0       
Total  1.0   1.0   4.0   1.0       
Net Exploratory Wells                        
Productive  0.5   0.5             
Dry        3.0   0.5       
Total  0.5   0.5   3.0   0.5       
Equion            
Gross Exploratory Wells            
Productive         
Dry         
Total         
Hocol(5)            
Gross Exploratory Wells            
Productive     1.0   1.0 
Dry  1.0       
Total  1.0   1.0   1.0 
Net Exploratory Wells            
Productive     0.5   0.5 
Dry  1.0       
Total  1.0   0.5   0.5 

 

 

(1)A productive well is an exploratory well that has evidence of hydrocarbons.
(2)(1)A dry well or hole is an exploratory well found to be incapable of producing either crude oil or natural gas in sufficient quantities to justify completion as a crude oil or natural gas well.
(2)The three following wells operated by Oxy are under evaluation, as of December 31, 2017: Infantas Oriente -1 (Oxy 48% working interest and Ecopetrol 52% working interest), Cosecha V (Oxy 70% working interest and Ecopetrol 30% working interest) and Rex NE-1 (Oxy 70% working interest and Ecopetrol 30% working interest).
(3)The following well is under evaluation, as of December 31, 2017: the Lorito-1 well operated by Ecopetrol in partnership with Repsol (Ecopetrol 55% working interest and Repsol 45% working interest).
(4)Net exploratory wells arewere calculated according to our percentage of ownership in these wells.
(5)Three wells drilled by our subsidiary Hocol are under evaluation as of December 31, 2017: the Bonifacio-1 and Godric Norte-1 wells, both operated solely by Hocol and the Pollera-1 well operated in partnership with Lewis (Lewis 50% working interest and Hocol 50% working).

  

 1110 

 

 

Ecopetrol drilled twothree successful wells in 2016:Colombia in 2017: (i) Chimú-1 St-1Purple Angel-1 well, where Ecopetrol holds a 100%50% working interest and Anadarko the remaining 50% at Caño Sur Block, which wasPurple Angel block, (ii) Gorgon-1 well, where Ecopetrol holds a dry well,50% working interest and (ii) Boranda well, in whichAnadarko the remaining 50% at Purple Angel block, and (iii) Coyote-1, where Ecopetrol holds a 50% working interest, and Parex holdsResources Inc. as operator the remaining 50% working interest, as block operator. As of March 30, 2017 we announced that the presence of crude was discovered at this well.Playon block.

 

Our subsidiary Hocol S.A. drilled threeSix wells were plugged and abandoned. Three of the wells were located in 2016:the Colombian Caribbean: (i) Payero E1Molusco-1 well, located at Niscota Block and operated by Equión. Totalwhere Ecopetrol holds a 50% working interest through its affiliate Ecopetrol Costa Afuera S.A.S (“ECAS”) and ONGC with the remaining 50% at RC-9 block, which was a dry well, (ii) Siluro-1B well, operated by Repsol at RC-11 block, which was a dry well and (iii) Brama-1 well, operated by Petrobras at Tayrona block, which was a dry well. The other three wells were located onshore in Colombia and were determined to be dry: (i) Trogon-1 well, where Ecopetrol holds a 30%55% working interest as operator and Hocol S.A.Repsol the remaining 45% at CPO-9 block, (ii) Landero-1 well, where Ecopetrol holds a 20%an 100% working interest thisat Middle Magdalena Valley and (iii) Lunera-1 well, was declared temporarily suspended; (ii) Bullerengue Sur-1 well,where Hocol holds an 100% working interest as operator at VSM-9 block.

In addition, two appraisal wells were drilled. The first, Capachos 2 ST located at SSJN1 Block. Hocol S.A.Capachos block operated by Parex Resources Inc., which holds a 50% working interest and Lewis Energy holdsin partnership with Ecopetrol holding the remaining 50%, this one is a productive well, and (iii) Pegaso well, located at CPO 16 Block where Hocol S.A. holds a 100% working interest, this. This well was under evaluation as of December 31, 2016.2017, but has been declared successful since. The appraisal well Bullerengue Sur-3 located at SSJN1 Block operated by Lewis Energy, which holds a 50% working interest in partnership, with Ecopetrol holding the remaining 50% was plugged and abandoned.

 

3.4.1.2Exploration Activities Outside of Colombia

Seismic

In Colombia our subsidiary Hocol S.A. acquired a total of 518 km of 2D in blocks SN 8 and SN 18.

3.4.1.2       Exploration Activities Outside of Colombia

 

Our international exploration strategy is focused on participating in bidding rounds to secure blocks available for exploration and entering into joint ventures with international and regional oil companies. We believe exploring outside Colombia allows us to diversify our risks and improve the possibilities of increasing our crude oil and natural gas reserves.

 

With respect toIn partnership with Petronas and Pemex, respectively, we were awarded block 6 and 8 in Mexico during the bidding round 2.1 and our seismic data outsideMexican subsidiary, ECP Hidrocarburos Mexico S.A. de C.V., has entered into petroleum contracts in connection therewith. Additionally, in a 50% partnership with Repsol E&P USA Inc., as operator, we were awarded blocks Garden Banks 77, 78, 121 and 122 in the Gulf of Colombia, during 2016,Mexico (US) through our American subsidiary, Ecopetrol Brasil bought 854 Km2 of seismic data on the Potiguar basin, POT-M-567, in which Ecopetrol Brasil holds a 100% working interest.America Inc.

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With respect to our exploratory drilling outside of Colombia, during 2016, we have undertaken deep water exploratory drillingas set forth in the U.S.table below, in 2017 our subsidiary Ecopetrol America Inc. drilled two wells: (i) Warrior-2 and (ii) Warrior-2 ST-1, both located in the Green Canyon area in the Gulf Coastof Mexico (US). These wells contained hydrocarbons, both wells were deemed non-commercial due to thin compartmentalized reservoirs, and were plugged and abandoned. The associated contingent resources of this discovery are currently under evaluation. Ecopetrol America Inc. has a 30% interest in associationthis area, with our business partners. partner Anadarko holding the remaining 70% interest and acting as operator.

The following table sets forth information on our exploratory drilling infor the years 2016, 2015 and 2014.periods indicated.

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Table 5 – Exploratory Drilling Outside Colombia

 

 For the year ended December 31,  For the year ended December 31, 
 2016  2015  2014  2017  2016  2015 
 (number of wells)  (number of wells) 
INTERNATIONAL                   
Ecopetrol America Inc.                        
Gross Exploratory Wells                        
Productive(1)  1.0      2.0   0.0   1.0    
Dry(2)(1)     1.0   3.0   2.0      1.0 
Total  1.0   1.0   5.0   2.0   1.0   1.0 
Net Exploratory Wells(4)(3)                        
Productive  0.2      0.7   0.0   0.2    
Dry     0.5   0.5   0.6      0.5 
Total  0.2   0.5   1.2   0.6   0.2   0.5 
Ecopetrol Óleo e Gás do Brasil Ltda.              ��         
Gross Exploratory Wells                       
Productive                  
Dry                  
Total                   
Net Exploratory Wells                       
Productive                  
Dry                  
Total                   
Ecopetrol Germany                        
Gross Exploratory Wells                       
Productive                  
Dry        2.0          
Total        2.0           
Net Exploratory Wells                       
Productive                  
Dry        0.2          
Total        0.2           
Savia Perú                        
Gross Exploratory Wells                       
Productive                  
Dry                  
Total                   
Net Exploratory Wells                       
Productive                  
Dry                  
Total                  

  

 

(1)A productive well is an exploratory well that has evidence of hydrocarbons.
(2)(1)A dry well or hole is an exploratory well found to be incapable of producing either crude oil or natural gas in sufficient quantities to justify completion as a crude oil or natural gas well.
(3)(2)Net exploratory wells are calculated according to our percentage of ownership in these wells.
(4)(3)None of our international wells were dug pursuant to a sole risk contract.

 

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As set forth

Seismic

Our subsidiary, Ecopetrol Brazil, completed the acquisition of a marine 3D seismic program of 446 km2 in block FZA-M-330, in the table above, in 2016, our subsidiaryFoz de Amazonas basin (Brazil). Ecopetrol America Inc. drilled in the United States Gulf of Mexico the Warrior exploratory well, in which Ecopetrol America Inc.Brazil holds a 20% working70% equity interest and our partners Anadarko (operator) holds a 65% working interest and MCX Gulf of Mexico LLC holdsin this block with JX Nippon holding the remaining 15% working30% interest. The well was declared productive. This oil discovery is the result of our new exploratory strategy, which includes partnerships with leading companies to diversify risk, undertake further exploration activities and increase contingent resources. The Warrior well is the fifth oil discovery of the Ecopetrol Group in this prosperous oil region and contributes with increasing our contingent resources.

 

Ecopetrol America Inc. also drilled a successful appraisal wellInc purchased the 3D seismic program EDGE of 28.000 km2 in Leon discovery (León 2 BP4), operated by Repsol, which holds a 60% working interest. Ecopetrol America Inc. holds the remaining 40% working interest.Green Canyon. The result of this well adds contingent resourcesseimic program contributed, to those initially discovered with the León 1 exploratory well in 2014.mitigate subsalt uncertainty and to mature leads for lease sales.

 

During 2016, Ecopetrol S.A. did not participate in bidding rounds in the Gulf of Mexico.3.4.2       Production Activities

With regards to ECP Oil and Gas Germany GmbH´s operations in Angola, we reached an agreement with our partners on the terms upon which we will withdraw from Block 38/11 and Block 39/11. This agreement was sent for approval of the National Concessionaire, Sonangol EP, followed by the issuance of a decree from the Ministry of Petroleum. We expect the withdrawal process to be concluded by mid-year of 2017.

3.4.2Production Activities

 

Our consolidated average production was 717.9715.1 thousand boepd in 2016,2017, a decrease of approximately 433 thousand boepd as compared to 2015.2016. This decrease is mainly the result of the natural production decline of our fields, and a reductionpartially offset by an increase in the upstream investments during 2016, as a consequence of the drop in oil prices.2017.

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The following table summarizes the results of our oil and gas production activities for the periods indicated:

 

Table 6 – Ecopetrol Group’s Oil and Gas Production

 

 For the year ended December 31,  For the year ended December 31, 
 2016  2015  2014  2017 2016 2015 
 Oil  Gas(1)  Total  Oil  Gas(1)  Total  Oil  Gas(1)  Total  Oil Gas(1) Total Oil Gas(1) Total Oil Gas(1) Total 
 (thousand boepd)  (thousand boepd) 
Total production in Colombia(2)  582.5   123.3   705.8   619.2   130.4   749.6   610.9   133.3   744.2   577.3   121.6   698.9   582.5   123.3   705.8   619.2   130.4   749.6 
Total International production(3)  9.6   2.5   12.1   7.3   3.8   11.1   8.6   2.6   11.2   13.6   2.6   16.2   9.6   2.5   12.1   7.3   3.8   11.1 
Total production of Ecopetrol Group  592.1   125.8   717.9   626.5   134.2   760.7   619.5   135.9   755.4   590.9   124.2   715.1   592.1   125.8   717.9   626.5   134.2   760.7 

 

 

(1)Conversion between mcfpd and boepd is performed at 5,700 mcfpd to 1 boepd.
(2)Total production in Colombia corresponds to Ecopetrol S.A., Hocol and Equion.
(3)Total International production corresponds to Savia Perú and Ecopetrol America Inc.

 

3.4.2.1Production Activities in Colombia

3.4.2.1       Production Activities in Colombia

 

3.4.2.1.1.3.4.2.1.1Ecopetrol S.A.’s Production Activities in Colombia

 

For the year ended December 31, 2016,2017, Ecopetrol S.A. was the largest participant in the Colombian hydrocarbons industry, accounting for approximately 62%64% of crude oil production (according to calculations made by Ecopetrol based on information from the Ministry of Mines and Energy) and approximately 61%68% of natural gas production (according to calculations made by Ecopetrol based on information from the Ministry of Mines and Energy). Also during 2016,2017, Ecopetrol S.A. carried out development drilling mainly in the OrienteOrinoquia and OrinoquiaMiddle Magdalena regions, drilling 133475 development wells; 83199 of those through direct operations and 50276 through joint ventures.

 

In terms of operational structure, Ecopetrol S.A. manages its production operations through a regional organization. Since July 1, 2014, three regional Vice-Presidencies were created: Central, Orinoquia and Southern. After the company took over the operations of the Rubiales field in July of 2016, a new Vice-Presidency, the Eastern Region, was incorporated to this scheme. Our operating assets are distributed in the following regions:

 

·Central Region: comprising 30 fields with active production in 2016.2017.

 

·Orinoquía Region: comprising 1923 fields with active production in 2016.2017.

 

·Southern Region: comprising 3436 fields with active production in 2016.2017.

  

·Eastern Region: comprising 42 fields with active production in 2016.2017.

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A fifth Vice-Presidency, the Vice-Presidency of Associated Operations, is responsible for all of the production activities in which a partner is involved, regardless of the location of such activities in Colombia. This Vice- Presidency is comprised of 137121 fields with active production in 2016.2017.

 

The map below indicates the locations of Ecopetrol S.A´sS.A’s operations with production information for each of our administrative regions following in the subsequent paragraphs.

 

14

Graph 4 – Ecopetrol S.A. Operations in Colombia

 

 

 

Note: VAS is the countrywide Vice-presidency.

 

Crude Oil Production

 

The average daily production of crude oil in Colombia by Ecopetrol S.A. (excluding its subsidiaries), was 552.1545 mbod in 2016, 34.12017, 7.1 mbod lower than in 2015,2016, which represents a year-to-year decrease of 6%1.3%.

 

However, it is important to highlight that since July of 2016 we took over the operations of the Rubiales and Cusiana fields. A plan was set up with more than two years in advance, which allowed us to successfully transition between operators, without any technical, operational or communities’ issues in any of the two fields. In July 2017, Ecopetrol completed the casefirst year of operating in the Rubiales field, it is important to highlight thatfield. During 2017, we restarted investmentsinvested in the asset with new developmentthe drilling duringof 127 wells and the last quarterimplementation of the year 2016, which helped usefficiency measures, thereby continuing to mitigate thehistorical production decline observed during 2015.declines.

 

The following chart summarizes Ecopetrol S.A.’s average daily crude oil production in Colombia by Region, prior to deducting royalties, for the periods indicated.

 

 1514 

 

 

Table 7 – Ecopetrol S.A.’s Average Daily Crude Oil Production in Colombia by Region Vice-Presidency

 

 For the year ended December 31,  For the year ended December 31, 
 2016  2015  2014  2017  2016  2015 
 (thousand bpd)  (thousand bpd) 
Central Region                        
1) La Cira – Infantas  19.1   22.9   24.6   22.6   19.1   22.9 
2) Casabe  17.8   21.9   22.0   15.9   17.8   21.9 
3) Yarigui  16.6   17.8   16.7   14.5   16.6   17.8 
4) Other  21.3   23.7   21.0   18.5   21.3   23.7 
Total Central Region  74.8   86.3   84.3   71.5   74.8   86.3 
            
Orinoquía Region                        
1) Castilla  121.3   122.5   104.4   114.1   121.3   122.5 
2) Chichimene  74.0   78.0   56.2   70.5   74.0   78.0 
3) Cupiagua  11.3   14.0   16.4   9.6   11.3   14.0 
4) Other  18.3   21.1   26.0   24.3   18.3   21.1 
Total Orinoquía Region  224.9   235.6   203.0   218.5   224.9   235.6 
            
Eastern Region                        
1) Rubiales(1)  61.5   0   0   118.7   61.5   0 
2) Caño Sur(2)  0.4   0   0   1.4   0.4   0 
Total Eastern Region  61.9   0   0   120.1   61.9   0 
            
Southern Region                        
1) San Francisco  6.5   8.1   9.2   6.2   6.5   8.1 
2) Huila Area  7.4   7.8   8.2 
2) Huila Area(3)  3.1   7.4   7.8 
3) Tello  4.4   4.5   4.3   3.9   4.4   4.5 
4) Other  9.4   11.0   11.8   12.2   9.4   11.0 
Total Southern Region  27.7   31.4   33.5   25.4   27.7   31.4 
            
Associated Operations                        
1) Rubiales(1)  41.4   94.3   104.3   0.0   41.4   94.3 
2) Quifa  19.6   24.2   33.0   18.8   19.6   24.2 
3) Caño Limon  23.3   25.6   30.0   22.2   23.3   25.6 
4) Cusiana(3)  2.6   5.2   7.0 
4) Cusiana(4)  0.0   2.6   5.2 
5) Other  75.9   83.6   84.6   68.5   75.9   83.6 
Total Associated Operations  162.8   232.9   258.9   109.5   162.8   232.9 
Total average daily crude oil production Ecopetrol S.A. (Colombia)  552.1   586.2   579.7   545.0   552.1   586.2 

 

 

(1)In the first half of 2016, the Rubiales field was part of the Vice-Presidency of Associated Operations. Since July 1, 2016, it becamehas been a part of the Eastern Region.
(2)In the first half of 2016, the Caño Sur field was part of the Orinoquia Region. Since July 1, 2016, it becamehas been a part of the Eastern Region.
(3)Huila Area: some assets were reclassified and are reported under Other in the Southern Region.
(4)In the first half of 2016, the Cusiana field was part of the Vice-Presidency of Associated Operations. Since July 3, 2016, it becamehas been a part of the Orinoquia Region.

 

Table 8 – Ecopetrol S.A. Production per Type of Crude

 

 2016
(mbod)
  Year-on-Year ∆
(%)
  2015
(mbod)
  Year-on-Year ∆
(%)
  2014
(mbod)
  2017 (mbod)  Year-on-Year
∆(%)
  2016 (mbod)  Year-on-Year
∆(%)
  2015 (mbod) 
Light  44.6   (0.0)%  44.6   0.2%  44.5   42.4   (4.9)%  44.6   (0.0)%  44.6 
Medium  161.5   (13.7)%  187.1   (5.8)%  198.6   151.6   (6.1)%  161.5   (13.7)%  187.1 
Heavy  346.0   (2.4)%  354.5   5.3%  336.6   351.0   1.4%  346.0   (2.4)%  354.5 
Total  552.1   (5.8)%  586.2   1.1%  579.7   545.0   (1.3)%  552.1   (5.8)%  586.2 

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Ecopetrol S.A.’s crude oil production during 20162017 consisted of approximately 37%36% light and medium crudes and 64% heavy crudes. In 2016, approximately 37% of the crude oil production corresponded to light and medium crudes and 63% to heavy crudes. In 2015, approximately 40% of the crude oil production corresponded to light and medium crudes and 60% to heavy crudes. During 2014, production distribution was approximately 42% of light and medium crudes and 58% of heavy crudes.

 

Natural Gas Production

 

In 2016,2017, the average daily production of natural gas by Ecopetrol S.A. reached 116.0111 mboed, including natural gas liquids (“NGLs”), corresponding to a 4%4.3% decrease in comparison to 20152016 production.

16

 

We have three main natural gas production fields, Guajira, Cusiana and Cupiagua. In the Guajira field, we have partnered with Chevron who operates the field. The development of Cusiana field had a change in participation, because Tauramena joint venture expired on July 3, 2016. The Tauramena block is part of the Cusiana unified exploitation plan. As a consequence of the termination of the Tauramena joint venture, Ecopetrol´sEcopetrol’s participation increased from 63.4% to 97.8%, and Ecopetrol assumed the operation of the Cusiana unified exploitation plan. Ecopetrol S.A. is the operator of the Cupiagua field.field and other wells previously under the Recetor contract that were transferred from Equion to Ecopetrol as a result of the full return of the Recetor Field to Ecopetrol on May 30, 2017.

 

Of our total natural gas production during the year ended December 31, 2016,2017, approximately 29%24% was supplied from the Guajira field, 25%29% from the Cusiana field, 25%23% from the Cupiagua field and the remaining 21%24% from other fields.

 

The following table sets forth Ecopetrol S.A.’s average daily natural gas production in Colombia, including NGLs, prior to deducting royalties, for the years ended on December 31, 2017, 2016, 2015 and 2014.2015.

 

Table 9 – Ecopetrol S.A.’s Average Daily Natural Gas Production in Colombia

 

 For the year ended December 31,  For the year ended December 31, 
 2016  2015  2014  2017  2016  2015 
 (thousand boepd)  (thousand boepd) 
COLOMBIA                        
Central Region                        
1) La Cira – Infantas  0.17   0.12   0.16   0.15   0.17   0.12 
2) Provincia  3.09   3.75   4.00   2.41   3.09   3.75 
3) Yarigui  0.56   0.56   0.50   0.48   0.56   0.56 
4) Gibraltar  6.32   5.52   5.57   7.16   6.32   5.52 
4) Other  1.60   1.51   1.02   2.02   1.60   1.51 
Total Central Region  11.74   11.46   11.25   12.22   11.74   11.46 
Orinoquía Region                        
1) Cupiagua  28.72   24.09   22.80   25.29   28.72   24.09 
2) Cusiana(1)  15.98   0.00   0.00   31.97   15.98   0.00 
2) Other  1.44   1.18   1.37   2.44   1.44   1.18 
Total Orinoquía Region  46.14   25.27   24.17   59.70   46.14   25.27 
Southern Region                        
1) Huila Area(2)  0.64   0.85   1.14   0.10   0.64   0.85 
2) Tello  0.35   0.35   0.26   0.22   0.35   0.35 
3) Other  0.03   0.03   0.04   0.40   0.03   0.03 
Total Southern Region  1.02   1.23   1.44   0.72   1.02   1.23 
Associated Operations                        
1) Guajira  33.34   42.71   50.11   27.09   33.34   42.71 
2) Cusiana(1)  12.65   27.03   26.53   0.00   12.65   27.03 
3) Other  11.10   13.47   11.87   11.29   11.10   13.47 
Total Associated Operations  57.09   83.21   88.51   38.38   57.09   83.21 
Total Natural Gas Production (Colombia)  115.99   121.17   125.37   111.02   115.99   121.17 

 

 

Note:Conversion between mcfpd and boepd is performed at 5,700 mcfpd to 1 boepd.

(1)In the first half of 2016, the Cusiana field was part of the Vice-Presidency of Associated Operations. Since July 3, 2016, it becamehas been a part of the OrinoquiaOrinoquía Region.
(2)The Huila area: some assets were reclassified and are reported under Other in the Southern Region.

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Projects to Increase Recovery Factor:

 

During 20162017 Ecopetrol prioritized opportunities within its recovery factor increase program, keeping 18the following active pilots in operationoperation: waterflooding (WF) in Chichimene, Castilla, Apiay and Suria; Chemical Enhanced Oil Recovery (CEOR) in Chichimene, Yarigui and Casabe and Vapor Injection Continue (ICV) in Teca; and developing a new additional one. From the current pilots, 12 have already presented an increaseones: WF in production within the area impacted by the pilot.Nutria and Tisquirama and CEOR in Cira and Geles.

 

17

Among the main results of the pilotsThe Chichimene and Castilla fields have continued reporting increases in 2016, it is important to highlighttheir recovery factors between 8% and 12% in their pilot areas. Additionally, in 2017, we evaluated the positive results of the water flooding pilots in the heavy crude fields of Castilla and Chichimene. These fields reported a growth in the recovery factor of 5.2% in the pilot area of Chichimene field and 2.5% in the pilot area of Castilla field. Also in 2016, we continued the evaluation of steam injection pilots in the Jazmin and Teca projects, with participation from partners,project, located in the Middle Magdalena Valley, where we also obtained positive responses in terms of production.production responses.

 

InAt the Chichimene field, nitrogen injection pilots were successfully completed. We are currently analyzing the production curve, and air injection pilot at Chichimene field, a detailed revisionis expected to begin in the second half of 2018.

Among the main results of the scope and of the works required was carried out due to the droppilots in global oil prices. During 2017, additional works will be completed and it is expectedimportant to highlight that 73 mmboe of proven reserves and 174 mmboe of contingent resources were incorporated. In addition, four new recovery projects were conceptualized (WF in Chichimene, Castilla and Llanito-Gala-Galan, being among the start of the injection will take place in the last quarter of 2017.most important ones).

 

Since35 recovery pilots have started since the beginning of the recovery factor increase program we have started 34 recoveryin 2008. Out of these pilots, of which 2428 have shown positive results, of which 11 are now in terms of pressure increaseexpansion stage, 11 are operating and 19 in incremental crude production.six were closed.

 

Development Wells

 

The following table sets forth the number of gross and net development wells drilled in Colombia, both solely by Ecopetrol S.A. and with its joint ventures that reached total depth for the years ended December 31, 2017, 2016 2015 and 2014.2015.

 

Table 10 – Ecopetrol S.A.’s Gross and Net Development Wells in Colombia

 

 For the year ended December 31,  For the year ended December 31, 
 2016  2015  2014  2017  2016  2015 
 (number of wells)  (number of wells) 
COLOMBIA                        
Central Region                        
Gross wells owned and operated by Ecopetrol  -   79   104   -   -   79 
Orinoquía Region                        
Gross wells owned and operated by Ecopetrol  47   109   65   56   47   109 
Southern Region                        
Gross wells owned and operated by Ecopetrol  -   21   8   -   -   21 
Eastern Region                        
Gross wells owned and operated by Ecopetrol  36   -   -   143   36   - 
Total gross wells owned and operated by Ecopetrol S.A. in Colombia  83   209   177   199   83   209 
Associated Operations                        
Gross wells in joint ventures  50   330   584   276   50   330 
Net wells(1)  19   146   374   97   19   146 
Total gross wells in joint ventures Ecopetrol S.A. in Colombia  50   330   584   276   50   330 
Total net wells in joint ventures Ecopetrol S.A. in Colombia(1)  19   146   374   97   19   146 
Total gross wells Ecopetrol S.A. in Colombia  133   539   761   475   133   539 
Total net wells Ecopetrol S.A. in Colombia(1)  102   355   551   296   102   355 

 

 

(1)Net wells correspond to the sum of wells owned and operated by Ecopetrol (1) plus the net wells in our subsidiaries and their ownershipassociated operations. Net wells in the associated operations are the result of our investment percentage of wells owned in joint ventures with their partners.our partners, as defined in the contract obligations.

 

 1817 

 

 

Production Acreage

 

The following table sets forth Ecopetrol S.A.’s developed and undeveloped gross and net acreage of crude oil and natural gas production in Colombia for the year ended December 31, 2016.2017.

 

Table 11 – Ecopetrol S.A.’s Developed and Undeveloped Gross
and Net Acreage of Crude Oil and Natural Gas Production in Colombia

 

  Production Acreage as of December 31, 2016 ( acres) 
  Developed  Undeveloped 
  Gross  Net  Gross  Net 
Ecopetrol S.A.  448,782   343,233   5,040,681   3,679,116 
  Production Acreage as of December 31, 2017 ( acres) 
  Developed  Undeveloped 
  Gross  Net  Gross  Net 
Ecopetrol S.A.  459,757   354,350   4,960,480   3,627,708 

 

Gross and Net Productive Wells

 

The following table sets forth Ecopetrol S.A.’s total gross and net productive wells by region as of December 31, 2016.2017.

 

TableTable 12 – Ecopetrol S.A.’s Gross and Net Productive Wells by Region

 

 As of December 31, 2016
(number of wells)
  As of December 31, 2017 (number of wells) 
 Crude Oil(1)  Natural Gas(2)  Crude Oil(1)  Natural Gas(2) 
 Gross  Net  Gross  Net  Gross  Net  Gross  Net 
COLOMBIA                                
Ecopetrol S.A.                                
Central region  2,286   1,807   9   9   2,301   1,813   6   6 
Orinoquía region  952   946   17   17   978   972   17   17 
Southern region  583   520   6   6   578   513   11   11 
Eastern Region  780   780   0   0   804   804   0   0 
Region of Associated Operations  2,829   1,425   27   10   2,987   1,499   25   9 
Total (Ecopetrol S.A.)  7,430   5,478   59   42   7,648   5,601   59   43 

 

 

Note:The above table reflects the productive wells that directly contribute to hydrocarbon production and therefore excludes wells used for injection, disposal, water abstraction, or other similar activities.

(1)We consider crude oil wells to be those in which the main operation is oil production, although many of these wells produce gas associated with oil production that, in some cases, have a commercial purpose.
(2)Natural gas wells are those in which operations are directed only toward the production of commercial gas.

 

18

3.4.2.1.2.3.4.2.1.2Ecopetrol S.A.’s Affiliates and Subsidiaries’ Production Activities in Colombia

 

Crude Oil Production

 

The following table sets forth our average daily crude oil production from Hocol and Equion, prior to deducting royalties, for the periods indicated.

 

Table 13 – Ecopetrol S.A.’s Subsidiaries in Colombia Average Daily Crude Oil Production

 

  For the year ended December 31, 
  2016  2015  2014 
  (thousand bpd) 
Hocol            
Joint venture operation  2.6   2.1   2.5 
Direct operation  15.4   19.3   18.8 
Total Hocol  18.0   21.4   21.3 
Equion            
Joint venture operation  0.1       
Direct operation  12.3   11.6   10.0 
Total Equion  12.4   11.6   10.0 
Production Tests         
Total Average Daily Crude Oil Production (Subsidiaries in Colombia)  30.4   33   31.3 

19

  For the year ended December 31, 
  2017  2016  2015 
  (thousand bpd) 
Hocol            
Joint venture operation  2.3   2.6   2.1 
Direct operation  19.4   15.4   19.3 
Total Hocol  21.7   18.0   21.4 
Equion            
Joint venture operation  0.1   0.1    
Direct operation  10.5   12.3   11.6 
Total Equion  10.6   12.4   11.6 
Production Tests  -       
Total Average Daily Crude Oil Production (Subsidiaries in Colombia)  32.3   30.4   33 

 

The 15.4% decrease20.6% increase in Hocol’s production in 20162017 as compared to 20152016 was mainly due to the temporary closuretransfer of Ecopetrol’s stake in the fields Guarrojo, Ortega, Toldado, Toy, Quimbaya and Puli as a result of community blockages and governmental resolutions (Constitutional Court) which were lifted afterwards.Espinal field to Hocol on January 1, 2017.

 

The 7% increase14.5% decrease in Equion’s production in 20162017 as compared to 20152016 was mainly due to the starttransfer of production of a new well and the increase of three wells previously drilled as a result of specific interventions.Tauramena contract share in Cusiana to Ecopetrol.

 

Natural Gas Production

 

The following table sets forth our subsidiaries’ average daily natural gas production, prior to deducting royalties, for the periods indicated.

 

Table 14 – Ecopetrol S.A.’s Subsidiaries in Colombia Average Daily Natural Gas Production

 

 For the year ended December 31,  For the year ended December 31, 
 2016  2015  2014  2017  2016  2015 
 (thousand boepd)(1)  (thousand boepd)(1) 
Hocol                        
Joint venture operation  0.2         0.6   0.2    
Direct operation  0.6   0.2   0.1   5.2   0.6   0.2 
Total Hocol  0.8   0.2   0.1   5.8   0.8   0.2 
Equion                        
Joint venture operation  0.1         0.2   0.1    
Direct operation  6.4   9   7.8   4.6   6.4   9 
Total Equion  6.5   9   7.8   4.8   6.5   9 
Production Tests           -       
Total Natural Gas Production (Subsidiaries in Colombia)  7.3   9.2   7.9   10.6   7.3   9.2 

 

(1)Conversion between mcfpd and boepd is performed at 5,700 mcfpd to 1 boepd.

 

19

Development Wells

 

The following table sets forth the number of gross and net development wells drilled exclusively by our subsidiaries and in their joint ventures in Colombia for the periods indicated.

  

Table 15 – Ecopetrol S.A.’s Subsidiaries in Colombia Gross and Net Development Wells

 

 For the year ended December 31,  For the year ended December 31, 
 2016  2015  2014  2017  2016  2015 
 (number of wells)  (number of wells) 
Hocol                        
Gross wells owned and operated by Hocol  9   13   16   17   9   13 
Gross wells in joint ventures     1   6         1 
Net wells(1)  9   13   17   17   9   13 
Equion                        
Gross wells owned and operated by Equion(2)                  
Gross wells in joint ventures  1   5   2   1   1   5 
            
Net wells(1)     1   1         1 
Total gross wells owned and operated in Colombia  9   13   16   17   9   13 
Total gross wells in joint ventures in Colombia  1   6   8   1   1   6 
Total net wells (Subsidiaries in Colombia)  9   14   18   17   9   14 

 

 

(1)Net wells correspond to the sum of wells owned and operated by our subsidiaries and their ownership percentage of wells owned in joint ventures with their partners.
(2)Even though for the last three years Equion has operated every well, Equion has not owned any well 100%; rather Equion has drilled wells in joint venture with Ecopetrol. Therefore, after a careful review of the categories, all Equion data was moved from gross wells owned and operated by Equion to gross wells in joint ventures. However, the number of wells remains the same.

 

20

Production Acreage

 

The following table sets forth our subsidiaries’ developed and undeveloped gross and net acreage of crude oil and natural gas production in Colombia for the year ended December 31, 2016.2017.

 

Table 16 – Ecopetrol S.A.’s Subsidiaries in Colombia Developed and Undeveloped Gross and Net Acreage of Crude Oil and Natural Gas Production

 

 Production acreage as of December 31, 2016  Production acreage as of December 31, 2017 
 Developed  Undeveloped  Developed  Undeveloped 
 Gross  Net  Gross  Net  Gross  Net  Gross  Net 
 (in acres)  (in acres) 
Hocol  18,787.4   8,547.0   346.8   329.6   20,892   12,726   627   528 
Equion  20,867.4   5,269.0   84,826.9   19,853.0   16,300   4,024   54,666   12,162 
Total (Subsidiaries in Colombia)  39,654.8   13,816.0   85,173.7   20,182.6   37,192   16,750   55,293   12,690 

 

Gross and Net Productive Wells

 

The following table sets forth our subsidiaries’ total gross and net productive wells in Colombia for the year ended December 31, 2016. We consider crude oil wells to be those in which the main operation is oil production, although many of these wells produce gas associated with oil production that, in some cases, have a commercial purpose. Natural gas wells are those in which operations are directed only towards production of commercial gas. Information in the table below reflects productive wells that directly contribute to hydrocarbons production and therefore excludes wells used for injection, disposal, water abstraction, or other similar activities.2017.

 

Table 17 – Ecopetrol S.A.’s Subsidiaries in Colombia Gross and Net Productive Wells(1)

 

 For the year ended December 31, 2016  For the year ended December 31, 2017 
 Crude Oil  Natural Gas  Crude Oil  Natural Gas 
 Gross  Net  Gross  Net  Gross  Net  Gross  Net 
 (number of wells)  (number of wells) 
Hocol  231   163.9   5   4.5   286   222   7   5.5 
Equion  22   11   22   11   15   8   15   8 
Total (Subsidiaries in Colombia)  253   174.9   27   15.5   301   230   22   13.5 

 

(1)Information in the table above reflects productive wells that directly contribute to hydrocarbons production and therefore excludes wells used for injection, disposal, water abstraction, or other similar activities. We consider crude oil wells to be those in which the main operation is oil production, although many of these wells produce gas associated with oil production that, in some cases, have a commercial purpose. Natural gas wells are those in which operations are directed only towards production of commercial gas.

 2120 

 

 

3.4.2.2Production Activities Outside Colombia

3.4.2.2       Production Activities Outside Colombia

 

Crude Oil Production

 

The following table sets forth our average daily crude oil production outside Colombia, prior to deducting royalties, for the periods indicated.

 

Table 18 – Ecopetrol S.A.’s Subsidiaries Outside Colombia Average Daily Crude Oil Production

 

 For the year ended December 31,  For the year ended December 31, 
 2016  2015  2014  2017  2016  2015 
 (thousand bpd)  (thousand bpd) 
Savia Perú  4.1   4.8   5.9   4.4   4.1   4.8 
Ecopetrol America Inc.  5.5   2.5   2.6   9.2   5.5   2.5 
Total average daily crude oil production (International)  9.6   7.3   8.5   13.6   9.6   7.3 

 

Natural Gas Production

 

The following table sets forth our average daily natural gas production outside Colombia, prior to deducting royalties, for the periods indicated.

 

Table 19 – Ecopetrol S.A.’s Subsidiaries Outside Colombia Average Daily Natural Gas Production

 

 For the year ended December 31,  For the year ended December 31, 
 2016  2015  2014  2017  2016  2015 
 (thousand boepd)  (thousand boepd) 
Savia Perú  1.3   1.2   0.5   0.6   1.3   1.2 
Ecopetrol America Inc.  1.2   2.6   2.1   2.0   1.2   2.6 
Total average daily natural gas production (International)  2.5   3.8   2.6   2.6   2.5   3.8 

 

Development Wells

 

The following table sets forth the number of gross and net development wells outside Colombia, drilled exclusively by us and in joint ventures for the periods indicated. Information in the table below reflects productive wells that directly contribute to hydrocarbons production and therefore excludes wells used for injection, disposal, water abstraction, or other similar activities.

 

Table 20 – Ecopetrol S.A.’s Subsidiaries Outside Colombia Gross and Net Development Wells(1)

 

 For the year ended December 31,  For the year ended December 31, 
 2016  2015  2014  2017  2016  2015 
 (number of wells)  (number of wells) 
Savia Perú                        
Gross wells  -   -   13   -   -   - 
Net wells(1)  -   -   6.5 
Net wells(2)  -   -   - 
Ecopetrol America Inc.                        
Gross wells  3   2   -   2   3   2 
Net wells(1)  0.7   0.4   - 
Net wells(2)  0.4   0.7   0.4 
Total gross wells (International)  3   2   13   2   3   2 
Total net wells (International)  0.7   0.4   6.5   0.4   0.7   0.4 

 

 

(1)Information in the table above reflects productive wells that directly contribute to hydrocarbons production and therefore excludes wells used for injection, disposal, water abstraction, or other similar activities.
(2)Net wells correspond to the sum of wells entirely owned by us or our subsidiaries and our ownership percentage of wells owned in joint ventures with our partners.

 2221 

 

Production Acreage

 

The following table sets forth our developed and undeveloped gross and net acreage of crude oil and natural gas production outside Colombia for the year ended December 31, 2016.2017.

 

Table 21 – Ecopetrol S.A.’s Subsidiaries Outside Colombia Developed and Undeveloped Gross and Net Acreage of Crude Oil and Natural Gas Production

 

 Production acreage as of December 31, 2016  Production acreage as of December 31, 2017 
 Developed  Undeveloped  Developed  Undeveloped 
 Gross  Net  Gross  Net  Gross  Net  Gross  Net 
 (in acres)  (in acres) 
Savia Perú  137,246   79,575   57,671   0   79,575   39,788   57,671   28,836 
Ecopetrol America Inc.(1)  49,680   10,645   18,261   5,736   72,720   20,243   23,040   6,566 
Total (International)  186,926   90,220   75,932   5,736   152,295   60,031   80,711   35,402 

 

 

(1)Production and acreage from Ecopetrol America Inc. is related to the K2, Dalmatian and Gunflint field blocks in the Gulf of Mexico. For K2, there are four blocks in the production stage. For Dalmatian, there are six5 blocks fivein the production stage, of which 3 are held by production.producing. For Gunflint, there are four blocks in production.the production stage, of which 2 are producing.

 

Gross and Net Productive Wells

 

The following table sets forth our total gross and net productive wells outside Colombia for the year ended December 31, 2016.2017.

 

Table 22 – Ecopetrol S.A.’s Subsidiaries Outside Colombia Gross and Net Productive Wells

 

 As of December 31, 2016  As of December 31, 2017 
 Crude Oil  Crude Oil 
 Gross  Net  Gross  Net 
 (number of wells)  (number of wells) 
INTERNATIONAL                
Savia Perú  639   320   626   313 
Ecopetrol America Inc.  14   2.4   14   3.3 
Total (International)  653   322.4   640   316.3 

 

3.4.2.3Marketing of Crude Oil, Natural Gas and Refined Products

3.4.2.3       Marketing of Crude Oil, Natural Gas and Refined Products

 

In 2016,2017, Ecopetrol sold 962.5917.2 mboepd, out of which 449.7434.5 mbopd represented sales of crude oil (46.7%(48%), 77.875.7 mboepd natural gas (8.1%(8%) and 435.0407 mboepd of fuels and petrochemicals (45.2%(44%).

 

Crude Oil Export Sales

 

ExportCrude oil export sales of crude oil in 20162017 decreased by 10119 mbopd as compared to 2015 primarily2016 mainly due to the crude Castilla blend and the Vasconia Norte blend being used as parthigher consumption of the slate for Reficar and therefore not available for exporting activities.local refineries. Ecopetrol’s crude oil export sales are traded both in the spot and contract markets, primarily to refiners in the United States, Asia Europe, Central America and the Caribbean.Europe.

 

The Castilla blend is the principalmain type of crude oil for foreignexport sales, with 330.8315.1 mbopd sold during 20162017 (a 74%76% share of our crude oil basket) followed by the Vasconia Norte with 32.329.1 mbopd (an(a 7% share in our crude oil basket), Vasconia with 15.2 mbopd (a 4% share of our crude oil basket), and the MagdalenaSouth blend with 2413.0 mbopd (a 5%3% share of our crude oil basket).

 

A market diversification strategy has allowed Ecopetrol to shift towards markets where it captures a better value for its crudes. The United States, Europe, Central America and Caribbean were destinations that showed an increase in our crude oil export volume, from 67% of total export sales in 2015 to 81% of total export sales in 2016. In contrast, other destinations, such as Asia, experienced a decrease in volume mainly due to: (i) larger supply coming into this market from the Middle East and (ii) more opportunities for Ecopetrol S.A. to sell in the United States because of the interest of refiners in imported crude.

 2322 

 

 

Ecopetrol placed its exports in markets that represent the best value for its crudes. The United States remained the main destination representing almost a half of our crude exports. In particular, lower supply of other heavy and intermediate grades generated new opportunities for Colombian crudes in the US. In addition, the percentage of exports to Asia increased from 15% in 2016 to 25% in 2017 due to the expansion of refining capacity and higher imports in that market. Ecopetrol’s crude basket reached a nine year high, discounted only by US$ 6.9/bl below the ICE Brent price.

Crude Oil Purchase Contracts

 

Ecopetrol has signed several crude oil purchase contracts with third parties and business partners. Ecopetrol also purchases crude oil received byfrom the ANH as royalties from other producers in Colombia.royalties. This oil is processed in Ecopetrol’s refineries or exported. The purchase price correspondsis referenced to export parity based on international market prices plus a commercial fee.

 

The term of some of our purchase contracts iscontract terms are typically linked to the term of the exploration and production contracts signed with our business partners. Other contract clauses of the contracts such as price and placepoint of delivery vary and may be subject to renegotiation during the term of the contract. Certain purchase contracts are not linked to joint venture agreements and may be extended and renegotiated by the parties.

 

The table below sets forth the volumes of crude oil purchased from our business partners and third parties and volumes of crude oil purchased from the ANH corresponding tofrom royalties for the years ended on December 31, 2017, 2016 2015 and 2014.2015.

 

Table 23 – Ecopetrol Consolidated Crude Oil Purchases

 

 For the year ended December 31,  For the year ended December 31, 
 2016  2015  2014  2017  2016  2015 
 (million barrels)  (million barrels) 
Ecopetrol Corporate Group                        
Crude oil purchased from the ANH  42.9   45.6   45.4   40.3   42.9   45.6 
Crude oil purchased from third parties  15.5   15.6   20.9   16.7   15.5   15.6 
Crude oil imported from third parties  22   1.8   -   24.8   22.0   1.8 

 

Import of Diluents

 

In 2016,2017, Ecopetrol decreased by 12.3% (7.9 mboepd) the imports of diluentsdiluent by 8% (5 mbpd) compared to 2016. Diluent is used to allowtransport our heavy crudes to be pumped through pipelines, as compared to 2015,the pipeline system and the reduction is due to an increaseoptimizations in dilution processes within the viscosity specifications in the transport of heavy crude oil.transformation plan last year.

Natural Gas Sales

 

Ecopetrol sells natural gas to distribution companies through firm, interruptible and conditional contracts. These distributors supply natural gas to the residential market, foras compressed natural gas for vehicles market and to industrieslarge industrials in Colombia. We also market and sell natural gas directly to the industrial sector and to gas-fired and combined cycle power plants.

 

Despite higher demand by thermal power plants due to “El Niño” climate phenomenon, Ecopetrol’s natural gas sales and self-consumption decreased 15.9% (14.7by 2.8% (2.2 mboepd) as compared to 20152016 due to the decline of production at the Guajira field, restrictions on transportinglower demand from natural gas by pipeline to dispatch natural gas from fields found in the inner part of Colombia and the decrease in consumption of the industrial and vehicular sectors. Our market share in 2016 was 64% as compared to 63% in 2015.fired power plants.

 

23

Natural Gas Delivery Commitments

 

The table below sets forth the commitments we have in Colombia under firm contracts with local natural gas distribution companies, local industries, gas fired power generators, and internal agreements with our refineries and fields.

 

24

Table 24 – Ecopetrol Consolidated Natural Gas Delivery Commitments

 

 For the year ended December 31,  For the year ended December 31, 
 2017  2018  2019  2020  2018  2019  2020  2021 
 (gbtud)  (gbtud) 
Volume for sales third parties  475.2   464.2   246.2   190.2   437.3   219.0   171.8   114.1 
Volume for self-consumption  224.4   231.4   225.4   265.4   137.2   137.7   137.7   136.3 
Total Commitments  699.6   695.6   471.6   455.6   574.5   356.7   309.5   250.4 

 

Neither Ecopetrol America, Equion nor Savia Peru are included in the table above since they do not consolidate within Ecopetrol Group. In respectData was updated based on current contracts and the official report made to the Ministry of Ecopetrol America Inc., it does not have anyMines and Energy in 2017.During 2017 the Energy and Gas Regulatory Commission published a new resolution modifying the existing trading rules in the Colombian natural gas delivery or supply commitments.market. One of the major changes provided Ecopetrol the opportunity to negotiate and subscribe one-year term agreements starting on December 2018. See the sectionBusiness Overview—Applicable Laws and Regulations—Regulation of the Natural Gas Market.

 

Refined Products

 

Domestic sales of refined products increased by 3.68.6 mboepd, an increase of 1.2%2.9% compared with 2015.to 2016. This increase is primarily the result of: (i) a 10%2.7%, or 10.23.8 mboepd, increase in middle distillates sales mainly due to the reactivation of oil service and the mining sector, (ii) a 2.2%, or 2.4 mboepd, increase in gasoline sales mainly due toas a 13%result of a decrease in gasoline prices as compared to 2015 and lessthe production of ethanol for gasoline blending, (ii)(iii) a 5%32.8%, or 1.3 mboepd increase, in fuel sales mainly due to a 5% increase in the number of passengers transported as compared to 2015 and a 2% increase in air freight as compared to 2015, (iii) a 28%, or 1.32.1 mboepd, increase in fuel oil sales mainly as a result of new contracts, and higher domestic fuel sales at Reficar, and (iv) a 1.9%3.1%, or 0.30.5 mboepd, increase in LPG sales mainly due to an increase inprimarily as a result of the stabilization of production at Reficar. These increases were partially offsetReficar and imports of LPG carried out by Ecopetrol to meet the national demand deficit, and (v) a 6%1.6%, or 7.5a 0.3 mboepd, decrease in dieselpetrochemicals sales, mainly due to the freight land transportation strike in June and July 2016 and lower than expected economic growth.

Exports of products increased by 93.7% as compared to 2015, due to 74 mboepd increase by Reficar mainly due to: (i) the finalization of the entire expansion and modernization project, followed by the startup process completed in July 2016, thereby advancing to the stabilization phase, and (ii) an increase in Propilco’s exports of close to 0.6 mboepd in 2016 (9.9 mboepd vs. 9.3 mboepd of 2015). This increase was partially offset by a decrease in fuel oil exports by 6 mboepd, or 10%, due to lower fuel oil production in the Barrancabermeja Refinery.

In addition, local sales of petrochemicals (included in domestic sales of products) decreased as compared to the previous year (19.2 mboepd in 2016 compared with 21.7 mboepd in 2015), due to a decrease in asphalt and aromatic solvents sales by Ecopetrol S.A.S.A, as a consequence of non-execution of 4G road construction projects and contraction of the domestic demand and availability problems for aliphatic solvent.

Exports of products decreased by 25.7% compared to 2016 (18.7 mbd from Reficar and 17.7 mbd from Ecopetrol) primarily due to a decrease in Propilco’s sales.our exports of fuel oil and high sulfur diesel. The 40% or 27 mbd, decrease in our fuel oil exports was primarily due to start up activities at our Coker Unit. The 39% or 11 mbd, decrease in our diesel exports was primarily due to our production of ultralow sulfur diesel for our local market.

 

3.4.3Reserves

3.4.3       Reserves

 

The reserves audit process was conducted in accordance with SEC definitions and rules set forth in Rule 4-10(a) of Regulation S-X and the disclosure guidelines contained in the SEC’s Modernization of Oil and Gas Reporting final rule dated December 31, 2008 and effective as of January 1, 2010.

 

The estimated reserve amounts presented in this report, as of December 31, 2016,2017, are based on the average prices during the 12-month period prior to the ending date of the period covered in this report, determined as the unweighted arithmetic averages of the prices in effect on the first day of the month for each month within such period, unless prices were defined by contractual arrangements, as required by the SEC regulations.

 

Our crude oil and natural gas net proved reserves include reserves from our subsidiaries located in the United States (Gulf of Mexico) and Peru, and Equion and Hocol’s assets in Colombia.

 

 2524 

 

 

Estimated Net Proved Reserves

 

The following table sets forth our estimated net proved developed reserves of crude oil and gas by region for the years ended December 31, 2017, 2016 2015 and 2014.2015.

 

Table 25 – Net Proved Developed Reserves

 

Net Proved Developed Reserves Colombia  North
America
  South
America
excluding
Colombia
  Total  Colombia  North
America
  South
America
excluding
Colombia
  Total 
Net Proved Developed oil reserves in million barrels oil equivalent                                
At December 31, 2014  967   2   10   979 
At December 31, 2015  849   3   6   858   849   3   6   858 
At December 31, 2016  710   6   7   723   710   6   7   723 
At December 31, 2017  747   10   6   763 
Net Proved Developed NGL reserves in million barrels oil equivalent                                
At December 31, 2014  62   0   1   63 
At December 31, 2015  54   0   1   55   54   0   1   55 
At December 31, 2016  55   0   1   56   55   0   1   56 
At December 31, 2017  54.6   0   0.8   55.4 
Net Proved Developed gas reserves in billion standard cubic feet                                
At December 31, 2014  3,260   14   9   3,284 
At December 31, 2015  3,156   16   5   3,176   3,156   16   5   3,176 
At December 31, 2016  3,114   9   8   3,131   3,114   9   8   3,131 
At December 31, 2017  3,143   10   5   3,158 
Net Proved Developed oil, NGL and gas reserves in million barrels oil equivalent                                
At December 31, 2014  1,602   5   12   1,618 
At December 31, 2015  1,457   5   7   1,470   1,457   5   7   1,470 
At December 31, 2016  1,311   8   10   1,329   1,311   8   10   1,329 
At December 31, 2017  1,353   11   8   1,372 

 

The conversion rate used is 5,700 standard cubic feet = 1 barrel of oil equivalent.

 

We are required, as are all oil companies undertaking exploratory and production activities in Colombia, to pay a percentage of our production to the Government as royalties. However, the ANH’s Resolution 877 of 2013, Resolution 351 of 2014 and Resolution 640 of 2014 require natural gas royalties to be paid in cash, which means that the determination of the property rights to the quantities of natural gas we produce is based on the total volume produced without deductions on account of royalties. The main producing gas fields are Cusiana, Cupiagua, Pauto, Chuchupa, Gibraltar, Ballena and Ballena.

The Ministry of Mines and Energy is responsible for reviewing and approving the design of and tracks for crude oil pipelines in Colombia. The Ministry of Mines and Energy establishes transportation rates based on information provided by the service suppliers, with the tariffs based on the principle of cost recovery plus a reasonable rate of return.

In prior filings, Ecopetrol has used the tariffs set by the Ministry of Mines and Energy as transportation cost to be deducted from the crude benchmark price for the purpose of evaluating the economic production, economic life and reserves of Colombian assets.Mamey.

 

Ecopetrol S.A. owns 100% of Cenit, a subsidiary that operates in Colombia and is dedicated to the storage and transportation of hydrocarbons through pipelines. Cenit provides transportation services for the entire Ecopetrol Group and we fully consolidate Cenit into our consolidated results of operations. Therefore, the difference between the tariffs set by the Ministry of Mines and Energy and the real transportation costs (fixed and variable operating expenses) does not affect our consolidated income statement. Thus, in presenting our reserves information in this2016 and 2017 annual report, we have used our real transportation costs, rather than the regular tariffs set by the Ministry of Mines and Energy.

 

26

The following table summarizes our proved oil, NGL and natural gas reserves, which includes 234304 billion standard cubic feet of fuel gas within our natural gas results and 671562 billion cubic feet of royalties, as of December 31, 2016.2017.

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Table 26 – Proved Oil, NGL and Natural Gas Reserves

 

Reserves Category Oil
(million
barrels)
 NGL
(million
barrels)
 Natural
Gas (bcf)
 Total Oil
and Gas
(Mmboe)
  Oil (million
barrels)
  NGL (million
barrels)
  Natural Gas
(bcf)
  Total Oil and
Gas
(Mmboe)
 
PROVED DEVELOPED RESERVES                                
Total (Colombia)  710   55   3,114   1,311   747   54.6   3,143   1,353 
International:                                
North America  6   0   9   8   10   0   10   11 
South America  7   1   8   10   6   0.8   5   8 
TOTAL PROVED DEVELOPED RESERVES  723   56   3,131   1,329   763   55.4   3,158   1,372 
PROVED UNDEVELOPED RESERVES                                
Total (Colombia)  238   13   85   266   247   19   93   282 
International:                                
North America  3   0   2   3   4   0   3   5 
South America  0   0   0   0   0   0   0   0 
TOTAL PROVED UNDEVELOPED RESERVES  241   13   87   269   251   19   96   287 
TOTAL PROVED RESERVES  964   69   3,218   1,598   1,014   74   3,253   1,659 

 

The conversion rate used is 5,700 standard cubic feet = 1 barrel of oil equivalent.

 

Reserves Replacement

 

The reserves replacement ratio is defined as the sum of additions and revisions of proved reserves divided by produced volumes in any given period. The following table presents the changes in reserves in each category relating to the reserve replacement ratio for the years 2017, 2016 2015 and 2014.2015.

 

Changes in Proved Reserves

 

Table 27 – Changes in Proved Reserves

 

 As of December 31,  As of December 31, 
 2016  2015  2014  2017  2016  2015 
Consolidated Company (million barrels oil equivalent)                        
Revisions of previous estimates  (54)  (25)  270   174   (54)  (25)
Improved Recovery  11   16   34   73   11   16 
Extensions and discoveries  27   24   51   44   27   24 
Purchases  4   -   - 
Total reserves additions  (16)  16   355   295   (16)  16 
Production  (235)  (251)  (243)  (234)  (235)  (251)
Net change in proved reserves  (251)  (235)  112   61   (251)  (235)

 

 

 

The reserves replacement ratio for 20162017 was (0.07)1.26 compared to 0.06(0.07) in 2015.2016. The average replacement ratio for the last three years was 0.48.0.42.

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Table 28 – Reserves Replacement Ratio (including purchase and sales)

 

  As of December 31, 
  2016  2015  2014 
Annual  (0.07)  0.06   1.46 
Three year average  0.48   0.97   1.31 

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  As of December 31, 
  2017  2016  2015 
Annual  1.26   (0.07)  0.06 
Three year average  0.42   0.48   0.97 

 

Revisions of Previous Estimates

 

In 2016,2017, revisions reducedincreased reserves by 54174 million boe, mainly as a result of:

 

(i)A decreaseAn increase of 15749 million boe due to: (i) economic factors, primarilyto the decrease in oil prices, leading tocontinuous development of the Castilla, Chichimene, Rubiales, Caño Sur and Akacias fields of which a 11432 million boe decreaseincrease in reserves (the ICE Brent crude price was 20% lower in 2016 as comparedis due to 2015, which resultedthe new development projects in the lowering of economic limitsCaño Sur and Akacias fields, and a 17 million boe increase in some of our fields)reserves is due to development activities and (ii) our portfolio of projects decreased by 43 million boe.improved reservoir performance in the Chichimene, Castilla and Rubiales fields.

 

(ii)An increase of 23 million boe due to improved natural gas sales in the Cupiagua and Pauto fields, which in turn was due to better performance and improved output of such fields. Additionally, new gas and NGL projects in the Cupiagua Sur field led to a 27 million boe due to: (i) 19increase in reserves. Revisions in the Nutria, Llanito, Tibu, Casabe and Cohembi fields as a result of drilling activities and better production performance accounted for a 23 million boe increase at the Palagua-Caipal fields, given the execution of the Company´s plan to perform additional drilling activities in order to cover new proved area, and (ii) the development projects in the Guatiquia, Ocelote, Provincia, Quifa and Dalmatian fields that increased reserves by 8 million boe.reserves.

 

(iii)An increase of 25 million boe, as a result of change in the percent of royalties collected from the drilling project at the Rubiales field.

(iv)An estimated 53The remaining 30%, or 52 million boe, increase given that Ecopetrol is using real transportation costs in this annual report as opposedreserves was due to the tariff established by the Ministry of Minesvarying increases and Energy.decreases from other fields.

 

Improved Recovery

 

In 2016,2017, improved recovery increased reserves by 1173 million boe. The additions were associated with new proved areas under waterflooding in the Chichimene and Castilla fields (47 million boe increase).

The continued development of water floodwaterflooding projects throughat existing wells although additional drilling may be required to fully optimizein the development configuration. The main additions were inTibu, La Cira-Infantas, Chichimene,Cira, Infantas, Casabe and YariguiGuando SW fields, which collectively accountedaccounting for an 8a 24 million boe increase. The remaining 3%, or 2 million boe, increase was due primarily to water injection pilots in the Apiay and Palogrande fields.

 

Extensions and Discoveries

 

Extensions and discoveries during 20162017 amounted to 2744 million boe which is comprised of 25 million boe ofprimarily due to extensions of proved acreage and 2 million boe from newly discovered fields and reservoirs. The newly discovered fields in Colombia corresponded to the Bayonero and Oripaya fields, and new reservoirs were discovered in Coren, Corocora Sur and Cravo Este. The extensions of proved acreage resulted mainly from activities in new proved areas in the Rubiales, Castilla, Chichimene, Gibraltar, Pauto, Cajua and RubialesArrayan fields, which accounted for 2039 million boe of the total of 2544 million boe from extensions of proved acreage. The remaining 5 million boe corresponds to smaller changes in several other fields.

 

Purchases

Ecopetrol S.A.’s purchases of minerals in 2017 included the acquisition of an additional participation of 11.6% in the K2 Field by Ecopetrol America Inc which represented 4 million boe.

Development of reserves

 

As of December 31, 2016,2017, our total proved undeveloped oil and gas reserves amounted to 269287 million boe, 27%24% of which areis related to the drilling activities in Areathe Castilla field, 11% is related to gas sale projects in the Pauto and 25%Cupiagua fields and 42% of which is related to the development activities in the Rubiales, field.Caño Sur, Chichimene, Yarigui, Tibu, Nutria, Palagua and Quifa fields. The Cupiagua, Palagua, Pauto, Quifa,Moriche, Ocelote, Akacias, Dina, Casabe, Llanito, La Cira and YariguiCajua fields collectively accounted for 27%11% of total proved undeveloped oil and gas reserves with the remaining 21%12% from several other fields.

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Our proved undeveloped reserves represent 17% of our total proved reserves.

 

The Ecopetrol’s year-end development plans are consistent with SEC guidelines for the development of proved undeveloped reserves within five years.

 

The following table reflects the developed and undeveloped proved reserves estimates through the past three fiscal years.

 

Table 29 – Developed and Undeveloped Proved Reserves

 

Proved Reserves as of December 31, Oil  NGL  Gas  Total 
  Mmbls  Mmbls  Bcf  Mmboe 
2016 proved reserves                
Developed  723   56   3,131   1,329 
Undeveloped  241   13   87   269 
2015 proved reserves                
Developed  858   55   3,176   1,470 
Undeveloped  308   18   303   379 
2014 proved reserves                
Developed  979   63   3,284   1,618 
Undeveloped  405   18   245   466 

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Proved Reserves as of December 31, Oil  NGL  Gas  Total 
  Mmbls  Mmbls  Bcf  Mmboe 
2017 proved reserves                
Developed  763   55   3,158   1,372 
Undeveloped  251   19   96   287 
2016 proved reserves                
Developed  723   56   3,131   1,329 
Undeveloped  241   13   87   269 
2015 proved reserves                
Developed  858   55   3,176   1,470 
Undeveloped  308   18   303   379 

 

Of the total amount of proved undeveloped reserves that Ecopetrol had at the end of 2015 (3792016 (269.3 million boe), we converted approximately 6853 million boe, or 18%20%, to provedproven developed reserves during 2016,2017 (286.6 million boe), primarily associated with the development of crude oil and gas projects in the Castilla, Rubiales, Pauto, Mamey, BongaQuifa, La Cira Infantas and GunflintK2 fields. These projects accounted for approximately 84%89% of the total conversion while the remaining 16%11% is associated with development execution in other fields such as the QuifaChichimene and RubialesOcelote fields, among others. The amount of investments made during 20162017 to convert proved undeveloped reserves to proved developed reserves was US$709494 million.

 

Changes in Undeveloped Proved Reserves

 

The following table reflects the main changes in undeveloped proved reserves during 2016.2017.

 

Table 30 – Changes in Undeveloped Proved Reserves in 20162017

 

Consolidated Companies
(Companies(million barrels oil equivalent)
   
Revisions of previous estimates  (60.49)
Improved recovery  7.136 
Extensions and discoveries  11.825 
Proved Undeveloped converted to Proved Developed  (68.453)
Net change in unproved reserves  (109.917)

 

 

The conversion rate used is 5,700 standard cubic feet = 1 barrel of oil equivalent.

 

Reserve Estimation Process

 

Ecopetrol’s reserves process is supervised and coordinated by the Corporate Reserves Director,Manager, a highly experienced geologist and engineer, who reports to the Upstream Chief Financial Officer. The reserves audit group is comprised of reserves coordinators who are geologist and petroleum engineers, each with more than 10 years of experience in reservoir characterization, field development, estimation and reporting of reserves and who have supervision and supporting responsibilities oversupport the professionals involved in the estimation and reporting process.

 

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Reserves are first estimated internally, supervised and coordinated by the Corporate Manager of Reservoirs, a geologist who holds a Master’s degree in geology and has more than 20 years of experience in projects associated with reservoir characterization and development, estimation, and reporting of reserves. The employees involved in the reserves process meet the Society of Petroleum Engineers qualifications for reserves estimators. Internally estimated reserves are submitted to an external audit process, which was conducted by the external engineers (Ryder Scott and DeGolyer and MacNaughton). According to our corporate policy, we report the reserves values obtained from the external engineers, even if they are lower than our internal estimated reserves.

 

The reserves estimation process ends when the Corporate Reserves DirectorManager consolidates the results and together, with the Technical Vice-President, presents themthe outcome to the Reserves Committee, which is composedcomprises the CEO, Vice-President of theDevelopment and Production, Chief Financial Officer and the Vice-President of Development and Production.Upstream Chief Financial Officer. Results are later presented to the Audit and Risk Committee of the Board of Directors and finally approved by the Board of Directors.

 

Petroleum engineering consultants DeGolyer and MacNaughton and Ryder Scott have audited Ecopetrol’s proved reserves as of December 31, 2016.2017. These external engineers audited 99% of our estimated net proved reserves. The reserves reports of the external engineers are included as exhibits to this annual report. The external engineers DeGolyer and MacNaughton and Ryder Scott audited 99% of our estimated net proved reserves for the year ended December 31, 20152017, 2016 and 2014.2015.

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Ecopetrol uses deterministic methods that are commonly used internationally to estimate reserves. These methods have some uncertainty with respect to degradation, and thus, the estimates should not be interpreted as being exact amounts. However, the technology used to estimate reserves is considered reliable. The majority of the producing proved reserves were estimated by applying appropriate decline curves or other performance relationships. In analyzing decline curves, reserves were estimated by calculating economic limits that are based on current economic conditions. In certain cases, where the methods previously employed could not be used, reserves were estimated by analogy with similar reserves for which more complete data was available.

 

Estimates of reserves were prepared by geological and engineering standard methods commonly used in the oil and gas industry. The method or combination of methods used in the analysis of each reserve was adopted from experience analogy reserves, including information on the stage of development, quality and completeness of basic data and production history.

 

The following table reflects the estimated proved reserves of oil and gas as of December 31, 20142015 through 2016,2017, and the changes therein.

 

Table 31 – Estimated Proved Reserves of Oil and Gas

 

Consolidated companies Colombia  North
America
  South America
excluding
Colombia
  Total  Colombia  North
America
  South
America
excluding
Colombia
  Total 
 Net proved oil, NGL and gas reserves in Mmboe  Net proved oil, NGL and gas reserves in Mmboe 
Revisions  264.7   1.7   4.0   270.4 
Purchase of Minerals  0.0   0.0   0.0   0.0 
Improved Recovery  34.1   0.0   0.0   34.1 
Extensions and discoveries  50.1   0.8   0.0   50.9 
Sales  0.0   0.0   0.0   0.0 
Production  (239.6)  (1.5)  (2.0)  (243)
At December 31, 2014  2,043   18   23   2,084 
Revisions  (14.8)  (2.8)  (7.1)  (24.7)
Purchase of Minerals  0.0   0.0   0.0   0.0 
Improved Recovery  15.8   0.0   0.0   15.8 
Extensions and discoveries  24.4   0.0   0.0   24.4 
Sales  0.0   0.0   0.0   0.0 
Production  (247.5)  (1.4)  (1.8)  (250.7)
At December 31, 2015  1,821   14   14   1,849   1,821   14   14   1,849 
Revisions  (51)  (0.7)  (2.5)  (54)  (51)  (0.7)  (2.5)  (54)
Improved Recovery  11   0   0   11   11   0   0   11 
Extensions and discoveries  27   0   0   27   27   0   0   27 
Production  (231)  (2.3)  (1.7)  (235)  (231)  (2.3)  (1.7)  (235)
At December 31, 2016  1,577   11   10   1,598   1,577   11   10   1,598 
Revisions  170   4.6   (0.3)  174 
Improved Recovery  73   0   0   73 
Extensions and discoveries  44   0   0   44 
Purchases  0   4   0   4 
Production  (229)  (4)  (1.5)  (234)
At December 31, 2017  1635   16   8   1659 

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For more information regarding the potential impacts of oil prices on our reserve estimates, see the sectionsFinancial Review—Trend Analysis and Sensitivity Analysis andRisk Review—Risk Factors.

 

3.4.4Joint Venture and Other Contractual Arrangements

3.4.4       Joint Venture and Other Contractual Arrangements

 

We conduct our exploration and production business through a variety of types of contractual arrangements with the Colombian government or with third parties. Below is a general description of each type of contractual arrangement to which we were a party as of December 31, 2016:2017:

 

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Association Contract

 

CreatedThe purpose of this type of contract, created by the Decree 2310 of 1974, the purpose of this contract is the exploration of the areas covered by the contract, and the exploitation of hydrocarbons found in that area. This type of contract, together with E&P contracts and Special Contracts (Casabe and La Cira) which are described below, are the most significant in terms of our production and proved reserves.

 

Under association contracts, the exploratory risk is assumed entirely by Ecopetrol S.A.’s contractual partner, the associate. If there is a discovery and Ecopetrol S.A. agrees that the relevant field is commercially viable, Ecopetrol S.A. will participate in the field’s development. A joint account will be created and Ecopetrol S.A. and the partner will participate in the expenses and investments in the proportions established in the corresponding contract. Ecopetrol S.A. will reimburse the direct exploratory expenses incurred by the contractual partner in the proportions established by the contract.

 

If Ecopetrol S.A. does not believe that the relevant field is commercially viable, the partner has the right to execute on its own all activities considered necessary for the field’s exploitation as a “sole risk operation”, and to be reimbursed for a defined percentage of all investments for such sole risk operation in accordance with the corresponding contract.

 

Every association contract provides for an executive committee that makes all technical, financial and operational decisions if Ecopetrol S.A. has agreed that a field is economically viable. All major decisions of this committee must be made unanimously by the parties.

 

The maximum term of an association contract is 28 years. The first six years of the contract are for the exploratory phase, and are extendible for 1 or 2 more years at the partner’s request. The remaining time is for the exploitation phase.

 

Incremental Production Contract

 

We enter into incremental production contracts to obtain incremental hydrocarbon production beyond a base production curve that is established based on the proven reserves of a specific field or well. Under this type of arrangement, Ecopetrol S.A. owns 100% of the hydrocarbons defined by the base production curve. The incremental production (i.e. the hydrocarbon volume obtained beyond the basic production as a result of investment activities), will be owned by the parties to such incremental production contract in the proportions established by such contract.

 

The initial phase of an incremental production contract has a term of up to 3 years, in which the contractual partner executes an initial work program approved by Ecopetrol S.A. in order to gain the right (but not the obligation) to continue with the second phase. If Ecopetrol’s partner decides to continue with the project for the second phase (the complementary phase), it must inform Ecopetrol S.A. in writing no later than 90 days prior to the termination date of the initial phase and deliver a proposed development plan for each covered field. The second phase is the production phase and has a maximum term of 22 years minus the length of the initial phase.

 

Incremental production contracts provide for an executive committee that is responsible for taking all decisions in order to approve, control, and supervise all operations that take place during the duration of the contract. These contracts also provide for a steering committee, which is responsible for the supervision of the execution of the work programs, the annual budget, and other items.

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Risk Production Contract for Discovered Undeveloped and Inactive Fields (First Round 2003)

 

We have entered into risk production contracts for discovered undeveloped fields to promote exploration by private companies of both undeveloped and inactive fields. Under these contracts, the contracting party assumes all costs and expenses for the development and operation of a field in exchange for a percentage interest in the fields’field’s production as specified in the contract. This type of contract has a ten-year term calculated as from its date of execution; one year for the evaluation period and a maximum of nine years for the development period. Some of these contracts have subsequently been extended beyond their original term.

 

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Operation for Risk Production Contracts for Discovered Undeveloped and Inactive Fields (Second Round 2005)

 

The contracts awarded in the second round of undeveloped and inactive discovered fields are service contracts wherein services rendered are payable with a percentage of the production. Ecopetrol S.A. keeps all rights to explore and exploit hydrocarbons found in the area.

 

These contracts have a 10 year term, including an evaluation period of 8 months, within which the operator has to comply with a minimum commitment to conduct a technical evaluation of the field at its own risk.

 

TheOther than facilities associated with drilled wells, the facilities built during the term of the contract other than facilities associated with drilled wells, will be owned by the operator, who will remain responsible for them, even after contract ends. Only drilled wells become property of Ecopetrol S.A. upon the contract’s termination.

Risk Participation Contract

 

The purpose of this contract is the exploration of the contracted area, and the exploitation of the oil found in the contracted area. Unlike in the association contract, Ecopetrol S.A. shares exploratory risks and costs with the contractual partner, the associate, together with the oil produced, in the proportions established by the contract.

 

Risk participation contracts provide for an executive committee which is created upon the execution of the contract.

 

These contracts have a 28 year term, including an exploratory period of six years (which period is extendible under certain contracts for one or two years), after which the exploitation period commences.

Special Contracts

 

We are party to a Joint Venture Contract for Exploration and Exploitation of “La Cira-Infantas” Area; and a Services and Technical Collaboration Contract for the “Casabe” field.

Joint Venture Contracts for Exploration and Exploitation of “La Cira-Infantas” Area and of “Teca-Cocorná” Area

 

These contracts between Ecopetrol S.A. and Occidental Andina LLC, executed on September 6, 2005 and June 24, 2014, respectively, have as their purpose, a joint collaboration between the parties with the goal of increasing the economic value of the La Cira-Infantas field and the Teca-Corcorná field by means of hydrocarbon exploration and production activities, including, among others, an incremental production project to improve the recovery factor, process optimization, and exploratory activities.

 

Ecopetrol S.A. partially assigned its exploratory and production rights in the Contracted Areas to Occidental Andina LLC. Ecopetrol S.A. provides financial resources and the preferential rights of use for the existing infrastructure in that zone and Occidental Andina LLC provides financial resources and the technical and operative experience in mature fields redevelopment projects and enhanced recovery technologies.

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Ecopetrol S.A. is the operator under both Joint Venture Contracts, and on behalf of the parties is responsible for the conduction, execution and control, directly or via contractors, of the operational activities.

 

The La Cira-Infantas contract’s term is divided in three phases. The first phase lasts 180 days, the second 730 days and the third up to the economical limit.

 

The incremental production, after deduction of the royalties, is owned 52% by Ecopetrol S.A. and 48% by Occidental Andina LLC. These same percentages apply to the participation in the operational and direct expenses. Adjustments to the participations for the benefit of Ecopetrol S.A. will occur if there are high production levels or high prices.

 

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The Teca-Cocorná contract’s term is divided in two phases. The first phase lasts three years, extendable for up to an additional year, the second 20 years counted as from the initiation for the second phase and will be reduced by the term of any extensions of the first phase.

 

The incremental production, after deduction of the royalties, is owned 60% by Ecopetrol S.A. and 40% by Occidental Andina LLC. These same percentages apply to the participation in the operational and direct expenses. Adjustments to the participations for the benefit of Ecopetrol S.A. will occur if there are high production levels and high prices.

Services and Technical Collaboration Contract “Casabe”

 

The purpose of the contract executed between Ecopetrol S.A. and Schlumberger Surenco S.A. on April 26, 2004, is the evaluation, design and execution of work programs specifically with the purpose of increasing the value in the Casabe field by means of development ofhydrocarbon exploration and production activities to obtain incremental production, application of new technologies, application of techniques for deposits management and operational costs reduction. Ecopetrol S.A. is the operator and Schlumberger Surenco S.A. keeps the right of first option regarding the activities to be executed in the area of interest.

 

Both parties can invest in all the activities seeking to evaluate, obtain and incorporate incremental value in the area of interest. Such activities are developed directly by the parties or via contractors (Ecopetrol) or subcontractors (Schlumberger). Amounts expended pursuant to the contract are reimbursed depending on the incremental value (monthly valuation in US$ of the results obtained from the execution of the work programs) created through the contract and the activities executed thereunder.

 

Both Ecopetrol S.A. and Schlumberger Surenco S.A. commit to assume full responsibility for damages and/or losses suffered by their respective personnel and goods in development of the contract, regardless of the cause. The maximum authority is the Management Committee.

 

The contract had an initial term of 10 years, and was amended several times to include an additional term of six years for which a new business was structured.

The National Hydrocarbons Agency (ANH) and its Contracts

 

The National Hydrocarbon Agency (“ANH”) was created by Decree Law 1760 of 2003 and was given the authority to administer all national hydrocarbon reserves under contracts executed beginning on January 1, 2004 (Decree2004. Decree Law 1760 of 2003 states, “The Empresa Colombiana de Petróleos, Ecopetrol, is split, its organic structure is modified, and the Agencia Nacional de Hidrocarburos and the Sociedad Promotora de Energía de Colombia S.A. are created”). Prior to January 1, 2004, Ecopetrol S.A. had the authority to contract with third parties for the exploration and production of new areas.

The creation of the ANH did not modify the rights or obligations of Ecopetrol or other parties with respect to contracts in existence atbefore January 1, 2004 when the time when ANH was created and therefore Ecopetrol retains the authority to execute agreements with respect to all areas that it held as of January 1, 2004 when the ANH was created.prior to that date.

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Below, we include a brief description of each type of contract that we have entered into with the ANH:

 

Technical Evaluation Agreement

 

This type of contract grants to the contractor the right to develop technical evaluation operations with operational autonomy at its own cost and risk, seeking to appraise the hydrocarbon potential, with the purpose of identifying the zones of prospective interest in the area by means of the execution of an exploratory program. The contractor has the option to request the conversion of a technical evaluation agreement (“Technical Evaluation Agreement” or “TEA”) into one or more E&P Contracts that cover the area of the TEA (or a portion thereof).

 

The contractor can conduct evaluation activities for terms that vary between 18, 24 and 36 months, depending on the terms of reference of the ANH’s bidding round.

 

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E&P Contract

 

The ANH enters into concession contracts pursuant to which the Nation grants exploration and production rights, and receives royalties and taxes. In turn, the contractor provides 100% of the investment and expenses resources, and receives 100% of the production after royalties and taxes. The ANH has named this contract an “Exploration and Production Contract” (E&P Contract).

 

Pursuant to the first stage of this contractual model, the ANH only receivedreceives a percentage of oil revenues in two cases: (i) when the international oil prices rose beyond a specified price, above which the ANH has a right to participate in a share of the increased revenues generated, or (ii) in the case of recognition of production rights in an extended contractual phase.

(i)When the international oil prices rise beyond a specified price, above which the ANH has a right to participate in a share of the increased revenues generated, or

(ii)In the case of recognition of production rights in an extended contractual phase.

 

Under all E&P contracts executed since ANH’s 2008 bidding round, the ANH receives a percentage of the production from the beginning of the contract, upon the commencement of the production phase, and not only in the extension phase of the contract as mentioned in the previous paragraph, inparagraph. In addition, toANH has economic rights when the price of oil exceeds a reference price set in the contract (high price fee) and the superficiary canon.

 

E&P contracts have two phases: (i) an exploration period, which term is 6 years counted from the effective date, renewable for two additional years, and (ii) a production period, which is, with respect to each production field, 24 years plus any extensions, which are counted from the date of declaration of commerciality of the corresponding field. The above-mentioned terms have been modified during ANH’s 2014 bidding round for unconventional and offshore reservoirs to an exploration period of nine years and a 30 years production period.

 

ANH and Ecopetrol Agreements (Convenios)

 

At the time of termination or extension of any association contract (executedexecuted by Ecopetrol S.A. before December 31, 2003),2003, the rights over the production area and over the movable and immovable assets therein will continue to belong to Ecopetrol S.A.

Pursuant to article 2 of Decree 2288 of 2004, which regulates Decree Law 1760 of 2003, Ecopetrol S.A. must execute an agreement with the ANH to regulate the exploration and exploitation terms and conditions of the relevant area, which was previously subject to an association contract.

 

Decree 2288 of 2004 also established that Ecopetrol S.A. would have to execute agreements with ANH covering fields directly operated by Ecopetrol S.A. Under these agreements ANH recognizes the exclusive right of Ecopetrol S.A. to explore and exploit the hydrocarbons property of the Nation that are obtained in the areas they cover, until resource depletion or until Ecopetrol S.A. returns the area to the Nation through the ANH.

 

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These agreements also provide the conditions under which Ecopetrol S.A. is able to assign, partially or completely, its rights and duties thereunder to third parties.

 

3.5Transportation and Logistics

3.5       Transportation and Logistics

 

3.5.1.1Transportation Activities

3.5.1.1       Transportation Activities

 

The transportation and logistics segment includes the transportation of crude oil, motor fuels, fuel oil and other refined products including diesel, jet and biofuels. We conduct most of these activities through our wholly-owned subsidiary Cenit and its subsidiaries.

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The map below shows the locations of the main transportation networks owned by our business partners and us.

 

Graph 5 – Map of Oil Pipelines

 

 

 

 3534 

 

 

Graph 6 – Map of Multipurpose Pipeline

 

 

 

The table below sets forth the volumes of crude oil and refined products transported through the crude oil pipelines and multipurpose pipelines owned by us.

 

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Table 32 – Volumes of Crude Oil and Refined Products Transported

 

 For the year ended December 31,  For the year ended December 31, 
 2016  2015  2014  2017  2016  2015 
 (thousand bpd)  (thousand bpd) 
Crude oil transport(1)  867   978   954   823.3   867.0   978.0 
Refined products transport(2)  263   254   251   268.2   263.1   253.8 
Total  1,130   1,232   1,205   1,091.5   1,130.1   1,231.8 

 

 

(1)The crude oil transported volumes correspond to the following systems: Ocensa Segment 3, ODC, Vasconia-Galan, Ayacucho-Galan, Ayacucho-Coveñas and Trasandino Pipeline.

(2)The pipelines transporting refined products include the following: Galan-Sebastopol, Galan-Salgar, Galan-Bucaramanga, Buenaventura-Yumbo and Cartagena-Baranoa.

 

The volume of crude oil transported by Cenit´s main systems and those of affiliates decreased in 20162017 by 11%5% compared to the previous year. This decrease was mainly the result of lower production volumesattacks on the Caño Limon – Coveñas pipeline causing that pipeline to be out of operation for 193 days. Additionally, we experienced a decrease in Colombia and impacted mostthe volume of our crude oil pipelines.transported out of the Oleoducto Trasandino (“OTA”) pipeline. Of the total volume of crude transported by oil pipeline, approximately 68%60% belonged to Ecopetrol’s corporate group.

 

The volume of refined products transported by Cenit increased by 4%1.9% in 20162017 mainly due to a higher volumegrowth of products transported throughlocal fuel demand. This increase was partially offset by operating conditions such as, among others, an increase in inventories of certain customers, and the Galan – Sebastopol system to fulfill the demandpresence of illicit valves in the central region.Oriente pipelines. Of the total volume of refined products transported in multi-purpose pipelines during the year, 20%23% belonged to Ecopetrol’s corporate group.

 

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Transportation Capacity

 

During 2016,2017, we increased the capacity of our primary and secondary oil pipelines and loading facilities due to the reversionexpansion of Ocensa's capacity, which in turn was due to the commencement of project P135 that contemplated the repowering of the Ayacucho-Galan 14” system. Meanwhile, our main expansion projects are under way with our main focus being to performentire system including the adjustments to our infrastructure to allow the transportationentry of heavier crude oil.three new pumping stations in segments two and three. Our main crude oil pipeline systems’ operating capacity increased from 1,336,000 bpd in 2015 to 1,369,000 bpd in 2016.2016 to 1,500,000 bpd in 2017.

 

Our main refined products pipeline transportation capacity decreasedincreased from 529 thousand bpd in 2015 to 515 thousand bpd in 2016.2016 to 518.6 thousand bpd in 2017. This decreaseincrease in capacity was primarily the result of a reduction in the utilization of drag reducer agent (DRA) in our Galan – Sebastopol 12” system and the transportation of three refined products (naphtha, gasoline and diesel) in our Pozos Colorados – Galan system insteadnew validation of the two refined products (naphtha and diesel) transported in 2015.capacities of some of our pipelines with drag reducing agents.

 

References to our crude oil transportation capacity in this annual report refer to the capacity of the pipelines that belong to Cenit and its subsidiaries to transport crude oil volumes either to the Barrancabermeja Refineryrefinery or to our export facilities. In addition, we have other feeder systems that transport oil volumes from producing facilities or other pumping stations to these main pipelines. References to our refined products transportation capacity refer to the capacity of our Galan-Sebastopol, Galan-Bucaramanga, Cartagena-Baranoa, Pozos Colorados-Galanpipelines that begin in the Galan station (Barranca refinery) and Buenaventura-Yumbo systems.Cartagena station (Cartagena refinery).

 

3.5.1.2Pipelines

3.5.1.2       Pipelines

 

As of December 31, 2016,2017, we, directly or indirectly with private partners, own, operate and maintain an extensive network of crude oil and refined products pipelines. These pipelines connect our own and third-party production centers, import facilities and terminals to refineries, major distribution points and export facilities in Colombia. Cenit directly owns 49%45% of the total crude oil pipeline shipping capacity in Colombia. When aggregated with the crude oil pipelines in which Cenit owns an interest, Cenit owns 81%82% of the oil pipeline shipping capacity in Colombia. By December 31, 2016,2017, our network of crude oil and multipurpose pipelines was approximately 8,8608,939 kilometers in length. The transportation network consists of approximately 5,1465,228 kilometers of main crude terminals and oil pipeline networks connecting various fields to the Barrancabermeja Refineryrefinery and Reficar, as well as to export facilities. We also own 3,7143,712 kilometers of multipurpose pipelines for transportation of refined products from the Barrancabermeja Refineryrefinery and from Reficar to major distribution points. Out of the 5,1465,228 kilometers of crude oil pipelines, owned by us, 2,9853,016 kilometers of crude oil pipeline are wholly owned and 2,1612,212 kilometers of crude oil pipeline are owned through non-wholly owned subsidiaries.

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The following table sets forth our main pipelines in which we own an indirect interest as of December 31, 2016.2017.

 

Table 33 – Our Main Pipelines

 

Pipeline Kilometers  

Capacity

(mbd)

 

Product

Transported

 Origin Destination 

Indirect

Ownership

Percentage

  Kilometers  Capacity
(mbd)
  Product
Transported
 Origin Destination Indirect
Ownership
Percentage
 
Caño Limón-Coveñas  771   250  Crude Oil Caño Limón Coveñas  100.00%  771   250  Crude Oil Caño Limón Coveñas  100.00%
Oleoducto de Alto Magdalena (OAM)  391   110  Crude Oil Tenay Vasconia  87.29%  391   110  Crude Oil Tenay Vasconia  87.29%
Oleoducto de Colombia (ODC)  483   236  Crude Oil Vasconia Coveñas  73.00%  483   236  Crude Oil Vasconia Coveñas  73.00%
Oleoducto Central –Ocensa (*Segment 2)  836   616* Crude Oil Cupiagua Coveñas  72.65%  848   745  Crude Oil Cupiagua Coveñas  72.65%
Oleoducto de los Llanos (ODL)  260   340  Crude Oil East fields Monterrey Cusiana  65.00%  260   314(1) Crude Oil East fields Monterrey Cusiana  65.00%
Oleoducto Bicentenario de Colombia  230   110(1) Crude Oil Araguaney Banadia  55.97%  230   110(2) Crude Oil Araguaney Banadia  55.97%

 

 

(1)Transportation capacity for this pipeline is measured by using crude oil viscosity of 690 cStk (30° C).
(2)Represents the contractual crude oil transportation capacity for the pipeline currently in operation.

 

As of December 31, 20162017 we owned 6872 stations, 3438 located in crude oil pipelines, 30 in refined products pipelines, 2 in crude oil ports and 2 in refined product ports.

 

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As of December 31, 2016,2017, we had a nominal storage capacity associated with the transportation network of 1617.6 million barrels of crude oil and 44.4 million barrels of refined products. We do not own any tankers.

The Transportation and Logistic segment implemented a new maintenance operating model with the aim of clarifying roles as well as unifying criteria for planning and execution among the companies of the segment.

 

Pipeline Projects SAN FERNANDO – MONTERREY

 

The San Fernando – the Monterrey project’s initial objectives includeincluded ensuring the ability to transport 300,000 bpd at 300cSt of diluted crude oil from the Chichimene and Castilla fields to the Monterrey pumping station and the transportation of 45,000 bpd of diluent (naphtha) between the Apiay station and the Castilla and Chichimene fields.

 

The scope of the project includes the construction of a new 30” 171119 km crude oil pipeline, a receipt,new pumping station to include reception, storage and pumping station, anddilution facilities, the reversion/conversion of the existing pipeline of 16”10” between the Castilla II plant and the Apiay station, and the construction of a new 10” pipeline between Chichimene and San Fernando fields in order to transport diluent (naphtha) from the Apiay station to the Castilla IISan Fernando plant.

 

As a result ofDuring 2017, the evaluations we madesystems and duesubsystems were tested and started to operate according to the reduction in production forecasts, the scope of the project was modified and the transportation capacity was reduced from 390,000 bpd to 300,000 bpd from the San Fernando station to the Monterrey station.

During 2016 progress was achieved on construction of the San Fernando station, especially with regards to the assembly of the pumping system units. We completed the construction of the lines between San Fernando and Apiay, and the branch lines between San Fernando and the Castilla and Chichimene stations. By the end of the first quarter of 2017 the filling of tanks and lines and the testing of main pumping units had been completed.

OCENSA (P135)

The OCENSA P135 project’s main objective is to increasedefined operational requirements. Currently, the pipeline transportation capacity by 135,000 bpd. The project involves improving the pumping system and increasing the storage capacity. The main project activities were completed at the end of December 2016 and the shippers were notified of such completion by Ocensa. Before commencing operations, Ocensa is expecting the ruling required by the Colombian Ministry of Mines and Energy.operating above 650 cSt.

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OLEODUCTO AL PACIFICO SAS

 

Cenit is participatingGiven the uncertainties around the future results of the exploration and production activities in Colombia and the current expected return of the investment, in December 2017 the parties engaged in the Oleoducto al Pacífico SAS, led by Enbridge, which intends to transport heavy crude oil toPacifico suspended the Colombian Pacific coast. In 2015, the scope of work was focusedproject. Based on reviewing the business case for the development of the project, conducting advance prior consultations with communities along the rights of way, negotiating project governance matters and reviewing regulatory, commercial and technical issues.

Due to the environment ofour current view, this decision has had no impact on the oil industry and uncertainty about future volume of oil production in Colombia and can be reconsidered in the project continuity is under review and it was put on hold.event the transportation system may be necessary.

 

TRANSPORTATION OF HIGHER VISCOSITY CRUDES

 

Ocensa executed an ambitious plan that addressed the crude oil basket quality in Colombia, where oil production is mainly comprised of heavy crude oil. In 2016 crude was transported at viscosities greater than 405response, Ocensa offered a solution to its clients by developing the AD600 project that leveraged transportation from 300 cSt on the principal systems, particularly at Ocensa, where since the last quarter of 2016 there has been the ability to transport crudes at viscosities of up to 600 cSt. Since March 2017 the Ocensa pipeline regularly operates with this new viscosity specification with normal operational conditions that satisfy our clients’ needs.

 

Adaptations were also made to one of the single buoy moorings of the Coveñas terminal to permit the importationimport of naphtha for dilution at this terminal. Integral capacity tests are scheduled to bewere executed in March 2017 for the transport of crude with this viscosity, and transport is expected to beginbegan in the second quarter of 2017.same month.

 

The main modifications are on: the ODL pipeline (Oleoducto de los Llanos; Rubiales – Cusiana), on Ocensa Segment 1 (Cusiana – Porvenir), Segments 2 & 3 (El Porvenir – Vasconia – Coveñas) and on the Oleoducto de Colombia Pipeline (ODC – Oleoducto de Colombia). This project, combined with the expansion of capacity on Ocensa (P-135), will make it possible to transport higher viscosity crudes.

 

3.5.1.3Export and Import Facilities

3.5.1.3       Export and Import Facilities

 

We currently have concessions granted by the Nation for four export/import docks for crude oil and refined products: Coveñas, Tumaco, Pozos Colorados and Cartagena. Our export capacity reached 1.24 million bpd for crude oil. Our import capacity of refined products reached 0.18 million bpd.

 

Our crude oil loading facilities can load tankers of up to 350 thousand deadweight tonnage (DWT). Adjacent to these loading facilities we also have crude oil storage facilities that are capable of storing 9 million barrels. Our docks used for import and export of refined products can load tankers of 70 thousand DWT. Additionally, these facilities have storage capacity of up to 1.2 million barrels.

 

3.5.237Other Transportation Facilities

3.5.2       Other Transportation Facilities

 

We have entered into transportation agreements with tanker-truck and barge companies in order to transport crude oil from locations that do not have pipeline connections to refineries and export facilities. The volume of refined products that cannot be transported in pipelines or in tanker trucks because of capacity limitation is transported by barges. During 2016, 22.92017, 24.8 million barrels of crude oil and refined products were transported by tanker trucks and 7.98.98 million barrels of crude oil and refined products were transported by barges, particularly using the Rio Magdalena, connecting Barrancabermeja with Barranquilla and Cartagena.

 

3.5.3Marketing of Transportation Services

3.5.3       Marketing of Transportation Services

 

Cenit and its subsidiaries’ main line of business is the crude oil pipeline transport (73%(74% of revenues), followed by the refined products pipeline transport (17% of revenues) and ports and related services (8%(7% of revenues).

 

Transportation contracts of crude oil may take several forms: ship or pay (payment for the availability of a fixed capacity in the system), ship and pay (payment for volumes actually transported) or spot. The main users for the crude oil transportation business are Ecopetrol S.A., Metapetroleum Corp., Petrominerales, Occidental de Colombia, Mansarovar and Gran Tierra, who collectively represented 92%93% of this business segment’s revenues in 2016.2017. Transportation services for crude oil provided to Ecopetrol S.A. represented 60%54% of this business segment’s crude oil transport revenues.

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Cenit also transports refined products. Its main client for this service is Ecopetrol S.A., which accounted for 41%42% of refined products pipeline transport revenues in 2016,2017, principally due to the transport of naphtha.naphtha, diesel and gasoline. Cenit also has 1513 other fuel wholesalers’ customers for whom it transports other refined products. The most significant of these customers are Organizacion Terpel, ExxonMobil, Chevron Petroleum Company, Biocombustibles S.A.S. and Petrobras Colombia.

 

Deregulated businesses such as ports and crude loading facilities represent a smaller portion of Cenit’s revenue (8%(7% in 2016)2017). Clients for these businesses include some of the same parties for which Cenit provides crude oil and refined products transportation services.

 

3.6Refining and Petrochemicals

3.6       Refining and Petrochemicals

 

3.6.1Refining

3.6.1       Refining

 

Our main refineries are: (i)are the Barrancabermeja Refinery,refinery, which Ecopetrol S.A. directly owns and operates, and (ii) Reficar Refinery, locateda refinery in the free trade zoneFree Trade Zone in Cartagena whichthat is operated by Reficar S.A., a wholly owned subsidiary of Ecopetrol S.A., Ecopetrol S.A. also owns and operates two other minor refineries – Orito and Apiay, but these are considered part of the upstream segment since the majority of the products areproduction is for local on-site consumption.self-consumption.

 

TheseOur refineries produce a full range of refined products, including gasoline, diesel, jet fuel, liquefied petroleum gas (LPG),LPG, and heavy fuel oils, among others.

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The following table sets forth our daily average installed and actual refinery capacity for each of the last three years:

 

Table 34 – Daily Average Installed and Actual Refinery Capacity

 

 For the year ended December 31,  For the year ended December 31, 
 2016  2015  2014  2017  2016  2015 
 Capacity  

Through-

put

  % Use  Capacity  

Through-

put

  % Use  Capacity  

Through-

put

  % Use  Capacity  Through
- put
  % Use  Capacity  Through
-put
  % Use  Capacity  Through
-put
  % Use 
 (bpd) (bpd)     (bpd) (bpd)     (bpd) (bpd)     (bpd) (bpd)     (bpd) (bpd)     (bpd) (bpd)    
Barrancabermeja  250,000   213,091   85%  250,000   221,900   89%  250,000   226,900   91%  250,000   209,838   84%  250,000   213,091   85%  250,000   221,900   89%
Reficar(1)  150,000   117,188   78%  165,000(3)  10,428   6%  80,000   10,420   13%  150,000   135,700   90%  150,000   117,188   78%  165,000(3)  10,428   6%
Apiay(2)  2,500   1,382   55%  2,500   1,604   64%  2,500   1,380   55%  2,500   997   40%  2,500   1,382   55%  2,500   1,604   64%
Orito(2)  2,500   1,090   44%  2,500   929   37%  2,500   1,784   71%  2,500   948   38%  2,500   1,090   44%  2,500   929   37%
Total  405,000   332,751   82%  420,000   234,861   56%  335,000   240,484   72%  405,000   347,483   86%  405,000   332,751   82%  420,000   234,861   56%

 

 

(1)ReficarReficar’s operations were shut down in March 2014 to enablefully stabilized during the completionsecond half of the expansion and modernization project. The new crude unit began start-up process in October 2015. During 2016, Reficar was under stabilization, with full operation in July 2016. The refinery’s design capacity, tested in 2016, is 150 thousand barrels per day.2017.

(2)Apiay and Orito are considered to be part of the upstream segment, not the refining segment, and the majority of products are for local on-site consumption.

(3)The capacity indicated in 2015 was 165 thousand barrels per day which includes a design safety factor of 10%.

 

3.6.1.1Barrancabermeja Refinery

3.6.1.1       Barrancabermeja Refinery

 

The Barrancabermeja Refineryrefinery supplies 73.8%55% of the fuels consumed in Colombia according to internal calculations made by the Barrancabermeja Refineryrefinery and Colombia´s fuels consumption reported by the Ministry of Finance.

 

The following table sets forth the production of refined products of Barrancabermeja for the periods indicated.

 

Table 35 – Production of Refined Products from Barrancabermeja Refinery

 

  For the year ended December 31, 
  2016  2015  2014 
  (bpd) 
LPG, Propylene and Butane  11,956   13,623   13,834 
Gasoline Fuels and Naphtha  59,305   59,487   68,914 
Diesel  48,233   46,212   44,273 
Jet Fuel and Kerosene  20,435   22,388   23,227 
Fuel Oil  55,730   64,306   66,928 
Lube Base Oils and Waxes  668   521   1,103 
Aromatics and Solvents  2,879   3,197   2,640 
Asphalts and Aromatic Tar  14,092   9,519   7,501 
Polyethylene, Sulfur and Sulfuric Acid  1,541   1,318   1,094 
Total  214,839   220,571   229,514 
Difference between Inventory of Intermediate Products  (661)  142   (640)
Total Production  214,178   220,713   228,874 

40

  For the year ended December 31, 
  2017  2016  2015 
  (bpd) 
LPG, Propylene and Butane  10,712   11,956   13,623 
Gasoline Fuels and Naphtha  56,047   59,305   59,487 
Diesel  56,090   48,233   46,212 
Jet Fuel and Kerosene  20,421   20,435   22,388 
Fuel Oil  38,217   55,730   64,306 
Lube Base Oils and Waxes  609   668   521 
Aromatics and Solvents  2,847   2,879   3,197 
Asphalts and Aromatic Tar  26,468   14,092   9,519 
Polyethylene, Sulfur and Sulfuric Acid  1,509   1,541   1,318 
Total  212,920   214,839   220,571 
Difference between Inventory of Intermediate Products  (405)  (661)  142 
Total Production  212,515   214,178   220,713 

 

In 2016,2017, total production from the Barrancabermeja Refineryrefinery decreased 3.0%by 0.8% from 220,713 bpd in 2015 to 214,178 bpd in 2016 to 212,515 bpd in 2017 primarily due to lower throughput caused by less feedstockof light and intermediate crudes, which in turn was consequence of insurgent actions on the processing of a heavier crude slate which lowered throughput, and the scheduled maintenance of two of its crude units in March and October 2016.Caño Limon-Coveñas pipeline.

 

We own and operate four petrochemical plants and one paraffin and lube plant located within the Barrancabermeja Refinery.refinery. In 2016,2017, we produced 55,64253,417 tons of low-density polyethylene, an increasea decrease of 26%4% compared to the production of 44,16155,642 tons in 2015.2016. This increasedecrease was due primarily to a reduction in the recoveryoperational availability of the Turbo expander unit, which resumed operations in August 2015 and supplied a greater amount of feedstock (ethylene) to polyethylene plants.turboexpander unit. We produced 1,994 mboepd857 kboepd of aromatics (benzene, toluene, xylene, orthoxylene, heavy aromatics and cyclohexane), a 12%57% decrease as compared with the production of 2,259 mboepd1,994 kboepd of aromatics in 2015.2016. The declinedecrease was mainly the result of lower demand.load and availability of light crude oils (particularly from the Caño Limon pipeline) as explained above.

39

 

The gross refining margin decreased from US$16.8 per barrel in 2015 to US$14 per barrel in 2016 to US$13.5 per barrel in 2017, primarily due to price differentials of refined products as compared to crude oil, in line with international market trends.trends, and the increase in the local crude price by US$6 per barrel in 2017 as compared to 2016.

 

The average conversion ratio for Barrancabermeja Refineryrefinery was 82.7% in 2017 and 74.6% in 2016 and 73.5% in 2015.2016. This increase in the conversion ratio was primarily due to an increase in the upgradingyield of medium distillates and a gasoil hydro-treating unitdecrease in the production of fuel oil by redirecting efforts to a mild hydrocracker unit allowing higher middle distillate yields.higher-value currents.

 

3.6.1.2Reficar

3.6.1.2       Reficar

 

The following table sets forth the production of refined products from Reficar for the periods indicated.

 

Table 36 – Production of Refined Products from Reficar

 

 

For the year ended December 31,(1)

  

For the year ended December 31,(1)

 
 2016  2015  2014  2017  2016  2015 
 (bpd)  (bpd) 
LPG, Propylene and Butane  6,080   0   0   6,791   6,080   0 
Motor Fuels  35,012   1,558   1,997 
Gasoline Fuels and Naphta  43,728   35,012   1,558 
Diesel  40,950   2,282   2,254   60,467   40,950   2,282 
Jet Fuel and Kerosene  5,768   1,202   812   6,700   5,768   1,202 
Fuel Oil  24,602   2,826   3,352   10,150   24,602   2,826 
Sulfur  241   0   0   446   241   0 
Total  112,653   7,868   8,415   128,282   112,653   7,868 
Difference between Inventory of Intermediate Products  911   2,476   1,896   3,916   911   2,476 
Total Production(2)  113,564   10,344   10,311   132,198   113,564   10,344 
            
Petcoke (Metric tons)  601,163   0   0   704,073   601,163   0 

 

 

(1)The table shows the entire production of Reficar.

(2)Does not include petcoke.

 

During the second half of 2016,2017, the refinery initiatedfinalized its stabilization period.

41

 

The following tables set forth the imports and sales of refined products from Reficar for the periods indicated.

 

Table 37 – Imports and Sales of Refined Products from Reficar

 

 For the year ended December 31,  For the year ended December 31, 
 2016  2015  2014  2017  2016  2015 
 (bpd)  (bpd) 
Imports                        
Motor Fuels  3,641   15,112   11,460   212   3,641   15,112 
Diesel  6,155   21,979   18,334   -   6,155   21,979 
Jet Fuel and Kerosene  2,211   4,384   3,419   847   2,211   4,384 
Alkylate  83   -   -   -   83   - 
LPG and Butane  355   -   -   618   355   - 
Total Imports  12,445   41,475   33,213   1,677   12,445   41,475 

40

 

During 2016,2017, Reficar imported products to cover the North Coast sales demand.

 

 For the year ended December 31,  For the year ended December 31, 
 2016  2015  2014  2017  2016  2015 
 (bpd)  (bpd) 
Sales                        
Motor Fuels  38,534   16,101   14,154   44,051   38,534   16,101 
Diesel  46,060   22,692   21,942   60,289   46,060   22,692 
Jet Fuel and Kerosene  7,479   5,012   3,681   7,489   7,479   5,012 
Fuel Oil  16,593   2,066   4,335   7,528   16,593   2,066 
Other Products  22,990   2,281   2,194   27,099   22,990   2,281 
Total Sales  131,656   48,152   46,306   146,456   131,656   48,152 

 

After seven years of construction work, Reficar reachedDuring its most important historical milestone to date by entering 34 operating units into operation in July 2016. Reficar´s new and expanded processing capacity may exceed 150 thousand barrels of crude oil per day with a high value product conversion factor of 97.5%. A number of critical milestones were reached during the first semester of 2016, including finishing project construction activities and developing successful sequential start-up of the units up to July 2016. Reficar is now the most modern refinery in Latin America, introducing new technology to the Colombian refinery industry with delayed coking and hydrocracking facilities; and it now has the ability to process heavier crudes and produce gasolines and diesel fuels with ultra-low sulphur contents.

In September 2016, the operation of the new refinery was formally transferred to Ecopetrol under an Operation and Maintenance Agreement that leverages on Ecopetrol´s existing refining capabilities while keeping Reficar as independent manager and owner of the assets.

Following full start-up, the focus areas of the operation have been the stabilization of the production process and the execution of individual unit’s performance tests, (62%, or 21 of 34, have been performed to date). The reliability test of the refinery as a whole is expected to be performedperiod in the second half of 2017, Reficar reached the goal of completing individual unit performance tests (for 100% of units), and the Global Performance Test on December 5, 2017. During the Global Performance Test, Reficar maintained an average throughput of 144 thousand barrels per day for 60 days.

 

In terms of gross refining margin, the refinery advancedprogressed from an average of approximately to US$ 35.3 per barrel between January and Julyin 2016 to around US$ 99.5 per barrel between August and Decemberin 2017. Throughput also improved during 2017, increasing from an average of 117 kbpd in 2016 (stabilization and performance testing period), with expectations thatto 136 kbpd in 2017 the margin will be in line with the market trend for highly complex refineries.2017.

 

Reficar´s 2016Reficar’s 2017 financials already reflect the operation of the new units, thus total sales have increased 85%44% as compared to 2015,2016, from US$ 1,155 million in 2015 to US$ 2,142 million in 2016.2016 to US$3,085 million in 2017. A total of 42.949.5 million barrels of crude were processed in 20162017 compared to 3.842.9 million barrels processed in 2015.2016. Exports to international markets represented 54%36% of total sales (US$ 1,1581,111 million). TheDuring 2017, the refinery’s production has substituted 101.6 million barrels of gasoline and 8.8 million barrels of diesel, imports, which previously had to be imported in order to supply the domestic demand. As per information provided by the Colombian Government (specifically by the National Statistics Department –DANE-), Reficar’s entrance into operationReficar and Barrancabermeja contributed 3.8%0.9 percentage points to the National Industrial GDP and 0.4% to the National GDP during 2016.growth for 2017.

 

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Financing

 

On December 30, 2011, with the approval from the Colombian Ministry of Finance and Public Credit, Reficar executed a US$3.5 billion project finance to partially fund the expansion and modernization of the refinery in Cartagena, loans with tenors of 14 and 16 years from Commercial Banks and Export Credit Agency Facilities, respectively. The aggregate amount drawn under these finance agreements totaled US$3,496.6 million. These credit agreements included a mechanism by which Reficar can exit the facility by transferring the debt to the Ecopetrol parent level by either (i) the occurrence of a mandatory debt assumption event or (ii) a voluntary debt assumption. As part of Ecopetrol Group’s strategy to optimize its capital structure, on December 31, 2016,13, 2017, with the principal amount owed toapproval of the senior lenders under these finance agreementsand the Colombian Ministry of Finance and Public Credit, Ecopetrol S.A. voluntarily assumed Reficar’s senior debt. The principal amount repaid by Reficar during 2016 was US$2,796.3269 million and during 2017 was US$130 million. Interest payments during 20152016 and 20162017 were US$9287 million and US$8742 million, respectively. As of the date of the voluntary assumption, Reficar owed the senior lenders a principal amount of US$2,666 million (in nominal terms).

 

As part of the project finance structure, Ecopetrol S.A. entered into a Construction Support Agreement (the “Construction Support Agreement”) and a Debt Service Guarantee Agreement (the “Debt Service Guarantee Agreement”) to support certain obligations of Reficar. Pursuant to the terms of the Construction Support Agreement, Ecopetrol S.A. agrees to support up to the completion date, any additional costs, expenses or delays incurred during the construction phase of the expansion and modernization of the refinery in Cartagena. By means of the Debt Service Guarantee Agreement, Ecopetrol S.A. provides a liquidity mechanism, allowing Reficar to pay itsresult, debt service in situations in which there are liquidity shortfalls.paid by Reficar during 2017 was lower as compared to 2016 because Ecopetrol assumed the debt service payment due on December 20, 2017, as described above.

 

During 2016,2017, Reficar received capitalizations forcapital injections of US$615269 million to cover project capital expenditures, start-up costs, one-off stabilization costs of the new refinery and a portion itsthe debt service payments.payments due on June 20, 2017. The amount requested by Reficar under the Construction Support Agreement was US$42597 million. The amount requested by Reficar under the Debt Service Guarantee Agreement was US$170172 million. There was no need to request additional contributions under the Debt Service Guarantee to cover the debt service payment due on December 2016.2017. Total debt service payments during 20162017 totaled US$356172 million.

 

The current credit agreements include a mechanism to exit the project finance by transferring the debt at the level of Ecopetrol S.A., either by (i) the occurrence of a Mandatory Debt Assumption Event or (ii) a Voluntary Debt Assumption; as defined in said agreements.

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In total,order to finalize the implementation of Ecopetrol Group’s strategy to optimize its capital structure, the following capital injections were undertaken by Ecopetrol on December 13, 2017, increasing its shareholding participation in Reficar modernization project has had capital expenditure needs of US$7,867 million of a total capital expenditures approval of US$8,016 million.from 46.58% to 75.96%:

 

3.6.1.3·Polipropileno del Caribe S.A.As a result of the voluntary debt assumption, Reficar assumed an account payable in the amount of US$2,596 million (book value for Reficar’s senior debt under IFRS) in favor of Ecopetrol. As a shareholder, Ecopetrol requested that such account be repaid with Reficar shares.

·Ecopetrol requested that the existing subordinated COP-denominated loan it granted in Reficar in the amount of $1,522,760 million (book value as of December 13, 2017) be repaid with new Reficar shares.

 

3.6.1.3       Polipropileno del Caribe S.A.

During 2016,2017, Propilco production totaled 445441 thousand tons of petrochemical products, a 2.5% increase0.9% decrease compared to the 434445 thousand tons produced in 2015,2016, due to higher sales volumes explained by greater competitiveness in the local market.feedstock price volatility. The total contribution margin in 20162017 (including the contribution of polypropylene, polyethylene and masterbatches) was 9% higher32% lower than in 2015, an increase2016, a decrease from US$293 per ton in 2015 to US$318 per ton in 2016.2016 to US$215 per ton in 2017. The increasedecrease in contribution margin was primarily due to higher volatility in the execution of a new commercial strategy focused on differentiation and value-added products and services.propylene market, Propilco’s main feedstock.

 

Table 38 – Operating Capacity of Propilco

 

 For the year ended December 31,  For the year ended December 31, 
 2016  2015  2014  2017  2016  2015 
 (Metric Tons)  (Metric Tons) 
Average capacity  470,000   470,000   475,000   470,000   470,000   470,000 
Throughput  444,812   434,484   389,604   440,632   444,812   434,484 
% Use  95%  92%  82%  94%  95%  92%

 

3.6.1.4Biofuels

3.6.1.4       Biofuels

 

We have investments in two biofuels companies: (i) Bioenergy S.A.S.A.S., in which we own 98.6%99.08 % of the shares, currently advancing onwho finished the construction of an ethanol plant with theoretical capacity of 480,000 liters / day, and (ii) Ecodiesel Colombia S.A., in which we own 50% of the shares, currently in operations with a theoretical capacity of 100,000 tons per year of biodiesel.

 

3.6.2       Marketing and Supply of Refined Products

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3.6.2Marketing and Supply of Refined Products

 

We are the main producer and supplier of refined products in Colombia. We market a full range of refined and feedstock products including regular and high-octane gasoline, diesel fuel, jet fuel, natural gas and petrochemical products, among others.

 

3.7Research and Development; Intellectual Property

3.7       Research and Development; Intellectual Property

 

The Colombian Petroleum Institute, theOur innovation and technology center of Ecopetrol, was createdis the Colombian Petroleum Institute, established in June 1985 and located in Bucaramanga, Santander. In 2017, research and development expenses were US$25.7 million, compared to US$16.9 million in 2016. Technology and innovation are essential to our efforts to add value to our business segments through innovation and the development of proprietary technologies and competitive advantages.advantages and the adaptation of third-party technologies to our processes.

 

The focus of technology development is on designing high added-value products and solutions for Ecopetrol and the Colombian oil industry. The scope of the Colombian Petroleum Institute activities covers all of our value chain segments: exploration, production, refining, transportation and commercialization, as well as environmental sustainability and asset integrity and automation. integrity.

Each year Ecopetrol presents to the Colombian Institute for the Development of Science and Technology (Instituto Colombiano para el Desarrollo de la Ciencia y la Tecnología, or COLCIENCIAS) its research, technology development projects and innovation initiatives, in order to obtain certifications for its science and technology investments. COLCIENCIAS certifies science and technology investments, which are deductible from income tax upon execution; and Ecopetrol takes advantage of thatapplies the tax benefit. In 2016,2017, we obtained US$5.612.3 million in science and technology-related tax benefits certified by COLCIENCIAS.

 

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Our intellectual capital isintangible assets are preserved through a technological value-generation process and an intellectual property protection process, which include the consolidation of trade secrets, patents, copyrights, trademarks, industrial designs, and publications in specialized journals. Ecopetrol has filed 194207 patent applications in the last ten years, 12 of them in 2016.2017. Our most recent patent applications include innovative technologies such as (i) a catalystprocess to efficiently upgradeimprove the flow capacity and enhance the dilution capacity of diluents in heavy and extra-heavy oil residues in a slurry-type hydrocracking reactor;production and transport processes, (ii) a systemequipment for the early predictionevaluation of production events that are likely to trigger artificial lift system failures that may be avoidable;electrochemical impedance at high temperatures, (iii) an intelligent tool to locate restrictions in pipelines;a clay-based catalyst for hydrocracking processes, (iv) catalysts for hydrotreating naptha and (iv) two methods to obtain nanotechnology-based fluids, to prevent(v) a process and equipment for the flocculationpretreatment and saccharification of asphaltenes around the wellbore, and to break down emulsions, respectively. biomass.

In 2016,2017, Ecopetrol declared threefour industrial secrets that strengthen its competitive advantages in exploration, refining and transport of heavy crudes in Colombian basins.

In 2016, The Colombian and international authorities granted us 10five new patents.patents, including one in Brazil that protects our proprietary process to obtain bioparaffins through hydrotreatment of oils. We currently hold 7984 patents in Colombia, the United States, Mexico, Russia, Peru, Venezuela, Ecuador, Brazil, Nigeria, Indonesia, and Malaysia.

 

In 2016,2017, Ecopetrol S.A. licensed twelve (12)10 of its technologies to private companies for manufacturing, marketing commercialization, and after-sales support. To date, we have licensed 2842 technologies to Colombian and multi-national companies. TheseOne of the licensed technological products have been testedtechnologies is a system of chemical additives to reduce the consumption of diluent in heavy crude oil gathering and successfully useddehydration. Another licensed technology reduces haze in biodiesel. Some of our organization to solve problems related to refining, production and transportation of hydrocarbons, and sometechnologies have potential uses in other industries.industries, and may in the future represent an important source of income.

 

3.8Applicable Laws and Regulations

3.8       Applicable Laws and Regulations

 

3.8.1Regulation of Exploration and Production Activities

3.8.1       Regulation of Exploration and Production Activities

 

3.8.1.1Business Regulation

3.8.1.1       Business Regulation

 

Pursuant to the Colombian Constitution, the Nation is the exclusive owner of all hydrocarbon resources located in Colombia and has full authority to determine the rights to be held and royalties or compensation to be paid by investors for the exploration or production of any hydrocarbon reserves. The Ministry of Mines and Energy and the ANH are the authorities responsible for regulating all activities related to the exploration and production of hydrocarbons in Colombia.

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Decree Law 1056 of 1953 (the Petroleum Code, orCódigo de Petróleos) declares that the hydrocarbon industry and its activities of exploration, exploitation, refinement, transportation and distribution are of public interest, which means that, in the interest of the hydrocarbon industry, the Colombian government may order necessary expropriations in order to develop such industry. The hydrocarbon industry is under governmental supervision and control, regulated mainly by the Ministry of Mines and Energy and the ANH.

 

Ministry of Mines and Energy Resolution 181495 of 2009, as amended by Resolution 40048 of 2015, establishes a series of regulations regarding hydrocarbon exploration and production.

 

Ministry of Mines and Energy Resolution 180742 of 2012, partially repealed by Resolution 90341 of 2014, included a series of technical regulations for unconventional hydrocarbon resources, including the procedures for advancing the exploration and exploitation of unconventional reserves. It also establishes the types of wells and their classification as well as the fulfillment of those minimum (drilling and abandoning) conditions, necessary to initiate or perform E&P activities. Furthermore, it contemplates the applicable procedure to resolve disputes between mining sector and the oil and gas sector, regarding the coexistence of their rights in some specific projects.

 

On May 26, 2015, the Ministry of Mines and Energy issued Decree 1073 which compilescompiled the majority of Colombian decrees and regulations in force regarding the administrative sector of mines and energy.

 

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Agreement (Acuerdo,a type of regulation) 004 of 2012, as issued by the ANH, amends Agreement 008 of 2004 and sets forth the rules governing the award of exploration and production areas and the execution of contracts. As set forth below, Agreement 002 of 2017 replaces thisAcuerdo.

 

Agreement 003 of 2014, as issued by the ANH, complements Agreement 004 of 2012 by setting forth the contractual framework for the carrying out of activities in unconventional reservoirs, the procurement regulations for the exploration and exploitation of unconventional fields and the procurement process for the awarding of hydrocarbon exploration and exploitation areas.

 

Agreement 002 of 2015, as issued by the ANH, partially amends Agreement 004 of 2012 and sets forth the initial rules and measures the Government can take to mitigate the adverse effects of the decline of international oil prices. The main measures established by this agreement are the following:

 

(i)The extension of terms and deadlines for the execution of activities related to investments in exploration and evaluation phases and for the declaration of commercial discoveries;

 

(ii)The establishment of procedures to transfer investments in exploration programs between allocated areas: and

 

(iii)The levelling of the contractual terms of offshore contracts entered before 2014 to the ones included in the contracts executed as a result of the 2014 Colombian Round.

 

Agreement 003 of 2015, as issued by the ANH, modifies and also partially amends Agreement 004 of 2012, and provides certain rules and measures the Government can take to mitigate the adverse effects of the decline of international oil prices. This agreement permits performance guarantees required under E&P contracts to be reduced in the same amount as the works actually performed during the term of the respective phase.

 

Agreement 004 of 2015, as issued by the ANH, also partially amends Agreement 004 of 2012, and provides certain rules and measures for the Government to mitigate the adverse effects of the decline of international oil prices. This agreement allows contractors to attribute additional activities carried out under a TEA to commitments under the first phase of an E&P contract.

 

Agreement 002 of 2017, as issued by the ANH on May 18, 2017, replaces Agreement 004 of 2012, Agreement 003 of 2014, and Agreements 002, 003, 004 and 005 of 2015. It establishes the general structure of the New Regulation for Administration and Assignment of Areas and the general guidelines regarding future hydrocarbon contracts in Colombia. Seeking the interests of the Nation, the market conditions, the national hydrocarbon sector strategy, the competitive context of producer countries and the Nation’s social and environmental evolution.

Agreement 002 of 2017 adapted the existing regulations for the selection of contractors, and the applicable rules for the award, execution, termination, liquidation, monitoring, control and surveillance of the contracts signed with the ANH.

3.8.1.1.1.3.8.1.1.1Environmental Licensing and Prior Consultation

 

Law 99 of 1993 and other environmental regulations, such as particularly Decree 1076 of 2015 (compilation decree regarding the administrative sector of environment and sustainable development), impose on companies, including oil and gas companies, the obligation to obtain an environmental license prior to undertaking any activity that may result in the serious deterioration of renewable natural resources, or that may have the capacity of materially modifying the physical environment.

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The National Authority on Environmental Licensing (ANLA), created by means of Decree 3573 of 2011, is the entity responsible for evaluating the applications and issuing the environmental licenses for oil & gas-related activities, as well as surveilling and overseeing all hydrocarbons projects and monitoring the environmental compliance of such activities.

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If the projects or activities could have a direct impact over the territories or the interests of indigenous, Afro-Colombian or Raizal communities, the Colombian Constitution provides that the companies developing such projects or activities must undertake a public consultation process with those communities before initiating such projects or activities. This consultation process is a pre-requisite for obtaining the required environmental licenses.

 

In addition, the Colombian Constitution and laws establish that, as part of the public participation mechanisms, Colombian individuals may request information regarding the activities of the project and their potential impacts. They may also request to undertake an environmental hearing so as to obtain information of the project subject to environmental licensing.

 

On May 26, 2015, the Ministry of Environment and Sustainable Development (“MESD”) issued Decree 1076, which compiles the majority of Colombian regulations in force regarding environment and sustainable development.

 

The environmental license encompasses all of the necessary permits, authorizations, concessions and other control instruments necessary under Colombian environmental law to undertake a project or activity that may result in the serious deterioration of renewable natural resources, or that have the capacity of materially modifying the physical environment. The license shall define specific conditions under which the beneficiary of the license may undertake such project or activity. The procedure to obtain an environmental license begins when the company files an Environmental Impact Study (EIA) related to the project before the ANLA. The licensing process includes an application for the use of natural renewable resources (water, soil and air), the filing of an EIA and a plan to prevent, mitigate, correct and compensate for any activity that may harm the environment, known as the Environmental Management Plan (PMA).

 

A newThe environmental licensing procedure came into force in Colombia on January 1, 2015 as a result of the enactment of Decree 2041 of 2014, which now is compiled byset forth in Decree 1076 of May 26, 2015, repealing the licensing process defined in decree 2820 of 2010.2015. According to the regulation currently in effect, the procedure to obtain an environmental license shall not take more than 90 business days but,days. But, depending on the complexity of the information requested by the ANLA and administrative delays, including an oral hearing to determine the viability of the project, the procedure may take between 165 and 265 business days, depending on whether the applicant is required to file additional information. The new procedure incorporates an oral hearing between the ANLA and the applicant in order to evaluate the information provided in the license application and whether it is necessary or not to request additional information about the proposed project. The ANLA will have no other opportunities to request additional information after this hearing.

 

The Ministry of Environment and Sustainable DevelopmentMESD is also responsible for establishing guidelines regarding climate change policies for the hydrocarbon sector in Colombia. We are in compliancecomply with those guidelines. At present, the Ministry of Environment and Sustainable DevelopmentMESD has not proposed any specific steps for the implementation of the Kyoto Protocol or the Paris Agreement, as they relate to our operations. We are continuously monitoring climate change requirements that could be applicable to us. A company that does not comply with the applicable environmental laws and regulations, does not execute the Environmental Management Plan (PMA) approved by the environmental authority or ignores the requirements imposed by an environmental license may be subject to an administrative proceeding initiated by the ANLA or the regional environmental authorities established by Law 1333 of 2009. The proceeding may result in oral or written warnings, monetary penalties, fines, license revocation or the temporary or permanent suspension of the activity being undertaken. Apart from administrative sanctions, the Colombian judiciary or other law enforcement authorities may also impose civil and even criminal sanctions if environmental damages are verified as a consequence of having breached the environmental laws and regulations applicable to the project.

 

3.8.1.1.2.3.8.1.1.2Royalties

 

In Colombia, the Nation is the owner of minerals and non-renewable resources located in the subsoil, including hydrocarbons. Thus, companies engaged in exploration and production of hydrocarbons, such as Ecopetrol, must pay to the National Hydrocarbons Agency (ANH), as representative of the National Government of Colombia, a royalty on the production volume of each production field, as determined by the ANH.

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Royalties may be paid in kind or in cash. Each production contract has its applicable royalty arrangement in accordance with applicable law. In 1999, a modification to the royalty regime established a sliding scale for royalty payments for crude oil and natural gas production fields discovered after July 29, 1999 and depending on the quality of the crude oil produced. Since 2002, as a result of the enactment of Law 756 of 2002, the royalty rate was fixed as a sliding scale depending on the produced volume from 8% for fields producing up to five thousand bpd5 kbpd to 25% for fields producing in excess of 600 thousand bpd. Changeskbpd. Notwithstanding the royalties for Incremental Production Contracts, Contracts for Undeveloped and Inactive Fields, and Incremental Production Projects defined in paragraph 3 article 16 Law 756 of 2002, and article 29 of the law 1753 of 2015, the changes in the royalty regime only apply to new discoveries and do not apply to fields already in the production stage as of July 29, 1999. Producing fields pay royalties in accordance with the royalty law in force at the time of the discovery.

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Regarding natural gas, in accordance with Resolution 877 of 2013, as amended by Resolution 640 of 2014, starting on January 1, 2014, the ANH has received royalties in cash rather than in kind. Thus, the producer may dispose of its gas production volumes corresponding to royalties paid in cash.

 

3.8.2Regulation of Transportation Activities

3.8.2       Regulation of Transportation Activities

 

Hydrocarbon transportation activity is considered a public interest activity in Colombia and a public service. As such, it is under governmental supervision and control, regulated mainly by the Ministry of Mines and Energy and CREG.

 

Transportation and distribution of crude oil, liquefied petroleum gas and refined products must comply with the Petroleum Code, the Code of Commerce and all governmental decrees and resolutions. However, liquefied petroleum gas related-activities are regulated by CREG. According to Law 681 of 2001, multipurpose pipelines owned by Ecopetrol (through Cenit)Cenit (a company wholly owned by Ecopetrol) must be open to third-party use on the basis of equal access to all.

 

Notwithstanding the general rules for hydrocarbon transportation in Colombia, Law 142 of 1994 defines the regulatory framework for the provision of public utility services, including the provision of natural gas. Moreover, natural gas transportation is subject to regulations specific to the natural gas industry as issued by CREG, due to the categorization of natural gas distribution as a public interest activity under Colombian laws.

 

Transportation systems, classified as crude oil pipelines and refined product pipelines, may be owned by private parties. Pipeline construction, operation and maintenance must comply with environmental, social, technical and economic requirements under national guidelines and international standards for the oil and gas industry.

 

Construction of transportation systems requires licenses and local permits awarded by the Ministry of Mines and Energy, the Ministry of Environment and Sustainable Development and regional environmental authorities, respectively.

 

Crude oil transport

 

The regulatory framework relating to crude oil transportation accounts for both private use and public use pipelines. Private use pipelines are those built by the operating or refining entity for its own exclusive right and that of its affiliates. Public access pipelines are defined as pipelines built and operated by a public or private legal entity, for the purpose of publicly providing crude oil transportation services. The Colombian government, through the ANH, has a preferential right to use up to 20% of the total capacity of any public or private access pipeline to transport its share of production. However, for both private and public access pipelines, the ANH must pay the tariff for the pipeline use to transport its percentage of production.

 

The Ministry of Mines and Energy is responsible for reviewing and approving the design of and tracks for crude oil pipelines, by establishing transport rates based on information provided by the service providers. It also oversees the calculation and payment of hydrocarbon transport-related taxes and manages the information system for the oil product distribution chain.

 

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In 2014, the Ministry updated the transport regulation and the rate calculation method for this line of business. It introduced a framework for the secondary market and incentives for new pipeline construction and current pipeline capacity expansions. According to the Petroleum Code, rates are tomust be revised every four years.

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During the scheduled revision of 2015 and due to the dramatic changes in international crude oil prices, the Ministry of Mines and Energy allowed, by means of Resolution 31 32531325 of 2015, transportation companies and oil production companies to engage in direct negotiations in order to agree on a tariff suitable for both parties. The negotiation period was extended until June 2016. Notwithstanding the fact that tariff agreements were reached with certain companies, the results of the negotiations were not positive. Thus, tariffs were set by the Ministry of Mines and Energy in accordance with the criteria previously established by Resolution 72146 of 2014, latterlyas further amended by Resolution 31325 of 2015.2015 and Resolution 31285 of 2016.

 

The Port Superintendence is the authority that oversees the port business for crude oil and refined products. Although this business is not highly regulated, market participants are required to report certain information to the Port Superintendence.

 

As a result of the enactment of Decree 119 of 2015, operators of private use hydrocarbon ports are currently able to provide hydrocarbon transport services to third parties pursuant to a mechanism established under that decree.

 

Decree 119 of 2015 was incorporated into Decree 1079 of 2015 issued by the Ministry of Transport, which compiles the majority of Colombian decrees and regulations in force regarding the administrative sector of transportation.

Refined products and liquefied petroleum gas transport

 

In 2014 CREG assumed responsibility for regulating product pipeline transportation from the Ministry of Mines and Energy, in addition to its pre-existing regulatory responsibility for liquefied petroleum gas, natural gas and electric energy transportation.

 

In August 2017 CREG issued a draft resolution 113 of 2017, which introduced a new framework for the transportation regulation of liquefied petroleum gas and refined products. The draft resolution is currently open for observations from the general public and the oil and gas industry. CREG is also in the process of defining and introducing the transportation regulation and the rate calculation method for refined products. On September 25, 2015, CREG published a draft resolution that established the proposed regulations for transport of liquid fuels and liquefied petroleum gas. The primary goals and components of the proposed regulation are: a) to ensure access to the transport systems for liquid fuels and the LPG pipeline systems without discrimination; b) to promote the timely expansion of the transport system in line with the needs of the market; c) to promote competition and prevent restrictive practices; d) to separate the operations of refining and transport; and e) to ensure the efficient and continuous operation of transport systems. Currently, CREG continues with the task of drafting this regulation.

 

3.8.3Regulation of Refining and Petrochemical Activities

3.8.3       Regulation of Refining and Petrochemical Activities

 

Article 58 of the Petroleum Code establishes that oil refining activities can be developed throughout the Colombian territory and are not reserved to the State. However, Article 4 establishes that such activities are considered of public interest subject to governmental regulation, and the development of those activities must comply with technical requirements established by regulation.

 

In 2008, Law 1205, further developed by Resolution 180689 of 2010, issued by the Ministry of Mines and Energy, was issued with the main purpose of contributing to a cleaner environment. It established the minimum quality specifications for fuels in Colombia. Since August 2010, Ecopetrol has been selling dieselproducing and gasoline at its refinery in Barrancabermeja in order to produceselling diesel and gasoline that complies with the requirements of the aforementioned law.law and, for some cities, we sell with better standards.

 

Since 1995, under Resolution number 898 of August 23, 1995 the Ministries of Environment and Sustainable Development and of Mines and Energy, have regulated the environmental criteria for liquid and solid fuels used in commercial and industrial furnaces and boilers as well as automobile internal combustion engines. Resolution 898 has been subject to numerous modifications through the years, the most recent by Resolution 40619 of June 30, 2017. Ecopetrol has been complying with this regulation and working with governmental entities in order to improve air quality in the most critical areas in Colombia.

3.8.3.147Regulation of Liquefied Petroleum Gas (LPG) and Liquid Fuels

3.8.3.1       Regulation of Liquefied Petroleum Gas (LPG) and Liquid Fuels

 

Wholesale marketing, transport, distribution and retail marketing of LPG are mainly regulated by CREG Resolution 74 of 1996, and subsequent resolutions. LPG in Colombia is primarily obtained through Ecopetrol’s refineries, field production and imports. The LPG must meet minimum quality standards to be marketed. Our marketing activities are regulated by CREG Resolution 53 of 2011 (as amended by CREG Resolutions 108 of 2011, 154 of 2014, 019 of 2015, and 034, 063 and 064 of 2016). The LPG price is regulated by CREG Resolutions 66 of 2007 (as amended by CREG Resolutions 59 of 2008, 002 of 2009, 123 of 2010, 095 of 2011, 65 and 129 of 2016).

 

According to Article 4 and 212 of the Petroleum Code and Law 39 of 1987 (added by Law 26 of 1989), the distribution of liquid fuelscrude oil and theirits derivatives has a public purpose (utilidad pública), and the distribution of fuel oil and crude oil by-products is considered a public utility.utility activity. Consequently, individuals or entities engaged in these activities are subject to regulations issued by the Colombian government. The Government has the power to determine quality standards, measurement and control of liquid fuels, and establish penalties that may apply to dealers who do not operate in compliance therewith.

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The Ministry of Mines and Energy is the entity that controls and exercises technical supervision over the distribution of liquid fuels derived from petroleum, including the refining, import, storage, transportation and distribution in the country. Law 812 of 2003 identified the agents of the supply chain of petroleum-based liquid fuels. In this context, The Ministry of Mines and Energy through Resolution 40344 of 2017, published the required actions to ensure the LPG supply for the priority sectors in the country.

 

The distribution of liquid fuels, except LPG, is governed by Decree 1073 of 2015, which establishes the requirements, obligations and penalties applicable to supply agents in the distribution, refining, import, storage, wholesale, transportation, retail sale and consumption of liquid fuels.

 

Decree 1073 of 2015 establishes the minimum technical requirements for the construction of storage plants and service stations. This Decree also regulates the distribution of liquid fuels, except LPG establishing the minimum requirements for distributors and the activities and types of agreements permitted for these agents. The Ministry of Mines and Energy also regulates the types of liquid fuels that can be sold and purchased and the penalties for noncompliance with governmental regulations.

 

Pursuant to Law 1430 of 2010, the distribution of fuels in areas near Colombian borders is the responsibility of the Ministry of Mines and Energy and is subject to specific regulations that impose strong control procedures and requirements. The Ministry of Mines and Energy establishes the safety standards for LPG, storage equipment, maintenance and distribution of LPG. Resolution 31514 of 1992 established that any LPG household, commercial and industrial facility with a storage capacity of LPG greater than 420 pounds must receive an authorization from the Ministry of Mines and Energy prior to commencing operations.

 

The Superintendence of Public Domestic Public Service SuperintendenceUtilities also oversees the liquefied petroleum gas transportation business. Cenit reports key operational and financial indicators to itthe Superintendence of Public Domestic Utilities on a monthly basis.

 

3.8.3.2Regulation Concerning Production and Prices

3.8.3.2       Regulation Concerning Production and Prices

 

According to the Decree - Law 4130 of 2011 and Decree 1260 of 2013, CREG is in charge of setting the prices of petroleum by-products throughout the entire chain of production and distribution except for current gasoline engine, diesel and biofuels. On the other hand, by Decree 381 of 2012, as amended by Decree 1617 of 2013, the Ministry of Mines and Energy is in charge of setting the methodology to determine the reference price of gasoline, diesel (ACPM), biofuels and mixtures thereof.

 

Then, since May 2012, CREG fixes the prices for most crude oil by-products, but for gasoline, diesel, ACPM and biofuels. CREG determines the methodology to calculate their price while the Ministry of Mines and Energy fixes the relevant prices in accordance with said methodology. The ANH does not intervene in the definition of prices of gasoline and diesel fuel. In addition, under Resolution 007 of 2017, CREG determined the basis for the methodology of compensation of terrestrial transportation of liquid fuel-oil, including current gasoline, diesel and biofuels between the storage plant and the fuel service station.

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The methodology for calculating jet fuel prices is set out in Law 1450 of 2011, and jet fuel prices themselves are set by the Ministry of Mines and Energy.

 

The ANH determines the formula that is used to calculate royalty payments corresponding to the production of crude oil and the crude oil price reference for local refining.

 

Decree 381 of 2012 and 1617 of 2013, as amended by Decree 2881 of 2013, as compiled in Decree 1073 of 2015, restructured the Ministry of Mines and Energy and gave it the responsibility to study industry problems and implement short- and long-term refining planning policies. The Ministry is also responsible for establishing the governmental policies and goals to ensure the reliability, stability and continuity for the production of liquid fuels, biofuels and others.

 

Pursuant to Article 58 of the Petroleum Code, any refining company operating in Colombia must provide a portion or, if needed, the total of its production to supply local demand prior to exporting any production. If local demand increases, and imported crudes are needed, the refining company may charge the State additional transportation costs in proportion to the imported crudes delivered to the refinery.

 

Fuel Price Stabilization Fund (FEPC)

The Fuel Price Stabilization Fund (FEPC) was created by means of Law 1151 of 2007 with2007. It is a fund assigned and administered by the aimMinistry of Finance and Public Credit. Its function is to mitigate,attenuate, in the domestic market, the impact of fluctuations in fuel prices (gasoline and motor fuel oil) in international markets.  As per

According to article 2.3.4.1.3 of Decree 1068 of 2015, the fundingresources for the functioning of the FEPC come from the following sources: (a) financial returns of resources of the Fund; (b) extraordinary credit resources received from the National Treasury, and (c) funds allocated to the FEPC in the national general budget.

The operation of the FEPC comesis governed by Decree 1068 of 2015 on Chapter 1, and Title 6 (compilation decree regarding treasury public sector). First, refiners and/or importers of regular gasoline and diesel must report to the Ministry of Mines and Energy, the volume of regular gasoline and diesel sold in the previous month, such report to be made within the first 25 days of each month. The report must also contain information corresponding to each fuel disaggregated daily; the discrimination of the volumes sold, and the origin national or imported of the gasoline and diesel sold. If the regular gasoline or the diesel is of national origin, the refiner/importer must inform the refinery from which they come. Secondly, the following sources: (i) financial returnsMinistry of Mines and Energy calculates and liquidates by resolution, the Net Position of each refiner/importer and each fuel to be stabilized by the FEPC.

Decree 1068 of 2015 provides that the FEPC will pay in Colombian pesos the value corresponding to the calculation and settlement of the Net Position of each refiner and/or importer within the term defined by the Ministry of Mines and Energy and based on availability of FEPC resources.

Law 1819 of 2016 created a tax, related contribution to finance the FEPC. This contribution is caused when the sum of the Differentials of Participation (difference between the Producer Income and the International Parity Price, when the first is greater than the second on the fundsdate of issuance of the FEPC; (ii) extraordinary contributions fromsales invoice, multiplied by the National Treasury;volume of fuel sold) is greater than the sum of the Differentials of Compensation (the difference presented between the Producer Income and (iii) resources from the General BudgetInternational Parity Price, when the second is greater than the first on the date of Colombia.issuance of the sales invoice, multiplied by the volume of fuel sold).

The event that generates the contribution is the sale in Colombia of gasoline or ACPM (diesel) by the refiners and/or importers to the wholesale distributor of fuels, according to the price set by the Ministry of Mines and Energy, however, if the importer is at the same time a wholesale distributor, the triggering event shall be the withdraw of the product to be sold. The taxpayer responsible for the contribution is the refiner and/or importer and the active subject is the Nation. The tax base corresponds to the positive difference between the sum of the Differentials of Participation and the sum of the Differentials of Compensation.

 

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The FEPC is currently regulated by Decree 1068 of 2015, which compiles Decree 1880 of 2014, and sets forth the calculation method of the Differential as the product of the volume reported by the refiner and/or importer to the Ministry of Mines and Energy timescalculates the difference between the international parity price and the reference price.  It also provides that refiners and/or importers shall submit monthly reports to the Ministry of Mines and Energy on the volume, origin and type of fuel (gasoline and motor fuel oil) sold in the domestic market for said period. 

Based on those reports, the Ministry of Mines and Energy shall calculate and liquidate the Net Position every six months by issuing a resolution provided, however, that such Net Position results from the sum of the differentials for the relevant six-month period.  Decree 1068 of 2015 also provides that the FEPC shall pay in Colombian Pesos the value corresponding to the six-month Net Position of each refiner and/or importer within the term that the Ministry of Mines and Energy establishes and based on availability of resources of the FEPC. For more information regarding the FEPC and Ecopetrol, see the section 5.1.2.

By Resolution 31356 of 2016, the Ministry of Mines and Energy liquidated the net positions for Ecopetrol corresponding to December 23 to 31, 2014 and the first and second quarters of 2015, establishing that Ecopetrol must pay to FEPC COP$114,172,749,145.09 as a contribution differential; Ecopetrol appealed but the Ministry of Mines and Energy confirmed its decision by Resolution 31121 of 2017.

By Resolution 31127 of 2017, the Ministry of Mines and Energy liquidated the net position for the third quarter of 2015 and October 1 to November 25, 2015, establishing that FEPC must pay to Ecopetrol COP$318,638,400,647.33.

By Resolution 31128 the Ministry of Mines and Energy liquidated the net position for Ecopetrol corresponding to November 26 to December 31, 2015 and the first half of 2016 establishing that FEPC must pay to Ecopetrol COP$338,252,758,969.68.

As of the date of this annual report, the Ministry of Mines and Energy has not calculated or liquidated the Net Position for each fuel (gasoline and motor fuel oil) to be paid by the FEPC to Ecopetrol for its sales during the second half of 2016.

Recently, Law 1819 of December 29, 2016, created a contribution to finance the FEPC which will come from the sales in Colombia of gasoline or ACPM by the refiner or importer to the wholesale distributor, on the basis of the differential between the international parity price and the reference price.

The Ministry of Mines and Energy will exercise the functions of control, management, settlement, determination, discussion and collection of the contribution. In particular, it will calculate the contribution to the FEPC through the liquidation of the quarterly Net Position of each refiner or importer with respect to the FEPC based on the reporting of informationreport that the refiners and/or importers present.submit. If the sum of the Differentials of Participation is greater than the sum of the Differentials of Compensation and the contribution is caused, the Ministry of Mines and Energy will order the refiner or the importer to pay the contribution to the National Treasury within the 30 days following the execution of the liquidation resolution.

 

3.8.3.3Regulation of Biofuel and Related Activities

Subsequently, Law 1837 of 2017 (article 16) provided that the remaining resources that were in the Ecopetrol’s accounts as of December 2014, as a result of the collection of the Differential Contribution from the FEPC, would be transferred to the General Direction of Public Credit and Treasury of the Ministry of Finance and Public Credit (DGCPTN).

Based on the aforementioned law and Decree 1068 of 2015, the Ministry of Mines and Energy settled, through Resolution 31762 of 2017, the value of the remaining resources resulting from the collection of the Differential Contribution of Participation, corresponding to the third quarter of 2013 and the second half of 2014 (from July 1 to December 22, 2014), valued at COP $6,849,420,921 and COP $202,004,538,015 respectively. In this Resolution, it ordered Ecopetrol to transfer the sum of COP $208,853,958,936 to DGCPTN, which has already been transferred by Ecopetrol.

In 2017 the Ministry of Mines and Energy issued Resolution 31885 that contains the liquidated net positions corresponding to the period between July 1 and December 28, 2016, and as a result, the FEPC must pay Ecopetrol COP $558,564,915,500.00, which it already paid to Ecopetrol.

As of the date of this report, the Ministry of Mines and Energy has not calculated the Net Positions corresponding to the year 2017.

3.8.3.3       Regulation of Biofuel and Related Activities

 

The sale and distribution of biofuels is regulated by the Ministry of Mines and Energy. Regulations establish the quality and pricing standards for biofuels and impose minimum requirements for mixing ethanol with gasoline and biodiesel with diesel.

 

The sale and distribution of biofuels is provided under CREG Resolution 240 of 2016, which particularly regulates: a) sorts of market that will be served with biogas and biomethane; b) quality and safety conditions; and c) tariff regime (article 2).regime. Pursuant to article 4 of the before mentionedforegoing Resolution, biogas supply through isolated networks to serve non-regulated users and natural gas vehicles (“GNV” as per its Spanish acronym), shall be incorporated as a public utility company. Furthermore, article 5 provides that biomethane supply through isolated networks or interconnected networks to the National Transportation System shall also be incorporated as a public utility company. Finally, article 12 states that biogas suppliers may develop the production, transportation, distribution and commercialization activities through integrated structures, provided that they keep separate accounts for each activity and grant free access to the networks to both regulated and non-regulated users. InTo the same way,extent, production, distribution and commercialization of biomethane through interconnected networks to the National Transportation System may be developed through integrated structures as long as the supplier keeps separate accounts for each activity and grants free access to the networks to both regulated and non-regulated users.

 

3.8.4       Regulation of the Natural Gas Market

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3.8.4Regulation of the Natural Gas Market

 

Decree 1073 of 2015, issued by the Ministry of Mines and Energy,Part 2, Title 2, Chapter 2, established that all producers have to issue a production statement that includes the volumes of natural gas available for sale for a period of ten years.  This decree established the regime for the selling and marketing of natural gas in Colombia, including specific procedures that regulate the Colombian market in order to manage the remaining natural gas reserves owned by the Nation, and to protect domestic consumers, especially residential consumers, by prioritizing delivery of gas to residential consumers, regulating the export of natural gas and setting forth the export restrictions applicable during an internal shortage of natural gas.

 

Currently in Colombia, other than with respect to the Opón field, the price of natural gas is determined by the market.

 

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CREG issued Resolutions 088Resolution 114 of 2017 which adjusted commercial aspects of the wholesale natural gas market in Colombia and compiled CREG Resolution 089 of 2013 and 089 of 2013 (amended by CREG Resolutions 204 of 2013, 089 and 122 of 2014, 022, 032, 088, 105, 139, 143, and 218 of 2015, 137 and 070 of 2016 and 001 of 2017) that established the procedures for marketing natural gas in Colombia.its modifications. However, pursuant to Decree 1073 of 2015, such procedures do not apply to the following activities: a) natural gas exports; b) natural gas as raw material in petrochemical production; c) natural gas commercialization from minor fields (production capacity under 30 million cfpd)SCFD); d) natural gas commercialization from hydrocarbon fields under testing phase or which have not yet been declared commercially viable; e) natural gas commercialization from unconventional reservoirs; and f) internal consumption from natural gas producers.

 

CREG determines which agents can participate in the primary and secondary markets.  Ecopetrol is authorized to participate as a seller in the primary market as a natural gas producer and as a buyer in the secondary market when Ecopetrol requires natural gas from other producers for its own needs.  CREG regulations provide that a natural gas producer cannot participate as a merchant of natural gas in the secondary market except that it may purchase gas to meet its existing contractual obligations.  Ecopetrol is also able to re-sell available natural gas transportation capacity into the secondary market.

 

Priority for the Supply of Natural Gas

 

The export of natural gas, in contrast, is not considered a public utility activity under Colombian law and therefore is not subject to Law 142 of 1994.  Nevertheless, the internal supply of natural gas is a priority for the Colombian government and is considered to be a public utility complementary activity, and therefore public utility regulations apply to the internal supply of natural gas.

 

Decree 1073 of 2015 (amended by Decree 2345 of 2015) provides that in the event the supply of natural gas is reduced or halted as a result of a shortage, the Colombian government has the right to suspend the supply of natural gas for exportation.export. If such export contracts are suspended by the Colombian government, the export agents are entitled to receive compensation in accordance to article 2.2.2.2.15 and 2.2.2.2.38 of Decree 1073, 2015.  Notwithstanding the foregoing, Decree 1073 of 2015 establishes freedom to export natural gas under normal gas-reserve conditions.  Producers of natural gas may enter into natural gas export contracts if the ratio of proved reserves to consumption exceeds seven years, as determined by the Colombian Energy Planning Authority (or UPME for its Colombian acronym).

 

Decree 1073 of 2015 (amended by Decree 2345 of 2015) establishes an order of supply when restrictions are placed on the supply of natural gas or serious emergency situations arise that preclude the continued provision of certain services, as follows: (i) essential demand, as established in Decree 1073 of 2015, (ii) non-essential demand under an existing agreement with a warranty of uninterrupted provision, and (iii) fair exports delivery.

 

The order of priority for the supply of natural gas is as follows: (i) the operation of the compressor stations of the National Transportation System, (ii) residential users and small business users engaged in the distribution network, (iii) vehicular compressed natural gas and (iv) gas refineries, excluding those destined for self-generation of electricity that can be replaced with energy from National Transportation System, which has first priority.  The Ministry of Mines and Energy also establishes distribution priorities in the event of a natural gas shortfall derived from supply or infrastructure issues.  This order of priority is based on the type of contract, with firm supply contracts having priority over interruptible supply contracts.

 

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Decree 1073 of 2015 and CREG Resolutions 089Resolution 114 of 2013 and 204 of 20132017: i) provide specific procedures and forms of supply agreements determined by CREG pursuant to which an agent may sell and buy natural gas in the Colombian primary and secondary market produced from large fields (capacity of more than 30 million cfpd).  Decree 1073 of 2015 and CREG Resolution 089 of 2013 permitsCFPD) and; ii) permit the sale of natural gas from small fields (capacity under 30 million cfpd)CFPD) pursuant to contracts that fulfill certain regulatory requirements but whose form is not prescribed by law.

 

3.951Sustainability Initiatives

 

3.9.1HSE

3.9       Sustainability Initiatives

3.9.1       HSE

 

This section describes the health, safety and environmental (HSE) practices of Ecopetrol S.A. Currently, subsidiaries of Ecopetrol S.A. establish their own HSE models, provided that these models must be consistent with guidelines established by Ecopetrol S.A.

 

3.9.1.1Ecopetrol S.A.

3.9.1.1       Ecopetrol S.A.

 

One of the principles that guideguides Ecopetrol is our commitment to our employees and the development of those communities in which we operate. For that reason, Ecopetrol S.A. is devoted to improving our health, safety and environmental (HSE) practices.

 

We have several programs in place aimed at increasing the safety of our industrial processes and minimizing the number of occupational accidents and other major incidents. Our HSE management model is based on key focus areas that are aligned with our integrated management system.

 

 

 

The results of the HSE strategies in 2016,2017, compared with the prior year, were:

 

·(i)A 25%20% decrease in road accidents, due to improvements in real-time monitoring of drivers’ safety habits, an increase in control check points for tracking tankers and awareness campaigns for drivers.

 

·Improved performance during maintenance activities, in order to ensure proper safety practices.

·16,287 training sessions related to 885 critical procedures for our workers.

·(ii)A 25%40% decrease in the number of incidents involving employee or contractor injuries that require medical treatment, restricted work or time off.disability.

 

·(iii)A reduction in the severity of occupational incidents.

 

·(iv)A reduction in oil spills.

 

·(v)Improvement in reporting of minor oil spills and identification of their causes.

 

Contingency Plans and Environmental Remediation

 

All of our operational areas have preparedness and emergency response plans, each in accordance with Colombian legal requirements and our new internal guidelines for emergency management.

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Our preparedness and emergency response plans have been developed based on our analysis of risk scenarios, the estimated consequences of these events and the implementation of strategies to be followed in response to each scenario. These contingency plans have the approval of the ANLA.

 

The objectives of our contingency plans are to:

 

·(i)Protect the health and safety of our workers, contractors and the communities in which we operate.

 

·(ii)Prevent oil spills and leaks of harmful substances in offshore and onshore areas, fires and explosions and mitigating environmental impacts.

 

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Our contingency plan includes:includes, among others:

 

·(i)Procedures for the containment of oil and other harmful substances, as well as procedures to safeguard the safety of affected communities, the environment and the personnel involved in such containment actions.

 

·(ii)Strategies for responding to emergencies located outside of our facilities and mutual aid emergency plans, including actions developed with local environmental authorities, stakeholders, the local community and other organizations for containment and recovery of spilled product, and cleaning and recovery of affected areas, monitoring of the environmental effects and, if the spill or leak has an operational source, compensation for local communities and other affected persons.

 

Further, we are upgrading the skills of our fire brigade, ensuring the reliability of firefighting and emergency equipment and working on improving our performance during drills.

 

In offshore operations, our operator has the responsibility of designing and implementing plans and strategies aligned with international best practices that cover various emergency response scenarios.

 

Total Recordable Incident Rate – Employees and Contractors

 

Ecopetrol S.A. places an important emphasis on understanding, monitoring and controlling our impacts on workers and contractors.

 

Ecopetrol S.A. monitors a standard measure of occupational safety known as the Total Recordable Incidents Frequency Index (TRIF), which represents the number of employee or contractor injuries that require medical treatment or time off for every million hours worked.

 

TRIF has improved from 4.282.96 incidents per million hours worked in 20102012 to 1.090.64 in 2016.2017. In 2016, 28% of occupational accidents affecting our employees and contractors resulted in a2017, 60 recordable cases occurred, where 37% led to restricted work, 18% required medical treatment, restricted work or time away from work that lasted for three days or less.and 45% led to disability. Additionally, we had a 38%40% reduction in occupational incidents compared to 20152016 as a result of the sustained implementation of the HSE management system.

 

Graph 7 – Total Recordable Incident Rate – Employees and
Contractors (*) (**)

 

 

 

 

*Number of employee or contractor injuries requiring medical treatment or time off for every million hours workedworked.

**Includes data for Ecopetrol S.A. and the Vice-Presidency of Transport and Logistics, but does not include data for subsidiaries of Ecopetrol S.A.

 

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Frequency of process safety incidents

 

Our “Process Safety Management” (PSM) strategy is to: first, define high-risk processes; second, prioritize intervention in high-risk processes; and third, apply all PSM elements in the prioritized high-risk processes.

 

Loss of primary containment is the number of unplanned or uncontrolled releases of oil, gas or other hazardous materials.

 

We report Tier 1 process safety events per million hours worked, which are the losses of primary containment of greatest consequence causing harm to a member of the workforce, costly damage to equipment or exceeding defined quantities according to API-754.  We reduced our Tier 1 process safety indicator by 33%17% compared to 2015 (2016: 0.062016 (2017: 0.05 and 2015: 0.09)2016: 0.06).  The reporting thresholds for API-754 Tier 1 is an unplanned or uncontrolled release of any material, including non-toxic and non-flammable materials, from a process that results in one or more health, safety or environmental consequences set forth under those guidelines. In 2016,2017, there were 0.060.05 Tier 1 process safety incidents per million hours worked.

 

Frequency of Tier 1 process safety incidents per hours worked (per million hours worked):

 

Graph 8 – Tier 1 Process Safety Incidents (*) (**)

 

 

 

*Tier 1 process safety incidents per million hours worked (API-754).

**Includes data for Ecopetrol S.A. and the Vice-Presidency of Transport and Logistics classified according to the criteria in API-754 Tier 1, but does not include figures for Ecopetrol S.A.’s subsidiaries.

 

Environmental Incidents

 

In 2016,2017, Ecopetrol S.A. recorded 814 environmental incidents compared with 8 in 2016 and 11 in 2015 and 29 in 2014.2015. The volume of oil spills was 50.7 barrels in 2017, a decrease from 202 barrels in 2016 a decrease fromand 207 barrels in 2015 and 885 barrels in 2014.2015. The decreaseincrease in the numbers of environmental incidents and decrease in oil spills was the result of improvement in the identification of critical equipment operating in high or very high risk conditions, and the implementation of asset integrity plans designed to mitigate those risk conditions.

 

3.9.1.254Cenit

Lisama 158/La Fortuna Incident

On March 2, 2018, a seepage of water and traces of crude oil occurred near the Lisama 158 well, located in the village of La Fortuna, in the Middle Magdalena Valley of Colombia.  Ecopetrol activated its contingency plan to contain the spill. It is estimated that between March 12 and 15, 550 barrels of crude, mixed with mud and rainwater, seeped into the streams of La Lizama and Caño Muerto.  As of March 30, 2018, the Lisama 158 well was sealed and stopped flowing.  Ecopetrol has ordered an investigation to determine the cause of the incident.   As of the date of this annual report, the National Environmental Licenses Agency (ANLA) has opened an investigation into the incident and the Prosecutor’s Office and other control entities may also open investigations. As of the date of this annual report, Ecopetrol has received third party claims in the form of seven constitutional actions for the protection of fundamental rights. Ecopetrol is not aware of any other third party claims in connection with this incident, and it cannot offer any assurance as to whether or not there will be third party actions in the future.

3.9.1.2       Cenit

 

While Cenit had previously followed Ecopetrol’s HSE guidelines, in 2015, Cenit established its own HSE practice and set and defined its own HSE Key Performance Indicators (KPIs) and targets in respect of its non-operative facilities and offices. This resulted in significant cost reductions with no change in risk levels in 2015, 2016 and 2016.2017. Local and field operations, however, are still conducted under Ecopetrol’s HSE model and guidelines.

 

Cenit intends to implementestablished its own HSE Management System based on Decree 1072 of 2015 in 2017 and this will be implemented during the first half of 2017.2018. Cenit is also leading the definition of HSE KPIs with all of the midstream subsidiaries to be able to measure the transportation business as a whole and share the lessons learned and best practices within the industry. Cenit consolidated the 2017 KPIs and agreed upon the goals for 2018 for the transportation business to obtain the results for each subsidiary and for the entire group.

 

3.9.1.3       Refinería de Cartagena

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3.9.1.3Refinería de Cartagena

 

In 2016,2017, around 10.4 million7,495,531 man-hours were employed conducting Reficar’s business activities. Our HSE performance indicators for Total Recordable Cases (TRIF), Process Safety Incident (ISP) and Environmental Incident (EI) were well-within our established guidelines.

 

The following table covers Reficar´s Total Recordable Cases (TRIF) for 2015, 2016 and 2016,2017, which includes Ecopetrol Operation and Maintenance (O&M), Reficar and subcontractors. The table presents statistics related to construction, pre-commissioning, start-up and operating activities. Reficar has not reported more than 145 million man-hours without fatalities (accidents that caused deaths) during the period 2010-2016.2010-2017.

 

Table 39 – Performance Indicators

 

METRIC 2016  2015(1)  2017  2016  2015(1) 
Man-hours  10,351,896   32,944,698   7,495,531   10,351,896   32,944,698 
Recordable accidents  29   57   9   29   57 
Total recordable cases (TRIF)*  2.80   1.73   1.2   2.80   1.73 
Environmental Incidents (EI)  0   0   0   0   0 
Process Safety Incidents (ISP)*  0.19   0.03   0.13   0.19   0.03 

 

 

(1) In our annual report on Form 20-F for 2015, man hours and accidents corresponding to Reficar’s construction stage were reported. This report registers man hours and accidents of 2015 corresponding to the entire operation of the Refinery.


* In the second half of 2016, these risks were associated with the new stage of operation of the units while in 2015 they were associated with the construction, commissioning, precomissioning and start-up of the new refinery. For 2017, these risks were associated with normal operations.

 

The results of other related performance indicators during 20162017 were:

 

·(i)Lost Time Injury Incidents: 124 incidents, which include eight for 3 Ecopetrol O&M and four incidents for Reficar and subcontractors.

·Medical Treatment Injury: six incidents, which include four for Ecopetrol O&M, and two incidents for Reficar and subcontractors.

·Restricted Work Incidents: 11 incidents, which include 10 for Ecopetrol O&M, and one1 incident for Reficar and subcontractors.

 

·(ii)Environmental Incidents: None.

·Process Safety Incident: Two.

3.9.2Human Rights

Ecopetrol has a Human Rights Policy with an integrated and systemic management approach to human rights based on the due diligence principle, which we continued to strengthen in 2016.

In view of our commitment to respect and promote human rights, Ecopetrol updated its human rights risk assessment in order to evaluate and mitigate human rights impacts. As a result of this assessment, Ecopetrol S.A. has focused its efforts on the following principles:

·Right to life, libertyMedical Treatment Injury: 3 incidents, which include 1 for Ecopetrol O&M, and personal security,

·Right of association2 incidents for Reficar and collective bargaining,subcontractors.

 

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·(iii)Abolition of forced or compulsory labor,Restricted Work Incidents: 2 incidents, which include 2 for Ecopetrol O&M, and 0 incidents for Reficar and subcontractors.

 

·(iv)Abolition of child labor,Environmental Incidents: 0.

 

·(v)Equality and non-discrimination at work,

·Just, equitable, and satisfactory conditions of work,

·Rights of ethnic groups, and

·Collective rights and the environment.

3.9.3Environmental Sustainability

3.9.3.1Environmental PracticesProcess Safety Incident: 1.

 

3.9.2       Human Rights

Ecopetrol´s Secretary General, through its Corporate Responsibility unit, carries out an annual survey that evaluates stakeholder perception taking into account general and specific criteria relevant to corporate responsibility. For 2017, Ecopetrol decided to include a new section within the survey to measure stakeholder perception in human rights. This section includes criteria such as: (i) freedom of association, (ii) equality and non-discrimination, (iii) communicating how actual and potential human rights impacts are addressed, (iv) supply chain and human rights, (v) grievance mechanism or accountability mechanism, and (vi) human rights education and training. The information gathered through this process will be used by Ecopetrol to design an updated annual Human Rights Plan.

3.9.3       Environmental Sustainability

3.9.3.1       Environmental Practices

Ecopetrol S.A.

 

During 2016,2017, the environmental management strategy of Ecopetrol included the following components:

 

1.(i)Environmental Viability: this strategy concentrates on obtaining environmental licenses and permits as well as adequate land management that ensures the sustainability of operations through timely prevention efforts and management of environmental impacts, constant and systematic relationships with stakeholders and participation in the sustainable development of the territories in which we operate.

 

2.(ii)Climate Change: this strategy aims to decrease our carbon emissions and reduce the vulnerability of our operations and our facilities to the effects of climate change through the implementation of four strategic action lines:

 

·a.Mitigation:Mitigation: reducing our carbon dioxide emissions and creating carbon offset alternatives;

 

·b.Vulnerability and Adaptation:Adaptation: reducing the risks and impacts to our operations posed by climate variability and change;

 

·c.Research and Technology:Technology: reducing our greenhouse gas emissions through action on research and development, process optimization, implementation of energy efficient strategies, carbon capture and sequestration and diversification into low carbon energy sources; and

 

·d.Involvement in Policymaking:Policymaking: informing and influencing government policies on climate change.

 

3.(iii)BiodiversitySustainable productive projects and biodiversity: this strategy aimshas as its main objective the adequate management of biodiversity and ecosystem services, aiming to reduce Ecopetrol’s impacts onwork for the ecosystems inwelfare of communities. It has four major areas where we operate. This strategy mainly focuses on knowledge buildingof work: (i) multifunctional landscape management, (ii) biodiversity conservation, (iii) non-oil income generation and conservation efforts in areas where we operate.(iv) transfer of technical capabilities for developing sustainable projects.

 

4.(iv)Eco-efficiency: this strategy aims to maximize our efficient use of resources and mitigate our environmental impacts. Through this strategy, which extends to our supply chain, we seek to utilize energy, materials, and in general all natural resources as efficiently as we can, thereby reducing the environmental impacts from our operations and projects and minimizing emissions, effluents and waste disposal from our operations and projects while taking into account our production benchmarks.

 

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5.(v)Integrated Management of Water Resources: this strategy aims to ensure compliance with water resources laws and reduce conflicts over water use in the areas near our projects and operations. Our core focus areas under this strategy are aligned with the objectives defined by the 2010 National Water Policy for the Management of Water Resources in Colombia which focuses on water supply, demand, quality, risk governance and institutional strengthening.

 

Since 2009,In 2017, Ecopetrol has reported its achievements in the sphere ofperformance related to environmental management in its Sustainability Management Report to various relevant organizationsinstitutions focused onin promoting sustainable business practices,issues, such as the Dow Jones Sustainability Index, the Carbon Disclosure Project (CDP) and the CDP Water Information Request; Environmental Benchmarkingenvironmental benchmarking of ARPEL.

 

3.9.4       Energy Initiatives

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3.9.4Energy Projects

 

Refining

 

Ecopetrol’s refining companies have been undertaking significant efforts to make efficient and rational use of energy resources in its production processes and reduce energy consumption and costs and carbon dioxide emissions. We focus on efficiency, reliability and optimization, and energy diversification. During 2016,2017, the refinery segment’sBarrancabermeja Refinery’s average monthly energy consumption was 61.4261,782 MWhm (megawatts per hour per month) equivalents, from which 99.9%provided through self-generation. Reficar’s average monthly energy consumption was 67,451 MWhm (megawatts per hour per month) equivalents, 99.94% was provided through self-generation and the remaining 0.01%0.06% with non-regulated energy purchased from the National Transmission System.

 

Production

 

Further, during 2016,2017, Ecopetrol S.A.’s production sector had an average a monthly energy consumption of 272,839 MWhm (megawatts381 GWhm (gigawatts per hour per month) for its direct operation, from which 76%70.8% was provided through self-generation and the remaining 24%29.2% with non-regulated energy purchased from the National Transmission System.

 

3.10Related Party and Intercompany Transactions

3.10       Related Party and Intercompany Transactions

 

Set forth below is a description of material related party transactions. For additional information about transactions with related parties, see Note 32 – Related Parties31 to our consolidated financial statements.

 

Ocensa

 

Ecopetrol S.A. has entered into a number of agreements with its 72.65%-owned subsidiary Ocensa, of which the following are the most significant:

 

·In March 1995, Ecopetrol S.A. entered into an agreement for the transportation of crude oil through the Ocensa pipeline. Pursuant to the terms of this agreement, Ecopetrol S.A. was required to make monthly payments that varied depending on both the volume of crude oil transported through the pipeline and a tariff imposed by Ocensa on the basis of Ocensa’s financial projections and their expected volumes of crude oil. On January 17, 2013, this agreement was amended as a result of Ocensa’s new business model. Among other changes, this amendment to the transportation agreement establishes the payment of the tariff calculated according to Resolutions issued in 2010 by the Ministry of Mines and Energy. In 2013, another amendment was executed that modified the terms by which the payments of invoices should be made. In 2015 Ecopetrol received a temporary release of capacity from Vitol of 24,000 barrels per day for segment I and II and 14,000 barrels per day for segment III. In 2016,2017, payments made by Ecopetrol S.A. under this agreement amounted to US$873968.2 million.

 

·57In December 2011, Ecopetrol S.A. entered into an operation and maintenance agreement for the Porvenir, Miraflores and Vasconia pumping stations with Ocensa. In 2015, pursuant to the terms of this agreement, Ecopetrol S.A. received payments of approximately US$9 million at fixed and variable costs plus applicable taxes. Pursuant to the terms of the agreement, in September 2015 Ocensa notified Ecopetrol of its decision not to extend the term of the contract, which expired in March 2016.

 

·On July 10, 2012, Ecopetrol entered into a ship or pay agreement for the unloading of up to 8 thousand barrels per day of crude oil barrels at Ocensa’s unloading facilities. This agreement was later amended on March 12, 2013 and on July 19, 2013. The fees correspond to a cost of US$1.50 per barrel of crude oil that is unloaded. The agreement has a term of five years. On April 11, 2014 Ecopetrol entered into an additional ship or pay agreement for the operation of Ocensa’s unloading facilities by means of which Ecopetrol has the right to unload an additional volume of up to 2,000 barrels per day. The additional agreement has a five year term. On 2015, as a result of certain modifications made by Ocensa to the unloading facilities that make it possible to receive crude with lower API gravity, the parties signed an addendum to the agreement whereby crude of 18 API can be unloaded by Ecopetrol at Ocensa’s facilities. On March 2016 Ocensa temporarily modified the fee for unloading operations based on the stretch market conditions to US$0.50. By virtue of these agreements, Ecopetrol S.A. paid fees of US$2.62.39 million to Ocensa in 2016.2017.

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·On January 17, 2013, Ocensa and its shareholders – Cenit, Ecopetrol Pipelines International Limited, Santiago Pipelines Company, New Santiago Pipelines Company, Total Colombia Pipeline, Inversiones Sol del Sur S.A.S. and Cepsa Colombia S.A. – entered into a shareholders agreement that establishes the basis for a new business model, pursuant to which Ocensa has become a profit center instead of a cost center. This agreement became effective as of the date of execution and will be in effect until Ocensa is registered on an exchange. Additionally, this agreement might be renegotiated if the control structure of Ocensa is modified.

The Ocensa shareholders’ agreement establishes the basis for Ocensa’s corporate governance model. It provides for a board of directors composed of five members, two of which must be independent. Cenit may nominate three members of the board of directors, including the two independent members, while minority shareholders may together nominate the remaining two members.

The Ocensa shareholders’ agreement provides the minority shareholders with certain rights, including the right to nominate two members of the five-member board of directors. Significant decisions must be approved by a qualified majority of at least four Ocensa shareholders, and by supermajorities of the outstanding Ocensa shares. These actions include, among others (i) issuing additional shares or publicly listing shares, declarations of dividends in amounts other than all distributable income and certain amendments to Ocensa’s bylaws and (ii) asset sales in excess of US$50 million;

 

·On October 28, 2013, Ecopetrol entered into a natural gas supply contract in force until November 30, 2018, pursuant to which Ecopetrol S.A. supplies gas to Ocensa and receives a fixed price per MBTU (million British Thermal Units). This agreement replaced the contract for natural gas supply in Cusiana entered into on December of 2004, under which Ocensa paid a variable rate to Ecopetrol. In 2016,2017, Ecopetrol S.A. received an aggregate sum of US$4.95.12 million under the contract.

 

Ocensa has entered into the following agreements, among others, with some of our other subsidiaries:

 

·In March 1995, Equion and Santiago Oil Company entered into agreements for the transportation of crude oil through the Oleoducto Central S.A. (Ocensa) pipeline. In November 2012, Equion and Santiago Oil Company transferred, by means of various transactions, its shares (24.8%) and transportation rights (19.8%) holdings in the Ocensa pipeline to wholly owned subsidiaries of Ecopetrol S.A. (51%) and Talisman (49%). Equion and Santiago Oil Company kept 5% of transportation rights in Ocensa. In 2014, the transportation fees billed by Ocensa were: Equion (US$44.4 million), Santiago Oil Company (US$3.8 million) and Hocol (US$30.8 million). On January 17, 2013, this agreement was amended as a result of Ocensa’s new business model. Among other changes, the amendment to the transportation agreement establishes that tariff payments are to be calculated according to resolutions issued by the Ministry of Mines and Energy. On May 23, 2013, another amendment was executed that modified the terms by which the payments of invoices should be made. In 2016,2017, Equion paid Ocensa billed Equion US$13.65.2 million and Santiago Oil Company US$1.60.774 million, in each case for transportation fees. Hocol paid Ocensa, billed Hocol, as assignee of transportation rights from original shippers, US$130.012 million in 2016.2017.

 

·On July 9, 2012, Ocensa and ODL entered into a strategic alliance for the dilution of crude oil in the Cusiana station. The term of this contract is of five years. Once the initial term of the agreement ends, Ocensa has a purchase option over the assets that perform the dilution process. In 2015, the parties signed two addenda to the agreement in order to include additional construction work to be conducted by ODL and supervised by Ocensa for an agreed fee. ODL paid Ocensa US$2.62.3 million under this contract in 2016.2017.

 

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Oleoducto de Colombia S.A. (ODC)

 

Ecopetrol S.A. entered into the following agreements with its 73%-owned subsidiary ODC:

 

·In July 1992, a take-and-pay agreement was signed for the transportation of hydrocarbons. Pursuant to this agreement, Ecopetrol S.A. must pay a previously agreed tariff for the volume of hydrocarbons transported. The duration of this agreement is indefinite; however the contract will remain in force as long as Ecopetrol S.A. holds shares in Oleoducto de Colombia S.A., whether directly, or through an affiliate. As of January 2013, the parties agreed that the applicable tariff would be the one set by the Ministry of Mines and Energy (the “MME Tariff”). The MME Tariff had been set in 2011 for a four-year term, with a yearly adjustment based on the consumer price index. In 2016,2017, payments made by Ecopetrol S.A. under this agreement amounted to US$10583.7 million.

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·In August 1992, an operation and maintenance agreement was signed for the Vasconia and Coveñas terminals both property of ODC. The duration of this agreement is indefinite, but can be terminated by any party upon six months’ notice. The initial contract included services rendered by Ecopetrol directly or by third-party contractors hired by Ecopetrol through mandate; with a variable surcharge over expenses and third-party contracts between 5% and 12% plus any applicable taxes. In 2014, an amendment to the agreement was signed, adjusting the monthly fixed rate to include expenses of services rendered directly by Ecopetrol, plus an additional 10% fee, and to eliminate the administrative surcharge. The contract also includes a variable sum related to contracts and purchases made by Ecopetrol through mandate. In March 2015, the monthly rate was adjusted for both Vasconia and Coveñas Stations. In March 2016, an amendment to the agreement was signed, adjusting the agreement’s scope to include the pipeline’s maintenance and, adjusting the monthly fixed rate. In December 2017, an amendment to the agreement was signed, adjusting the agreement’s scope according to the change of the maintenance model of the midstream segment. Pursuant to the terms of this agreement, ODC paid approximately US$2025.9 million in 2016.2017.

 

·In March 1998, a joint operation agreement was signed for the TLU-1 Coveñas buoy. The duration of this agreement is indefinite and can be terminated by mutual agreement. In December 2013, Ecopetrol S.A. assigned its rights under this agreement to Cenit, though Ecopetrol S.A. kept its role as operator under the agreement. Pursuant to the terms of this agreement, ODC paid Ecopetrol S.A. approximately US$712.6 million in 2016.2017.

 

·In September 1999, a joint operation agreement was signed for the TLU-3 Coveñas buoy between Ocensa, ODC and Ecopetrol. Pursuant to the terms of this agreement, ODC paid approximately US$53.7 million in 2016.2017. The duration of this agreement is indefinite. In December 2013, Ecopetrol S.A. assigned its rights under this agreement to Cenit, though Ecopetrol S.A. kept its role as operator under the agreement.

 

·In July 2006, an operation and maintenance agreement was signed for the Caucasia station and the Vasconia-Coveñas pipeline system. The duration of this agreement is indefinite. Since 2010, this agreement only covers the operation of the Caucasia station and the Vasconia-Coveñas pipeline system, both property of ODC. The initial contract included services rendered by Ecopetrol directly or by third party contractors hired by Ecopetrol through mandate; with a variable surcharge over expenses and third party contracts between 5% and 12% plus any applicable taxes. In 2014, an amendment to the agreement was signed, adjusting the monthly fixed rate to include expenses of services rendered directly by Ecopetrol, plus an additional 10% fee, and to eliminate the administrative surcharge. The contract also includes a variable sum related to contracts and purchases hired by Ecopetrol through mandate. In 2015, an addendum was signed which adjusted the fixed rate. In March 2016, an amendment to the agreement was signed, adjusting the agreement’s scope to include the station’s maintenance and, adjusting the monthly fixed rate. In December 2017, an amendment to the agreement was signed, adjusting the agreement’s scope according to the change of the maintenance model of the midstream segment. In 2017, ODC paid Ecopetrol US$1010.7 million under this agreement.

 

ODC has entered into the following agreements with some of our other subsidiaries:

 

·Between March 1992 and January 1993, Hocol, Equion and Santiago Oil Company each entered into agreements with ODC for the transportation of crude oil through the Vasconia-Coveñas pipeline. The term of each of these agreements is indefinite. As of January 2013, the applicable tariff is the one set by the Ministry of Mines and Energy. In 2016,2017, the transportation fees billed by ODC were: Equion (US$117.4 million), Santiago Oil Company (US$10.4 million) and Hocol (US$80.58 million).

 

 59 

 

 

Oleoducto de los Llanos Orientales (ODL)

 

Ecopetrol S.A. has entered into the following agreements, among others, with its 65%-owned subsidiary ODL:

 

·In March 2009, Ecopetrol S.A. entered into a ship-or-pay agreement with ODL that establishes a financing tariff used to pay ODL’s indebtedness to Grupo Aval for five years. This agreement was superseded by a new contract executed in May 2010, with a seven-year term, to reflect new conditions agreed with Grupo Aval. In August 2013, this contract was amended, providing a new term of seven years, including twoa two-year grace periods, and an interest rate of DTF + 2.5%. This financing tariff is collected through a trust fund, which in turn is responsible for making the debt service payments to Grupo Aval. Under this agreement, ODL has committed to transport 75,000 bpd during the initial two-year grace period of the facility and 90,000 bpd during the remaining years including the new term. Ecopetrol S.A. is responsible for 65% of this capacity. Payments by Ecopetrol S.A. under this contract were COP$115107 billion in 2016.2017.

 

·In September 2009, Ecopetrol S.A. entered into a second ship-or-pay agreement with ODL that establishes a financing tariff collected through a trust fund that in turn is responsible for making debt service payments to security holders. Under this agreement, ODL committed to transport 19,500 bpd during the first phase of the ODL project (which began in September 2009 and ended in the first quarter of 2010) and 39,000 bpd upon commencement of the second phase of the ODL project which occurred in the first quarter of 2010 and was completed in the third quarter of 2016, (terminationthe termination date of the agreement). Payments by Ecopetrol S.A. under this contract were COP$112 billion in 2016.agreement.

 

·In December 2009, Ecopetrol S.A. entered into a service agreement with ODL to transport crude oil. This agreement was replaced in January 2014 by a new agreement that expires in December 2020. This is a “ship or pay” agreement covering 167,000 bpd for 2014, 149,000 bpd for 2015 and 139,000 bpd until 2020. In January 2017, this agreement was amended, in order to maintain the economic and commercial balance for the parties, based on changes to the standard condition of the system (to transport crude oil with a 690 cStk viscosity), reducing the “ship or pay” capacity from 139,000 bpd to 129.139 bpd until 2020. Payments by Ecopetrol S.A. under this contract were COP$421575.5 billion in 2016.2017.

 

·In March 2010, Ecopetrol S.A. entered into a pipeline operating and maintenance agreement with ODL. This agreement had an original five-year term and was amended in 2015 to extend the term another five10 years, adjusting certain conditions. In January 2017, this agreement was partially assigned by Ecopetrol to Cenit due to matters related to the management of plants and pipeline assets. In August 2017, the maintenance obligations were partially assigned by Ecopetrol to a third party. In October 2017, an amendment, of some technical definitions, in the name of and the annexes of the contract were updated and certain Ecopetrol´s obligations were removed, in line with the partial assignment. Pursuant to the terms of this agreement, ODL paid to Ecopetrol S.A. COP$86.9 billion and to Cenit COP$1.1 billion in 2016.2017.

 

·In JulyJune 2013, Ecopetrol S.A. entered into a five-year service agreement with ODL to dilute, in the facilities of the Cusiana field, crude oil transported in the Rubiales – Monterrey/Cusiana pipeline, with a committed capacity of 182,000 bpd. In January 2014, this contractagreement was amended to include an oil transfer service that has a “take or pay” volume of 15,000 bpd. Payments bybpd and the term was renewed for a new five-year period. In November 2017, this agreement was amended to reflect new commercial conditions related to fees. Pursuant to the terms of this agreement, Ecopetrol S.A. under this contract werepaid to ODL COP$3133.2 billion in 2016.2017.

 

·In August 1, 2015, ODL entered into an indefinite management agreement with Oleoducto Bicentenario by means of which ODL receives legal representation and provides management services to Oleoducto Bicentenario. In August 1, 2017, the agreement was amended in order to change the way ODL is remunerated by this service, improving the structure of the agreement. Pursuant to the terms of this agreement, Bicentenario paid to ODL COP$139 billion plus applicable taxes in 2016.2017.

 

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Oleoducto Bicentenario de Colombia S.A.S.

 

Ecopetrol S.A. has entered into the following agreements, among others, with its 55.97% owned subsidiary Oleoducto Bicentenario:

 

·In June 2012, Ecopetrol S.A. entered into ship-or-pay and ship-and-pay crude oil transportation agreements with Oleoducto Bicentenario for the transportation of crude oil from Araguaney to Banadía that establish a price, which requires the payment of Oleoducto Bicentenario’s indebtedness to local banks for 12 years. This tariff is collected through a trust; the trust is also responsible for making the debt service payments to the banks. The duration of the ship-or-pay agreement is the earlier of 12 years or when the credit has been entirely paid, and the duration of the ship-and-pay agreement is 20 years after the ship-or-pay terminates. Under these agreements, Oleoducto Bicentenario has committed to transport at least 110,000 bpd, of which the 55% of the agreement volume is provided directly by Ecopetrol S.A. and 0.97% indirectly by Hocol. In March 2014, the parties signed an amendment to this contractthese agreements under which Oleoducto Bicentenario acknowledges having received an advance tariff payment which can be amortized through volumes of crude transported in excess of 110,000 bpd. In April 2015, this contract wasthese agreements were amended to modify certain definitions to reflect new terms from the negotiation of the debt, which included a modification of participant banks and a reduction of the interest rate. In March 2017, the parties signed an amendment to these agreementsin order to include the terms and conditions of the “contingent service” that involves the transportation of crude oil from Banadía to Araguaney when this service is required, and includes a “ship or pay” commitment of 270.000 bpd when the contingent service is needed. In addition, this amendment includes an equivalent credit note of one and a half day of service into the original ship-or-pay agreement for the transportation of crude oil from Araguaney to Banadía. Hocol has signed an amendment to the transportation agreement from Araguaney to Banadía, in order to receive the related credit note in case that the availability of the service in that direction is suspended in order to enable the contingent service (Banadía-Araguaney). In September 2017 the agreement was amended to specify that the “contingent capacity” could be over 180.000 barrels per any “contingent service” operation and to extend the term until July 30 of 2018 Pursuant to the terms of this agreement,these agreements, in 20162017 Ecopetrol and Hocol paid to Bicentenario S.A. COP$603 billion plus applicable taxes.613.1 million.

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·In June 2012, Ecopetrol S.A. and Hocol entered into storage or pay and storage and pay agreements with Oleoducto Bicentenario. Under these agreements, Oleoducto Bicentenario is committed to receive, store, preserve and deliver our crude oil. The storage or pay agreement will terminate when Oleoducto Bicentenario’s indebtedness to local banks has been entirely paid, and the duration of the storage and pay agreement is 20 years after the storage or pay agreement terminates. In April 2015, this contract was amended to modify certain definitions to reflect new terms from the negotiation of the debt, which included a modification of participant banks and a reduction of the interest rate. Pursuant to the terms of this agreement, in 20162017 Ecopetrol and Hocol paid to Bicentenario COP$2524.8 billion plus applicable taxes.

 

·In August 2012, Ecopetrol S.A. entered into an Operation and Maintenance agreement for the Araguaney – Banadia pipeline system. The duration of this agreement is 15 years. This agreement was partially assigned in January 2017 by Ecopetrol to Cenit due to matters related to the management of plants and pipeline assets. In November 2017, the maintenance obligations of the transportation system were partially assigned to Cenit S.A.S. Finally, in December 2017 the agreement was modified to exclude from its scope the Araguaney and Banadía Stations maintenance. Pursuant to the terms of this agreement, Ecopetrol S.A. received COP$1511.7 billion in 2016.2017.

 

Ecodiesel

 

·Ecopetrol S.A. entered into a supply agreement with Ecodiesel Colombia S.A. (“Ecodiesel”), a company in which Ecopetrol S.A. has a 50% equity interest. This agreement has been operative since August 1, 2010. Pursuant to the terms of this agreement, Ecodiesel must deliver to Ecopetrol S.A. and Ecopetrol S.A. must in turn purchase 48,100 barrels of Ecodiesel’s biodiesel production each month. Payments vary depending on the purchased volumes and the prices of biodiesel. This agreement expires on DecemberJanuary 31, 2017.2021. In 2016,2021, a total of COP$264258 billion was paid under this contract.

 

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Savia Peru S.A.

 

·On February 19, 2016, Ecopetrol S.A., as lender and shareholder of 50%, and Savia Perú, as borrower, entered into a five-year loan agreement for an aggregate principal amount not to exceed US$70 million. The proceeds of the facility will be used to (i) repay short term loans and (ii) pay shortfalls related to final judgments (in case they materialize). The loan agreement accrues interest at an annual rate of 4.99%, which can be adjusted on an annual basis, with semi-annual interest payments and principal payments beginning on the 21st month following the disbursement date. Total disbursement was US$56.5 million through the disbursement period ended on December 31, 2017. As of April 2017,2018, the outstanding balance of the obligation with Ecopetrol disbursedis US$56.549.4 million under the loan agreement. Korea National Oil Corporation (KNOC), as shareholder of the other 50% of Savia Perú, signed a facility under the same terms and conditions as described above.

 

Transactions with Other State-Controlled Entities

 

Other than the agreements that we have entered into with the ANH, in the ordinary course of business we enter into transactions with other state-owned entities that include but are not limited to the following:

 

·Selling and purchasing goods, including crude oil purchases of ANH royalties (see below);

 

·Properties and other assets;

 

·Rendering and receiving services;

 

·Leasing assets;

 

·Depositing and borrowing money; and

 

·Using public utilities.

 

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For the years ended December 31, 2017, 2016 2015 and 2014,2015, we purchased the following volumes of crude oil from the ANH (National Hydrocarbon Agency) corresponding to royalties paid in kind by oil producers in Colombia: 40.3 million barrels, 42.9 million barrels 45.6 million barrels and 45.445.6 million barrels, respectively. See the sectionBusiness Overview—Applicable Laws and Regulations—Regulation of Exploration and Production Activities—Business Regulation—Royaltiesfor a description of the current royalty scheme.

 

3.11Insurance

3.11       Insurance

 

We have a clear and defined corporate policy based on risk financing guidelines that summarizes the Company’s risk transfer and retention alternatives and provides support and guidance for all the insurance-related issues of all of our affiliated and subsidiary companies.

 

There are three corporate insurance programs covering Ecopetrol S.A. and its subsidiaries. In the text and tables below, we set forth our insurance programs and the companies covered, along with limits and coverage details.

Group 1- Downstream Program:This insurance program provides coverage for downstream (assets and operations) of Ecopetrol S.A. and all of its subsidiaries in excess of their local insurance programs, when applicable. Coverage includes all physical damage and sabotage and terrorism, which were designed to cover downstream operations.

 

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Table 40 – Group 1 Downstream Program

 

 Limit (eel/agg*)  Deductible Ecopetrol     Limit (eel/agg*)  Deductible  Ecopetrol        
 Onshore  Offshore  On shore  Off shore Downstream Reficar Propilco Onshore Off shore  On shore  Off shore  Downstream  Reficar  Propilco  Bioenergy 
 (figures in USD in millions)  (figures in USD in millions)          
Policies                                             
Property all risk  2,744   0   5  N/A X X X  2,744   0   5   N/A   X   X   X   X 
Sabotage and terrorism  600   0   0.5  N/A X X X  600   0   0.5   N/A   X   X   X   X 

 

 

(*)Eel: each and every loss. Agg: Aggregate

(*) Eel: each and every loss. Agg: Aggregate

Group 2 – Up and MidstreamUpstream Program:This program provides coverage for upstream and midstream (assets and operations) of Ecopetrol’s interests and all of its upstream subsidiaries. Coverage includes all physical damage, sabotage and terrorism and control of wells.

 

Table 41 – Group 2 Upstream and Midstream Program

 

 Limit (eel/agg*)  Deductible  Ecopetrol             Limit (eel/agg*)  Deductible  Ecopetrol                
 Onshore  Offshore  Onshore  Offshore  Upstream Equion Hocol América Brazil ODL Cenit Onshore  Offshore  Onshore  Offshore  Upstream  Equion  Hocol  América  Brazil  ODL  Cenit  ECA 
 (figures in USD in millions)       (figures in USD in millions)                
Policies                                                                 
Property all risk  400   400   0.25   0.5  X X X X NA X X  400**  400**  0.25   0.5   X   X   X   NA   NA   NA   NA   X 
Sabotage and terrorism  55   0   0.5   N/A  X X X NA NA X X  55   0   0.5   N/A   X   X   X   NA   NA   NA   X   X 
Control of Wells  250/50**  400   0.25-0.5   5  X X X X X NA NA  250/50***  400   0.25 - 0.5****  6   X   X   X   X   X   NA   NA   X 

 

 

(*) Eel: each and every loss. Agg: Aggregate

(**) USD250M but USD400M Maximum Loss limit and in the aggregate in respect of earthquakes.

(***) Drilling USD250M / Production USD50M

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(****) 0.25, except for Drilling/Workover wells for which the deductible is 0.5.

 

Group 3 – Transversal Program:This program provides coverage for downstream, upstream and midstream operations of Ecopetrol and its subsidiaries and all of its subsidiaries in excess of their local insurance programs. Coverage includes general liability, directors and officers, cargo, crime and charterers’ liability.

 

Table 42 – Group 3 Transversal Program

 

 Limit (eel/agg*) Deductible Ecopetrol       Ecopetrol               Limit
(eel/agg*)
        Deductible  Ecopetrol        Ecopetrol                   
 On
shore
 Off
shore
  On
shore
 Off
shore
 Down
stream
  Reficar  Propilco  Up
stream
  Equion  Hocol  América  Brazil  ODL  Cenit  Onshore  Offshore  Onshore  Offshore  Downstream  Reficar  Propilco  Upstream  Equion  Hocol  América  Brazil  ODL  Cenit 
 (figures in USD in millions)  (figures in USD in millions) 
Policies                                                                                                      
Third Party Liability 500  500  1 1  X   X   X   X   X   X   X   X   X   X   500   500   1   1   X   X   X   X   X   X   X   X   X   X 
Crime 75/150     Various Various  X   X   X   X   X   X   NA   NA   NA   X   75/150  Various   Various   X   X   X   X   X   X   NA   NA   NA   X   X 
Directors& Officers 250     Various Various  X   X   X   X   X   X   X   X   NA   X   250   Various   Various   X   X   X   X   X   X   X   X   NA   X   X 
Cargo 120     3% dispatch NA  X   X   NA   X   NA   X   NA   NA   NA   NA   120   3% dispatch   NA   X   X   NA   X   NA   X   NA   NA   NA   NA   NA 
Charterers 750     0.02  NA   NA   NA   X   NA   NA   NA   NA   NA   NA   750   0.02       NA   NA   NA   X   NA   NA   NA   NA   NA   NA   NA 

 

 

(*) Eel: each and every loss. Agg: Aggregate

 

Our third-party liability insurance policies cover Ecopetrol S.A., our subsidiaries and affiliates in excess of local underlying policy limits for claims made against them by third parties. Our commercial general liability coverage will pay on behalf of or indemnify amounts for which an insured becomes legally obligated to pay, including damages in respect of bodily injury, property, pollution and product liability. Coverage of bodily injury and property damage is subject to coverage territory during the policy period.

 

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Until last year, this Group included coverages for midstream (assets and operations). However, since second semester 2017 Ecopetrol’s midstream subsidiaries (Cenit, Ocensa, ODL, Bicentenario and ODC) started an independent program looking for the optimization of coverages for the Oil Transportation.

Table 43 –Midstream Program

  Limit (eel/agg*)  Deductible                
  Onshore  Offshore  Onshore  Offshore  Cenit  Ocensa  ODL  OBC  ODC 
  (figures in USD in millions) 
Policies                                    
Property all risk *  200   200   0.2   0.5   X   X   X   X   X 
Sabotage and terrorism  50   50   0.1   0.1   X   X   X   X   X 
Third Party Liability  100   100   0.25   0.25   X   X   X   X   X 

*Each company has its own limit of 200M and an aggregated excess shared limit of 500m

With respect to offshore operations in the U.S. Gulf Coast, Ecopetrol America Inc. is party to Operating Agreements, or OAS, that include customary conditions and which contain similar terms and provisions to those in the Model Form of Offshore Deepwater Operating Agreement of the American Association of Professional Landmen. In general, pursuant to these OAs, the obligations, duties, and liabilities of the contract parties are several, and not joint or collective, for all operations covered by the OAs.

 

3.12Human Resources/Labor Relations

Ecopetrol S.A. has a contract with two local insurance companies for domestic operations. The local policies relate to transit, accidents, mandatory policies, liability mandatory policies, and personal accidents policies, among others. Additional policies are requested from the insurers as they are needed.

 

3.12.1Employees

3.12       Human Resources/Labor Relations

3.12.1       Employees

 

As of December 31, 2016,2017, the Ecopetrol Corporate Group had 10,92011,682 employees, an increase of 1.48%7.0% from 2015.2016. Most of our employees are located in Colombia. The table below presents the breakdown of Ecopetrol employees according to the business segments where they work, and the personnel of our subsidiaries for the years ended December 31, 2017, 2016 2015 and 2014.2015.

 

Table 4344 – Corporate Group’s Employees

 

 As of December 31,  As of December 31, 
 2016  

2015(1)

  

2014(2)

  2017  2016  2015(1) 
 (number of employees)  (number of employees) 
Ecopetrol S.A.                        
Exploration and Production                        
Exploration  225   218   187   197   225   218 
Production  2,095   1,880   2,022   2,141   2,095   1,880 
Others  452   457   429   639   452   457 
Total Exploration and Production  2,772   2,555   2,638   2,977   2,772   2,555 
Downstream                        
Refining  2,685   2,700   2,771   2,669   2,685   2,700 
Marketing  133   136   199   132   133   136 
Others  72   6   19   67   72   6 
Total Downstream  2,890   2,842   2,989   2,868   2,890   2,842 
Transport  949   1,158   1,251   817   949   1,158 
Others  244   61   3   330   244   61 
Total Operations  6,855   6,616   6,881   6,992   6,855   6,616 
Corporate  1,993   2,115   2,269   2,290   1,993   2,115 
TOTAL ECOPETROL S.A.  8,848   8,731   9,150   9,282   8,848   8,731 
Ecopetrol America Inc.  71   75   57   70   71   75 
Bioenergy S.A.  145   122   96 
Bioenergy S.A.S.  358   145   122 
Bioenergy Zona Franca S.A.S.  258   126   94   316   258   126 
Hocol S.A.  179   172   185   205   179   172 
Equion Energía Limited  321   458   462   298   321   458 
Oleoducto Central S.A.  290   271   249   290   290   271 
Oleoducto de Colombia S.A.  2   2   1   1   2   2 
Oleoducto de los Llanos S.A.  55   56   33   68   55   56 
Oleoducto Bicentenario de Colombia S.A.S.  0   0   39   0   0   0 
Ecopetrol del Perú S.A.  0   0   0   0   0   0 
Ecopetrol Costa Afuera de Colombia S.A.S.  0           6   0     
Refinería de Cartagena S.A.  170   270   247   185   170   270 
Ecopetrol Óleo e Gás do Brasil Ltda.  16   17   14   16   16   17 
Polipropileno del Caribe S.A. (Esenttia S.A.)  409   388   374   370   409   388 
Cenit Transporte y Logistica de Hidrocarburos S.A.S.  156   73   72   217   156   73 
TOTAL  10,920   10,761   11,073   11,682   10,920   10,761 

 

 

(1)31 persons employed by us during 2015 were not included in our 2015 employee statistics as they were independent contractors involved in non-regular activities and cannot be classified as temporary employees.

(2)79 persons employed by us during 2014 were not included in our 2014 employee statistics as they were independent contractors involved in non-regular activities and cannot be classified as temporary employees.

 

 6364 

 

 

Loans and investment on training and development for our employees

 

To improve the quality of life of our employees, Ecopetrol S.A. extends various types of loans to its employees, including housing loans and general-purpose loans. The principal amount of the loan depends on the applicant’s tenure and cannot exceed 59 times the applicant’s monthly salary.tenure. Ecopetrol S.A. does not guarantee any loans made by third parties. In 2016,2017, Ecopetrol S.A. extended 9991,201 housing loans for a total of COP$173219.44 billion and 1,7421,794 general-purpose loans for a total of COP$1314.86 billion. Ecopetrol S.A. also provided on-site and external training and development, which total to COP$5.721.1 billion, and it extended a total of COP$165182.6 billion in subsidies for education.

 

We have not provided loans (including housing loans), extended or maintained credit lines, arranged for the extension of credit by third parties, materially modified or renewed an extension of credit lines, in the form of a personal loan to or for any of our executive officers since our ADSs were registered under the Exchange Act.

 

There are no executive officers with housing loans from Ecopetrol.

 

Labor Regulation

 

In accordance with article 123 of the Colombian Constitution and the article 7th of the Law 1118 of 2006, our employees are considered “public servants”; even though they are subject to the common labor law. As such, their behavior is subject to the rules to those who handle public interests and goods and could be held liable for their illegal actions and omissions pursuant to the following regimes: (i) disciplinary (Law 734 of 2002), (ii) criminal or (iii) civil.

 

3.12.2Collective Bargaining Arrangements

3.12.2       Collective Bargaining Arrangements

 

Ecopetrol S.A.

 

A collective bargaining agreement between us and our main labor unions governs labor relations with our unionized employees, which amounted to 4,1804,609 employees as of January 1, 2017.2018. The agreement also governs our labor relations with the 2,8182,593 non-unionized employees who, according to current labor legislation, have been beneficiaries of the collective bargaining agreement.

 

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We currently have fiveseven industry-wide labor unions and seven company labor unions:

 

·Unión Sindical Obrera de la Industria del Petróleo — USO (industry labor union);

 

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·Asociación de Trabajadores Directivos Profesionales y, Técnicos y Trabajadores de las Empresas de la Rama de Actividad Económica del Recurso Natural del Petróleo, los combustibles y sus Derivados de Colombia —Derivados— ADECO (industry labor union);

 

·Sindicato Nacional de Trabajadores de Empresas Operadoras, Contratistas, Subcontratistas de Servicios y Actividades de la Industria del PetróleoPetrolera, Petroquímica y Similares — SINDISPETROL (industry labor union);

 

·Unión de Trabajadores de la Industria Energética Nacional y de Servicios Públicos – UTEN (industry labor union);

 

·Asociación Sindical de Trabajadores de la Industria del Petróleo – ASTIP (industry labor union);

 

·AsociaciónSindicato Nacional de ProfesionalesTrabajadores de Ecopetrol — ASPEC (companyla Industria de los Hidrocarburos – SINATRINHI (industry labor union);

 

·Sindicato Nacional de Trabajadores de Mantenimiento de la Industria del Petróleo, Gas y Carbón – SINTRAMANPETROL (industry labor union); Asociación de Profesionales de Ecopetrol — SINCOPETROLASPEC (company labor union);

 

·Asociación Sindical de Empleados de Ecopetrol – ASOPETROL (company labor union);

 

·Asociación Sindical de Trabajadores de Ecopetrol – TRASINE (company labor union);

 

·Asociación Sindical de Trabajadores de Ecopetrol – ASTECO (company labor union);

 

·Sindicato de Trabajadores Petroleros de Ecopetrol – SINPECO (company labor union): and;

 

·Sindicato de Profesionales de Ecopetrol S.A. – SINPROECOP (company labor union).; and

 

Currently Ecopetrol S.A. does not have any workers in the SINCOPETROL union. This union does not participate in the negotiation process.

·Asociación de Profesionales y Tecnólogos Empleados de ECOPETROL S.A. – APROTECO (company labor union).

 

Any employee working for any company in the oil and gas industry may join the USO, ADECO SINDISPETROL, UTEN, ASTIP, SINATRINHI or ASTIP.SINTRAMANPETROL. Only our employees may join the company labor unions.

 

Ecopetrol S.A. relations with unions are based on a permanent dialogue and communication sessions where different matters are discussed in order to solve and prevent any labor conflict.

 

TheOur current collective bargaining agreement has been in effect since 2014 and expireshas a term of four years, expiring on June 30, 2018. In 2016, the agreement was reviewed on application matters, except for monetary expenses (including wages and benefits). This review ended with a mutual arrangement document, signed on December 10, 2016.

 

There will be no changes to these terms until June 2018 or till the end of the eventual negotiation process. This agreement currently covers all workers benefiting from the Collective Labor Convention, regardless of whether they are part of any labor union.

 

4.Financial Review

 

Our consolidated financial statements for the years ended December 31, 2014, 2015, 2016 and 20162017 were prepared in accordance with IFRS. Our date of transition from our previous GAAP to IFRS was January 1, 2014.

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IFRS differs in certain significant respectsaspects from the current Colombian IFRS (which is the accounting standard we use for local statutory reporting purposes). As a result, our financial information presented under IFRS is not directly comparable to certain of our financial information presented under Colombian IFRS. A description of the differences between Colombian IFRS and IFRS is presented underSummary of Differences between Internal Reporting (Colombian IFRS and IFRS) below.

 

Our consolidated financial statements were consolidated line by line and all transactions and significant balances between affiliates have been eliminated. These financial statements include the financial results of all subsidiaries companies controlled, directly or indirectly, by Ecopetrol S.A. See Exhibit 1—Consolidated companies, associates and joint ventures, to our consolidated financial statements included in this annual report.

 

4.1       Factors Affecting Our Operating Results

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4.1Factors Affecting Our Operating Results

 

Our operating results were affected mainly by international prices of crude oil and, to a somewhat lesser extent, international prices for refined products and local prices for natural gas, as well as sales volumes, product mix, exchange rate and our operational performance. Crude oil prices and volumes are particularly important to the results of our exploration and production segment. This is because as export volumes or export prices of crude oil and products decrease or increase, thusour revenues too.do also. Results from our refining activities are also affected by the price of crude oil used as raw material, changes in product prices in the international market, change in environmental regulations, conversion ratios and utilization rates and refining capacity, all of which affect our refining margins. Changes in the value of foreign currencies, particularly the U.S. dollar against the Colombian Peso, can also have a significant effect on our financial statements. Finally, terrorist attacks by guerillas against our pipelines and other facilities or social unrest can lead to loss of revenues by restricting the availability of transport systems for exports or sales of crude oil and products and/or production activities, in addition to the direct costs of repairing and cleaning them.cleaning.

 

Sales volumes and prices

 

Our results from the exploration and production segment dependsdepend mainly on our sales volumes and average local and international prices for crude oil, petrochemicals and natural gas. Additionally, sales volumes are affected byalso reflect the purchase of crude oil and natural gas that we make from third parties and the ANH.

 

We sell crude oil mainlyand natural gas in the local and the international market. We also process crude oil at the Barrancabermeja and ReficarCartagena refineries and sell refined and other petrochemical products in the local and international markets.

 

Local sales and prices

 

We have a number of crude oil short-term commercial agreements with local customers, and natural gas short and long-term supply contracts with gas-fired power plants and local natural gas distribution companies. Local sale prices are determined in accordance with existing regulations, contractual arrangements and the spot market linked to international benchmarks. Local sales represent 48%50.4% of our total revenues, on average, for the past three years.

 

International Sales and Prices

 

Our foreign sales represented 52%49.6% of our total revenues, on average, for the past three years.

 

International sale prices are determined in accordance with contractual arrangements and the spot market linked to international benchmarks primarily ICE Brent benchmark.

 

A market diversification strategy has allowed us to focus towardscapture markets where we have been able to capture better valueobtain higher prices for our crudes and refined products. We sell our crudes and refined products in various regions, such as the U.S., Central America and the Caribbean, Asia and Europe. In our negotiations with potential customers, we seek to use the most liquid benchmark reference prices in each region.

 

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Exploration costs

 

We account for exploratory drilling costs using the successful efforts method, whereby all costs associated with the exploration and drilling of productive wells are initially capitalized. Costs incurred in exploring and drilling of dry or unsuccessful wells are expensed in the period in which the well is determined to be a dry or unsuccessful well and are accounted for under “Exploration and Project expenses.” Consequently, an increase in the number of exploratory wells we declare as dry or unsuccessful will negatively affect our results and may cause volatility in our operating expenses.

 

Royalties

 

Each of our production contracts has its own royalty arrangement in accordance with applicable law. Law 141 of 1994 established a royalty fixed rate equivalent to 20% of total production. In 1999, a modification to the royalty system established a sliding scale for royalty percentage linked to the production level of crude oil and natural gas to fields discovered after July 29, 1999, depending on whether the production is crude oil or natural gas, and on the quality of the crude oil produced. Since 2002, as a result of the enactment of Law 756 of 2002, the royalty percentage has ranged from 8% for fields producing up to five thousand bpd to 25% for fields producing an excess of 600 thousand bpd. Producing fields pay royalties in accordance with the applicable royalty rate at the time of the discovery. Also, Law 756 of 2002 establishes that in the fields of the association contracts that finalize or revert back, an additional royalty rate of 12% of the basic production applies. Therefore, pursuant to this law, in 2016, as a result of the return of the Rubiales field to Ecopetrol in July 2016, the royalty rate went from 20% to 32%.

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Since January 2014, the ANH has collected natural gas production royalties from producers settled in cash based on a formula, regardless of whether a producer has sold the gas. As a result, we no longer commercialize this gas on behalf of the ANH. In addition, because the royalties are now payable to the ANH in cash, all the gas we produce is considered part of our reserves and production, without any deduction for royalties. The cost of natural gas royalties totaled COP$ 478,332449,959 million in 2016.2017.

 

Purchases of hydrocarbons

 

We continue purchasingpurchase all crude oil delivered to the ANH as royalties by us and by third parties. The purchase price is calculated according to a formula set forth in a contract between usEcopetrol and the ANH that reflects our export sales prices (crudes and products), a quality adjustment for API gravity and sulfur content, transportation rates from the wellhead to the Coveñas andor Tumaco ports and a marketing fee. We sell the physical product purchased from the ANH as part of our ordinary business. In June 2016, the contract between the ANH and us was extended until June 30, 2018.

 

Our purchases of hydrocarbons from the ANH are made in the ordinary course of business, and on terms comparable to those offered to private parties. We have established procurement policies and approval processes for purchases of products and services, which do not depend on whether the counterparties are state-owned entities.

Since 2016, we importhave imported crude oil for Reficar feedstock when such imports are to result in a better operational or economic performance of the Ecopetrol Group.

 

4.2Effect of Taxes, Exchange Rate Variation, Inflation and the Price of Oil on our Results

4.2       Effect of Taxes, Exchange Rate Variation, Inflation and the Price of Oil on our Results

 

4.2.1Taxes

4.2.1       Taxes

 

In December 2016, the Colombian Congress adopted Law 1819, which introduced more changes to the Colombian tax system applicable beginning in 2017, including the following aspects:as follows:

 

·The CREE and CREE surtax were eliminated. Instead, a unified income tax rate was set, which will be 34% for 2017 and 33% for 2018 and onwards.

 

·An income tax surtax for profits above COP$800 million is set which will be 6% in 2017 andof 4% in 2018.

 

·Taxpayers must calculate their taxable income taking as initial base the year and result under Colombian IFRS. Accounting profit is reconciled to obtain the net income tax. Thistax which is the basis upon which to calculate the income tax.

 

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·AFrom fiscal year 2017 onwards, a withholding tax on dividends is triggered for dividends paid to non-resident shareholdersis as follows:

(i)For non-resident shareholders: (i) a 5% dividend tax foron dividends distributed out offrom profits already taxed at the company´scorporate level; and (ii) a 35% withholding tax rate foron dividends distributed out offrom profits not taxed at the company´scorporate level, and (iii)plus an additional 5% dividend tax rate after having applied and deductedapplying the initial 35% withholding. As of fiscal year 2017,withholding tax rate.

(ii)For Colombian individuals: dividends paid are taxed at 5% if they arebetween 600 and 1,000 Tax Value Unit (UVT – Unidad de Valor Tributario for Colombian individuals, dividends will be taxed between 5%its acronym in Spanish) and 10% depending on the dividend amount. Profits that did not pay tax at the corporate level would be subject to a 35% withholding tax at the time of distribution. In this case, the base amount subject to the dividend tax would be the remaining amount after the 35% withholding tax. if they are greater than 1,000 UVT.

·Dividends tax will be applicable to profits generated as of 2017. Finally, dividends paid to local corporations are not subject to this tax.any tax, provided that such dividends were taxed at the corporate level.

 

·2017 and future loss carryforwards are subject to a time-limit of 12 years.

 

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·Depreciation and amortization methods and annual percentages are limited to thethose established in the fiscal ruleframework and dependsdepend on the type of asset. For example, machinery and equipment depreciate at an annual rate of 10%, infrastructure (including pipelines) at 2.22% and vehicles and computers at 20%, among others.

 

·The income tax for tax free zone users will increase from 15% tois 20% in 2017.for fiscal year 2018. The tax rate of companies located in a free trade zone with the legal stability contract is 15%, which typically applies during the contract’s duration term.duration.

 

·The presumptive income rate will increaseincreased to 3.5% in 2017 from 3% to 3.5% as of 2017.in 2016.

 

·Tax rate for VAT will increaseincreased to 19% in 2017 from 16% to 19%.in 2016.

 

·The charge on financial transactions is stabilized at 4x1,000.0.004%, with half of the tax liability being deductible.

 

·

A new national carbonCarbon tax is established which will be triggeredaccrues on the carbon content of fossil fuels used for combustion. The rate will be COP$15,000 per ton of CO2.

 

For the oil and gas industry the tax reform includesThe 2016 Tax Reform included two tax benefits that are expected to improve the operations of the oil and gas industry:

 

·“CERT: Certificado de Reembolso Tributario” incentive

For exploration activities, the “CERT” (for its acronym in Spanish) incentive was approved, consisting of the reimbursement of part of the investment made in the exploration phase. The reimbursement will depend on certain percentages that should be established and further regulated by Colombian Government.

The CERT will be granted when the income tax return is filed, subject to the procedure to be established by the Colombian Government.

The CERT can only be redeemed to pay taxes and is effective up to two years after it is issued. However, the CERT can also be sold and traded in fixed income market.

For production activities, the CERT will be granted exclusively to investments that increase the recovery factor, i.e. investments that increase the reserves that are currently proved in certain wells.

The effect of this regulation is still uncertain and will depend on how and when the government issues the detailed regulations.“CERT: Certificado de Reembolso Tributario” incentive:

 

·For exploration activities, the “CERT” (for its acronym in Spanish) incentive was approved, consisting of the reimbursement of part of the investment made in the exploration phase.

·The CERT will be granted when the income tax return is filed.

·The CERT can only be redeemed to pay taxes at the national level and its effective maturity date is two years after it is issued. Nevertheless, Decree 2253 of 2017 establishes that a CERT redemption can be made from year two to year five, as from the date of the granting of the incentive. The CERT can also be sold and traded in fixed income market.

·For production activities, the CERT reimbursement will be granted exclusively to investments that increase the recovery factor, i.e. investments that increase the reserves that are currently proved in certain wells.

·On December 29, 2017, the Colombian Government issued Decree 2253, which establishes that companies who (i) qualify as operators of association agreements entered into with Ecopetrol, (ii) have exploration and production of hydrocarbons agreements and (iii) are currently involved in the exploration and production of hydrocarbons, among others, can also qualify for the CERT. Additionally, the CERT will not qualify as taxable income or capital gain for the taxpayer receiving or acquiring such incentive.

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·On March 23, 2018, the following Resolutions were issued in order to regulate the procedures and requirements that companies must comply to claim the CERT: 0860 of Ministry of Finance and Public Credit, 108 of ANH and 40284 and 40285 of Ministry of Mines and Energy.

Refundable VAT on O&G exploration:

Taxpayers in the oil and gas industry are entitled to refund VAT paid in the exploration phase for offshore projects. Taxpayers can request for this VAT as of the next fiscal year in which the investment was made. VAT that is reimbursed cannot be used as a higher cost or expense for income tax purposes.

 

4.2.2·Exchange Rate VariationTaxpayers in the oil and gas industry are entitled to refund VAT paid in the exploration phase for offshore projects. Taxpayers can request for this VAT as of the next fiscal year in which the investment was made. VAT that is reimbursed cannot be used as a higher cost or expense for income tax purposes.

4.2.2       Exchange Rate Variation

 

The functional currency of each of the companies of Ecopetrol Group company is determined in relation to the main economic environment where each company operates; however our consolidated financial results are reported in Colombian Pesos, which is the Ecopetrol Group’s functional and presentation currency. A substantial part of our consolidated revenues coming from Ecopetrol Group companies whose functional currency is the Colombian Peso, the U.S. dollar-Colombian Peso is derived from local sales and exports of crude oil, natural gas and refined products are sold at prices referenced to benchmarks quoted in U.S. dollars. Therefore, they are exposed to foreign currency exchange risk on revenues, capital expenditures and financial instruments that are denominated in a currency other than its functional currency.

 

Fluctuations in the U.S. dollar-Colombian Peso exchange rate have effects on our consolidated financial statements. As crude oil is priced in U.S. dollars, fluctuations in the exchange rate of the Colombian Peso against the U.S. dollar may have a significant impact on revenues, cost, assets and liabilities held in foreign currency.

An appreciation of the Colombian Peso has a negative impact on our results of operations because our revenues from exports of crude oil, natural gas and refined products are primarily expressed in Colombian Pesos.U.S. Dollars. Costs of imported goods and contracted services expressed in U.S. dollars will also be lower when expressed in Colombian Pesos, but on balance, our operating income in Colombian Pesos tends to decline when the Colombian Peso appreciates, other factors being equal. The appreciation of the Colombian peso against the U.S. dollar also decreases the debt service requirements of our Companies with the Colombian peso as their functional currency, as the amount of the Colombian pesos necessary to pay principal and interest on foreign currency debt decreases with the appreciation of the Colombian peso.

Conversely, when the Colombian Peso depreciates against the U.S. dollar, our reported revenues, costs related to imported goods and services, interest costs, and operating income, all tend to increase. As crude oil is priced in U.S. dollars, fluctuations in the exchange rate of

During 2017, the Colombian Pesopeso appreciated on average 3.35% against the U.S. dollar may have a significant impact on revenues, cost, assetsdollar. In 2016 and liabilities held in foreign currency.

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During 2016, 2015, and 2014, the Colombian Peso depreciated on average 11.18%, 37.28% and 7.05%37.28%, respectively, against the U.S. dollar. Additionally, as of December 31, 2017 and December 31, 2016 the Colombian PesoPeso/U.S. dollar exchange rate appreciated 0.56% and 4.72%, respectively from the rate a year earlier. As of December 31, 2015, and 2014, in contrast, the Colombian Peso depreciated 31.64% and 24.17%, respectively, from the rate a year earlier.

 

In 2017, our consolidated debt in foreign currency decreased by a total of US$2,582 million mainly as a result of prepayments of foreign currency denominated loans of US$2,400 million and amortization of foreign currency capital expenditures. In 2016, our consolidated debt in foreign currency increased by a total of US$975 million as Ecopetrol S.A. raised US$475 million through international loans and US$500 million through an international bond issuance. In 2015, our consolidated debt in foreign currency increased by a total of US$3,425 million as Ecopetrol S.A. raised US$1,925 million through an international loan and US$1,500 million through an international bond issuance. In 2014, our consolidated debt in foreign currency increased through international bond issuances by Ecopetrol S.A. and Ocensa for a total of US$3,700 million.

 

As of December 31, 20162017 our U.S. dollar-denominateddollar denominated total debt was US$15.2 billion,12,590 million, which we recognize in our financial statements at its amortized cost, which corresponds to the present value of cash flows, discounted at the effective interest rate. Out of this total, US$12 billion11,985 million relates to Ecopetrol S.A., whose functional currency is the Colombian Peso. Therefore, when the Colombian Peso depreciates against the U.S. dollar, Ecopetrol S.A. is exposed to an exchange rate loss. In contrast, when the Colombian Peso appreciates against the U.S. dollar, Ecopetrol S.A. has an exchange rate gain. Some of the Ecopetrol Group companies have the U.S. dollar as their functional currency and are not exposed to a material exchange rate risk resulting from fluctuations in the Colombian Peso against the U.S. dollar. On the asset side, when the financial statements of the Group are consolidated, the exchange rate differential of the subsidiaries’ assets and liabilities whose functional currency is the U.S. dollar is recognized directly in equity, as part of the otherOther comprehensive income.

 

The Company

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In 2015, Ecopetrol S.A. adopted hedge accounting, as part of its risk management strategy, using two types of natural hedges with its U.S. dollar debt as a financial instrument: i) a cash flow hedge for exports of crude oil and ii) a hedge of athe net investment in a foreign operation.operations. As a result of the implementation of both hedges 88%71.2% ($10.5 billion)8,532 million) of Ecopetrol S.A.’s debt in U.S. dollars, as of December 31, 2017, was designated as a hedge. With the adoption of hedge accounting, the effect of the volatility of the foreign exchange rate on the hedged portion of the debt is recognized directly in equity, as part of the otherOther comprehensive income.

 

The remaining portion of Ecopetrol S.A.’s U.S. dollar-denominated debt, as well as the financial assets and liabilities denominated in foreign currency, continues to be exposed to the fluctuation in the exchange rate, which means that an appreciation of the Colombian peso against the U.SU.S. dollar could generate a loss iffor companies whose functional currency is the Colombian peso that have an activea net position in U.S. dollars or a gain if they have a net liability position in U.S. dollars. Conversely, a depreciation of the Colombian peso against the U.S. dollar could generate a gain iffor companies whose functional currency is the Colombian peso that have a net active position in U.S. dollars or a loss if they have a net liability position in U.S. dollars.

As of December 31, 2016,2017, Ecopetrol Group companies with the Colombian peso as their functional currency have a net U.S. dollar position close to zero after the implementation of the natural hedging previously mentioned above, neutralizing the effect of exchange rate fluctuations in their results for the year. The companies with the U.S. dollar as their functional currency have a net active U.S. dollar position afterof US$1,699 million and are not exposed to a material exchange rate risk resulting from fluctuations in the instruments of natural hedging previously mentioned.Colombian peso against the U.S. dollar, as discussed above.

 

4.2.3Effects of Inflation

4.2.3       Effects of Inflation

 

Inflation in Colombia has not exceeded anThe average annual rate of 8%inflation in Colombia for the past ten years.years is 4.3%. It decreased in 20162017 as compared to 2015.2016. As measured by the general consumer price index, average annual inflation in Colombia for the years ended December 31, 2017, 2016 and 2015 and 2014; inflation was 4.09%, 5.75%, 6.77% and 3.66%6.77%, respectively. The decrease in inflation in 20162017 is mainly explained by the normalization of prices as a consequencerecovery of the endingagricultural sector given the end of the “El Niño” weather phenomenon and the slight appreciationnonoccurrence of agricultural and freight transport stoppages that occurred in 2016. The decrease in inflation is also related to the Colombian Peso againstweakness of consumer demand and the U.S. dollar inmonetary policy applied by the second half of 2016.central bank. Cost inflation in the prices of goods, raw materials, interest cost of debt in local currency indexed to inflation and services that are necessary for the development and operation of oil and gas producing assets can vary over time and between each market segment.

 

4.2.4       Effects of the Price of Oil

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4.2.4Effects of the Price of Oil

 

The average price of ICE Brent crude was US$45.154.7 per barrel in 2017 as compared to US$45.10 per barrel in 2016 as compared toand US$53.653.60 per barrel in 20152015. (See section Strategy and US$99.3 per barrel in 2014. As a consequence, our average price crude oil basket was US$35.7 per barrel in 2016 as compared to US$43.9 per barrel in 2015 and US$87.3 per barrel in 2014, which represents a decrease of US$8.2 per barrel in 2016 compared to 2015. This decrease is mainly explained by a continuing imbalance between supply and demand in the global crude market due to higher OPEC production as well as a resilient North American production. Nevertheless, theMarket Overview). In addition, Ecopetrol’s average crude oil basket price relative to ICE Brent reported a discount of US$9.46.90 in 2017, a lower discount than the US$9.40 and US$9.70 observed in 2016 stronger than the US$9.7 and US$12 observed in 2015, and 2014, respectively, due to an active commercial strategy.strategy, including seeking more valuable markets for our crude oil, and strengthening the demand for our heavy crude oil in the international market. Therefore, our average price crude oil basket was US$47.80 per barrel in 2017 as compared to US$35.70 per barrel in 2016 and US$43.90 per barrel in 2015, which represents an increase of US$12.10 per barrel in 2017 compared to 2016.

 

In theOperating Results section below, we present the impact of the price declineincrease in our revenue and cost of sales.

 

Additionally, fluctuations in the price of oil have had an impact on the value of our oil and gas reserves. TheReserves valuation of these reserves wasis made using a price in accordance with SEC price regulations. A declineVolatility in hydrocarbon prices, refining margins and reserves, as well as changes in environmental regulations may lead to the recognition of impairment or recovery of assets.

71

In 2015, in connection with the current adverse economic context faced by the hydrocarbons sector which resulted in a reduction in forecasted oil prices and an increase in market and country risk that is reflected in the discount rate, as well as a reduction in the recoverable reserves amount and refining margin, among other factors, Ecopetrol recognized an impairment of non-current assets of COP$7,864,875 million before taxes.

In 2016, in connection with our evaluation of the recoverable amount of the assets value, which includes the variation in estimations of future prices under the current scenarios of OPEC’s oil quota agreements and the impact resulting from changes on specifications issued by the International Marine Organization agreement regarding marine pollution Marpol-Marpol- on crude and fuels with high sulfur content, Ecopetrol recognized an impairment of non-current assets of COP$928,747 million before taxes.

In 2017, Ecopetrol had a COP$1,311,138 million net reversal of prior year impairments primarily as a result an improved hydrocarbon prices outlook, incorporation of new reserves. Ecopetrol’s crude an improved oil basket price discount as compared to the ICE Brent crude oil price, favorable refining margins outlook and technical operational capacity, among other factors.

For additional information about this impairment charges, and reversals, see Notes 14, 17sectionOperating Results—Consolidated Results of Operations—Impairment of non-current assets and 28Note 18 to our consolidated financial statements.

 

4.3Accounting Policies

4.3       Accounting Policies

 

Our consolidated financial statements for the years ended December 31, 2014, 2015, 2016 and 20162017 were prepared in accordance with IFRS. Our date of transition to IFRS was January 1, 2014. The detail of the accounting policies is described in Note 4 to our consolidated financial statements.

 

4.4Critical Accounting Judgments and Estimates

4.4       Critical Accounting Judgments and Estimates

 

Critical accounting policies are those policies that require us to exercise judgment or involve a higher degree of complexity in the application of the accounting policies that currently affect our financial condition and results of operations. The accounting judgments and estimates we make in these contexts require us to calculate variables and make assumptions about matters that are highly uncertain. In each case, if we had made other estimates, or if changes in the estimates occur from period to period, our financial condition and results of operations could be materially affected.

 

See Note 3 to our consolidated financial statements for a summary of the critical accounting judgments and estimates applicable to us. There are many other areas in which we use estimates about uncertain matters, but we believe the reasonably likely effect of changed or different estimates would not be material to our financial presentation.

 

4.572Operating Results

4.5       Operating Results

 

The following discussion is based on information contained in our audited consolidated financial statements and should be read in conjunction therewith.

 

4.5.1Consolidated Results of Operations

4.5.1       Consolidated Results of Operations

 

The following table sets forth components of our income statement for the years ended December 31, 2017, 2016 2015 and 2014.2015.

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Table 4445 – Consolidated Income Statement

 

Income Statement For the Years ended December 31, % Change  For the Years ended December 31,  % Change 
(Colombian Pesos in millions) 2016  2015  2014  2016/2015  2015/2014  2017  2016  2015  2017/2016  2016/2015 
Revenue  48,485,561   52,347,271   65,971,888   (7.4)  (20.7)  55,954,228   48,485,561   52,347,271   15.4   (7.4)
Cost of Sales  34,251,423   36,994,516   42,975,128   (7.4)  (13.9)
Cost of sales  36,908,325   34,251,423   36,994,516   7.8   (7.4)
Gross Profit  14,234,138   15,352,755   22,996,760   (7.3)  (33.2)  19,045,903   14,234,138   15,352,755   33.8   (7.3)
Operating Expenses  4,400,843   5,356,715   6,243,166   (17.8)  (14.2)
Operating expenses  4,185,186   4,400,843   5,356,715   (4.9)  (17.8)
Impairment of non-current assets  928,747   7,864,875   2,304,567   (88.2)  241.3   (1,311,138)  928,747   7,864,875   (241.2)  (88.2)
Operating Income  8,904,548   2,131,165   14,449,027   317.8   (85.3)  16,171,855   8,904,548   2,131,165   81.6   317.8 
Finance results, net  (1,175,367)  (7,663,104)  (3,510,669)  (84.7)  118.3   (2,495,731)  (1,175,367)  (7,663,104)  112.3   (84.7)
Share of profit of companies  61,345   (46,687)  166,070   (231.4)  (128.1)  93,538   61,345   (46,687)  52.5   (231.4)
Income before income tax  7,790,526   (5,578,626)  11,104,428   (239.6)  (150.2)  13,769,662   7,790,526   (5,578,626)  76.7   (239.6)
Income tax  (4,543,046)  (710,353)  (5,434,855)  539.5   (86.9)  (5,800,268)  (4,543,046)  (710,353)  27.7   539.5 
Net Income (loss)  3,247,480   (6,288,979)  5,669,573   (151.6)  (210.9)  7,969,394   3,247,480   (6,288,979)  145.4   (151.6)
Net Income (loss) attributable to:                    
Net income (loss) attributable to:                    
Company’s shareholders  2,447,881   (7,193,859)  5,046,517   (134.0)  (242.6)  7,178,539   2,447,881   (7,193,859)  193.3   (134.0)
Non-controlling interest  799,599   904,880   623,056   (11.6)  45.2   790,855   799,599   904,880   (1.1)  (11.6)
Net Income (loss)  3,247,480   (6,288,979)  5,669,573   (151.6)  (210.9)  7,969,394   3,247,480   (6,288,979)  145.4   (151.6)

 

4.5.1.1       Total Revenues

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4.5.1.1Total Revenues

 

Table 4546 – Third-Party Revenues by Business Segment

 

The following table sets forth our principal sources of third-party revenues by business segment for the years ended December 31, 2017, 2016 2015 and 2014.2015. An explanation of how we classify our operations into business segments is included in Section 4.5.2 below.

 

 2016  2015  2014  

% Change Sales

Revenues

  2017  2016  2015  Change Sales Revenues 

Revenue by

segment

 

Volume

(barrels

equivalent)

 

Average price

U.S. dollars/

barrels

 

Sales revenues

(Colombian Pesos

in millions)

 

Volume (barrels

equivalent)

 

Average

price

U.S.

dollars/

barrels

 

Sales revenues

(Colombian Pesos

in millions)

 

Volume (barrels

equivalent)

 

Average

price U.S.

dollars/

barrels

 

Sales revenues

(Colombian Pesos

in millions)

  2016/2015  2015/2014  Volume
(barrels
equivalent)
  Average
price U.S.
dollars/
barrels
  Sales
revenues
(Colombian
Pesos in
millions)
  Volume
(barrels
equivalent)
  Average
price
U.S.
dollars/
barrels
  Sales
revenues
(Colombian
Pesos in
millions)
  Volume
(barrels
equivalent)
  Average price
U.S.
dollars/barrels
  Sales
revenues
(Colombian
Pesos in
millions)
  2017/2016  2016/2015 
Local crude oil  5,288,631   35.0   553,666   4,904,765   38.5   491,279   8,202,886   74.7   1,213,718   12.7   (59.5)  6,629,362   46.5   909,871   5,288,631   35.0   553,666   4,904,765   38.5   491,279   64.3   12.7 
Foreign crude oil  159,311,257   35.7   17,278,579   178,581,520   44.0   21,181,265   176,233,111   87.9   30,835,510   (18.4)  (31.3)  151,619,346   47.8   21,426,666   159,311,257   35.7   17,278,579   178,581,520   44.0   21,181,265   24.0   (18.4)
Trading of crude oil  -   -   -   17,526,239      1,309,196   17,977,861      1,486,060   (100.0)  (11.9)  -   -   -   -   -   -   17,526,239   -   1,309,196   -   (100.0)
Natural gas local  27,543,046   23.6   1,988,336   30,831,442   21.8   1,845,345   30,218,758   22.3   1,346,625   7.7   37.0   26,998,537   22.8   1,815,754   27,543,046   23.6   1,988,336   30,831,442   21.8   1,845,345   (8.7)  7.7 
Foreign natural gas  931,754   20.9   58,809   2,906,034   23.6   182,950   6,726,072   31.0   423,461   (67.9)  (56.8)  618,022   17.7   32,303   931,754   20.9   58,809   2,906,034   23.6   182,950   (45.1)  (67.9)
Other income(1)  1,288,736       647,942   3,558,621      659,178   2,925,769      597,671   (1.7)  10.3   3,412,568       819,726   1,288,736       647,942   3,558,621   -   659,178   26.5   (1.7)
Exploration and production sales  194,363,424       20,527,332   238,308,621       25,669,213   242,284,457       35,903,045   (20.0)  (28.5)  189,277,835       25,004,320   194,363,424       20,527,332   238,308,621       25,669,213   21.8   (20.0)
Local refined products  106,047,637   54.9   17,771,166   102,475,029   67.1   18,806,063   94,736,264   111.2   20,952,495   (5.5)  (10.2)  106,891,163   67.2   21,187,091   106,047,637   54.9   17,771,166   102,475,029   67.1   18,806,063   19.2   (5.5)
Foreign refined products  51,843,743   40.4   6,330,648   26,357,160   48.8   3,535,666   29,762,138   92.5   5,431,828   79.1   (34.9)  38,268,394   53.2   6,005,556   51,843,743   40.4   6,330,648   26,357,160   48.8   3,535,666   (5.1)  79.1 
Foreign crude oil  341,366   53.0   52,397   -   -   -   -       -   -   - 
Other income(1)  -   -   92,210         115,137         227,881   (19.9)  (49.5)  -       98,315   -   -   92,210   -   -   115,137   6.6   (19.9)
Refining and petrochemicals  157,891,380       24,194,024   128,832,189       22,456,866   124,498,402       26,612,204   7.7   (15.6)  145,500,923       27,343,359   157,891,380       24,194,024   128,832,189       22,456,866   13.0   7.7 
Transportation services  -   -   3,764,205          4,221,192   -       3,456,639   (10.8)  22.1   -   -   3,606,549   -   -   3,764,205   -       4,221,192   (4.2)  (10.8)
Transportation and logistics  -   -   3,764,205          4,221,192   -       3,456,639   (10.8)  22.1   -   -   3,606,549   -   -   3,764,205   -       4,221,192   (4.2)  (10.8)
Total sales  352,254,804       48,485,561   367,140,810       52,347,271   366,782,859       65,971,888   (7.4)  (20.7)  334,778,758       55,954,228   352,254,804       48,485,561   367,140,810       52,347,271   15.4   (7.4)
Crude oil  164,599,888   35.7   17,832,245   201,012,524   43.9   22,981,740   202,413,858   87.3   33,535,288   (22.4)  (31.5)  158,590,074   47.8   22,388,934   164,599,888   35.7   17,832,245   201,012,524   43.9   22,981,740   25.6   (22.4)
Natural gas  28,474,800   23.5   2,047,145   33,737,476   22.0   2,028,295   36,944,830   23.9   1,770,086   0.9   14.6   27,616,559   22.7   1,848,057   28,474,800   23.5   2,047,145   33,737,476   22.0   2,028,295   (9.7)  0.9 
Refined products  159,180,116   50.1   24,101,814   132,390,810   63.4   22,341,729   127,424,171   106.8   26,384,323   7.9   (15.3)  148,572,125   62,7   28,012,373   159,180,116   50.1   24,101,814   132,390,810   63.4   22,341,729   13.2   7.9 
Other  -       4,504,357         4,995,507         4,282,191   (9.8)  16.7 
Transportations services and others  -       3,704,864   -       4,504,357   -   -   4,995,507   (3.9)  (9.8)
Total sales  352,254,804       48,485,561   367,140,810       52,347,271   366,782,859       65,971,888   (7.4)  (20.7)  334,778,758       55,954,228   352,254,804       48,485,561   367,140,810       52,347,271   15.4   (7.4)

 

 

Note:All intercompany sales transactions have been eliminated in full in order to show our sales to third parties. As a result of the evaluation of control over companies under IFRS, Ecopetrol does not consolidate Equion. As a consequence, the volume information for 2014 included in this annual report (which has been prepared under IFRS) differs from the information we previously published for 2014 under Colombian Government Entity GAAP (where we did consolidate Equion).

(1)In the case of the exploration and production segment, corresponds to services and sales of refined products (mainly LPG and asphalt) allocated to our exploration and production segment. In the case of the refining and petrochemicals segment, corresponds to industrial services.

 

 7273 

 

In 2017, total revenues increased by 15.4% as compared to 2016, primarily as a result of a COP$$10,971,709 million increase in revenues mainly due to the 33.9%, or US$12.1 per barrel increase of our average crude oil basket price and a smaller discount of Ecopetrol’s average crude oil basket price from international prices. This increase was partially offset by: (i) a COP$$1,894,819 million decrease in revenues attributable to the decrease in our sales volume and a COP$261,200 decrease in services provided by our transportations and logistics segment and (ii) the 3.35% appreciation of the Colombian Peso against the U.S. dollar, from an average exchange rate of COP$3,053.42/US$1.00 in 2016 to an average exchange rate of COP$$2,951.15 /US$1.00 in 2017, resulting in a decrease in sales revenue from exports, which represented a decrease of COP$1,347,023 million.

The decrease of our sales volume in 2017 as compared to 2016 was the result of (i) the 3.7%, or 6 mbe, decrease in our crude sales volume caused mainly by lower crude exports due to a greater allocation of domestic crudes to supply Reficar in order to replace imports, (ii) the 6.7%, or 10.7 mbe, decrease in refined products volumes due to lower exports of diesel, primarily due to: (a) our commercial strategy of focusing on allocating higher volumes to the domestic market to supply local demand and replace imports which resulted in lower cost of sales and better gross margin, (b) lower exports of fuel oil, and (c) a decrease in production at the Barrancabermeja refinery as a result of reliance on more efficient alternative sources, and (iii) the 3%, or 0.86 mbe, decrease in natural gas sales volume due to continued lower thermal demand as a result of no effect of the “El Niño” weather phenomenon that ended in the middle of 2016.

 

In 2016, total revenues decreased by 7.4% as compared to 2015, primarily as a result of: (i) a COP$6,456,917 million decrease in revenues mainly due to the 18.6%, or US$8.2 per barrel reduction of our average crude oil basket price, (ii) a COP$1,572,854 million decrease in revenues attributable to the decrease in our sales volume and lower services provided by our transportations and logistics segment. This decrease was partially offset by the 11.2% devaluation of the Colombian Peso against the U.S. dollar, from an average exchange rate of COP$2,746.47/US$1.00 in 2015 to an average exchange rate of COP$3,053.42/US$1.00 in 2016, resulting in an increase in sales revenue from exports, which represented an increase of COP$4,168,061 million.

 

The decrease of our sales volume in 2016 as compared to 2015 was the result of (a)(i) the 18.1%, or 36.4 mbe, decrease in our crude sales volume caused mainly by lower crude exports due to production decline, reduced purchases by third parties and lower availability of crude due to its use for feedstock at Reficar, and (b)(ii) the 15.6%, or 5.3 mbe, decrease in natural gas sales volume due to lower thermal demand as a result of the end of the “El Niño” weather phenomenon and the termination of our sales contract to Venezuela on June 30, 2015. This decrease in sales volume was partially offset by the 20.2%, or 26.8 mbe, increase in sales of refined products given the increase of operations at Reficar and higher demand due to the growth in the number of motor vehicles in Colombia.

 

In 2015, total revenues decreased by 20.7% as compared to 2014, primarily as a result of: (i) a COP$27,847,772 million, decrease in revenues mainly due to the 49.7%, or US$43.4 per barrel reduction4.5.1.2       Cost of our average crude oil basket price. This decrease was partially offset by (i) the 37.28% devaluation of the Colombian Peso against the U.S. dollar, from an average exchange rate of COP$2,000.68/US$1 in 2014 to an average exchange rate of COP$2,746.47/US$1 in 2015, resulting in an increase in sales revenue from exports as well as in services provided by our transportation and logistics segment, which combined represented an upturn of COP$13,312,094 million and (ii) COP$882,873 million increase in revenues which was attributable to increase our sales volume.Sales

The increase of our sales volume in 2015 as compared to 2014 was mainly the result of the 3.9%, or 4.97 mbe, increase in our refined products sales volume, which in turn was primarily the result of the 8.2% increase in local sales of refined products given higher demand caused mainly by the increase in the number of vehicles in Colombia, the higher consumption of diesel for energy generation at thermal power plants due to warmer weather caused by the El Niño climate phenomenon and supplying the border area with Venezuela due to that country’s decision to temporarily close its border with Colombia; partially offset by lower exports of fuel oil, as a result of the difficulties in transporting these products to port by means of the Rio Magdalena due to the reduced flow from this river. This increase in sales volume was partially offset by the 56.8%, or 3.8 mbe, decrease in natural gas exports due to the termination of our Venezuela sales contract on June 30, 2015 and the natural decline in production at the Guajira field.

4.5.1.2Cost of Sales

 

Our cost of sales was principally affected by the factors described below. See Note 26 Cost of sales to our consolidated financial statements for more detail.

Cost of sales in 2017 was COP$36,908,325 million, representing a COP$2,656,902 million or 7.8% increase as compared to 2016, primarily as a result of the following factors:

·A COP$1,439,366 million increase in the purchase costs of crude oil, natural gas and refined products, which were purchased for sales and, in the case of crude oil, for refining, which was primarily the result of (i) higher average purchase prices due to the COP$4,322,867 million increase in international benchmark prices for crude oil, natural gas and refined products, and (ii) increased crude oil imports required at Reficar for its operations. This increase was partially offset by (i) a COP$2,399,596 decrease in volumes purchased due to lower imports of fuels, especially diesel and gasoline, due to our strategy described above of replacing imports with products produced by Reficar, and lower diluent consumption, due to the strategy of marketing high-viscosity crudes and co-dilution with LPG, and (ii) COP$543,905 million decrease in costs in Colombian Peso terms due to the appreciation of the average exchange rate of the Colombian Peso against the U.S. dollar.

74

·A COP$ 748,051 million increase in depreciation, amortization and depletion charges due to (i) higher depreciation as a result of the beginning of operations of the Gunflint field by Ecopetrol America Inc. in August 2016, (ii) a decrease in hydrocarbon proved developed reserves in 2016 as compared to 2015, which in turn led to an increase in depreciation expenses, and (iii) the capitalization of project costs and maintenance in our transportation system.

·A COP$415,534 million increase in the cost of processing materials and operating supplies due to an increase in our operational activities.

·A COP$243,702 million increase in labor costs, which is primarily the result of: (i) no performance variable bonus payment in 2016, (ii) a 5.2% salary increase in 2017 and (iii) the payment of salaries and health services for employees of the Rubiales field for the entire year of 2017, after Ecopetrol assumed operations in July 2016.

·A COP$41,471 million decrease in other minor items.

The factors mentioned above were partially offset by a COP$231,222 million increase in inventories and an increase in unit costs associated with the increase of the Brent price of crude oils and products.

 

Cost of sales in 2016 was COP$34,251,423 million, representing a COP$2,743,093 million (7.4%)or 7.4% decrease as compared to 2015, primarily as a result of the following factors:

 

·A COP$2,043,600 million decrease in the purchase costs of crude oil, natural gas and refined products, which were purchased for sales and in the case of raw materials for refining, which was primarily the result of (i) a lower average purchase prices due to the COP$3,571,691 million decrease in international benchmark prices for crude oil, natural gas and refined products, and (ii) a COP$142,758 decrease in volumes purchased due to the positive effect of a decrease in imports by Reficar and lower products imports by the Refinery of Cartagena given its beginning of operation partially offset by greater purchases of crude oil in the international market for its supply. This decrease was partially offset by a COP$1,670,849 million increase in the average exchange rate of the Colombian Peso against the U.S. dollar (which led to increased costs in Colombian Peso terms).

 

73

·A COP$966,578 million increasedecrease in maintenance and contracted services cost, which was primarily the result of (i) a COP$630,576 million decrease in contracted services, mainly due to cost savings achieved through the implementation of our business transformation plan and the transfer of the direct operation of the Rubiales field to Ecopetrol in July 2016, ;2016; and (ii) a COP$336,002 million decrease in maintenance costs, mainly due to savings achieved from our 2016 maintenance plan which included the renegotiation of fees and the optimization of time without affecting operations.

 

·A COP$587,696 million decrease in transportation costs, which was the result of an optimization of the use of tanker trucks. This optimization included improvements in the pipeline transportation system for the transportation of heavy crude oil and consequently less use of tanker trucks, use of shorter transportation routes and renegotiation of fees for contracts.

 

The factors mentioned above were partially offset by a a)(i) COP$784,266 million increase in the amortization, depletion and depreciation of property, plant and equipment in connection with the start-up of the Reficar units and capitalization of major maintenance costs at the Barrancabermeja refinery and b)(ii) a COP$70,515 million decrease in other minor items.

 

Cost4.5.1.3       Operating Expenses before impairment of salesnon-current assets effects

Operating expenses and selling, general and administrative expenses before taking into account the impairment of non-current assets, amounted to COP$4,185,186 million in 2015 was COP$36,994,516 million, representing2017, a COP$5,980,612215,657 million (13.9%)or 4.9% decrease as compared to 2014, primarily2016, mainly as a result of the following factors:

·COP$4,900,941 million decrease in the purchase costs of crude oil, natural gas and refined products (primarily diluents, diesel and gasoline), which were purchased for sales and in the case of raw materials for refining, which was primarily the result of lower average purchase prices due to the COP$12,068,310 million decrease in international benchmark prices for crude oil, natural gas and refined products. This decrease was partially offset by (i) a COP$5,156,625 increase in the average exchange rate of the Colombian Peso against the U.S. dollar (which led to increased costs in Colombian Peso terms) and (ii) a COP$2,010,744 million increase in volumes purchased from third parties, primarily consisting of increased purchases of gasoline volumes due to the closing of the Cartagena refinery for most of the year and increased local demand in Colombia caused by an increased number of automobiles and the closure of Colombia’s border with Venezuela.

·A COP$898,407 million decrease in maintenance and contracted services cost, which was primarily the result of (i) a COP$585,705 million decrease in contracted services, mainly due to cost savings achieved through the implementation of our business transformation plan, operating cost optimizations contained in our partnership contracts for the Rubiales, Nare and Quifa fields, and lower costs related to the Cravo Norte field, in which our participation in 2015 was lower than in 2014; and (ii) a COP$312,702 million decrease in maintenance costs, mainly due to savings achieved from our 2015 maintenance plan, which included the restructuring of maintenance services and quantities and the renegotiation of fees for field maintenance contracts.

·A COP$357,835 million decrease in cost of sales, which was primarily the result from the accumulation of inventories due to the start-up of Reficar’s operations.

·A COP$94,625 million decrease in transportation costs, which was primarily the result of decreased use of tanker trucks as a result of the increased availability of pipelines due to greater operating stability and improved security conditions during 2015, which led to a decrease in attacks on our infrastructure.

·A COP$70,032 million decrease in other minor items.

The factors mentioned above were partially offset by a COP$341,228 million increase in the amortization, depletion(see Notes 27 and depreciation of property, plant and equipment, primarily as a result of higher investments in the Castilla, Chichimene, and Rubiales fields.28 to our consolidated financial statements for more detail).

 

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4.5.1.3·Operating Expenses before impairmentA COP$451,095 million increase in other income due to the acquisition of non-current assets effectsan additional 11.6% interest at the K2 field in the Gulf of Mexico, which generated a gain due to the increase in the book value of the asset above the price paid for the additional interest. This non-cash gain is the result of the fair value valuation of the interest acquired, reflecting a price increase between the date of the deal and the price outlook by the end of 2017, among other factors.

·A COP$263,034 million decrease in taxes mainly due to the reduction of the wealth tax rate from 1% in 2016 to 0.4% in 2017, which was partially offset by an increase in Hocol’s tax expenses as a result of a regulatory trial on deductible expenses.

·A COP$122,427 million increase in other income due to the sale of the following fields in 2017: Sogamoso, Río Zulia, Río de Oro and Puerto Barco, Santana, Nancy Maxine Burdine and Valdivia Almagro.

This decrease was partially offset by:

·A COP$613,350 million increase in exploratory expenses as a result of a higher seismic activity and the recognition of spending on exploratory activity mainly at the Kronos-1, Parmer-1, Warrior 2, Lunera-1, Brama-1, Molusco-1, Godric, Dumbo and Pollera wells,

·A COP$7,549 million increase in other minor items.

 

Operating expenses and selling, general and administrative expenses before taking into account the impairment of non-current assets, amounted to COP$4,400,843 million in 2016, a COP$ 955,872 million (17.8%) decrease as compared to 2015, mainly as a result of the following factors (see Notes 27 and 2928 to our consolidated financial statements for more detail).

 

·A COP$855,659 million decrease in exploratory expenses as a result of decreased seismic activity and fewer dry wells reported in the period;

 

·A COP$309,746 million decrease in commissions, fees, freights and services due to optimization achieved through the implementation of the transformation program.

 

This decrease was partially offset by:

 

·A COP$134,665 million increase in labor expenses mainly due to the implementation of a voluntary retirement plan. This plan includes benefits such as monthly income, education and health until the date on which the employees are granted their legal retirement pension.

 

·A COP$74,868 million increase in other minor items.

 

Operating expenses and selling, general and administrative expenses before taking into account the impairment of our non-current assets amounted to COP$5,356,715 million in 2015, a COP$886,451 million (14.2%) decrease as compared to 2014, mainly as a result of the following factors:

·A COP$992,045 million decrease in exploratory expenses as a result of decreased seismic activity and fewer dry wells reported in the period;

·A COP$365,786 million decrease in general expenses due to optimization in commissions fees, services and agreements achieved through the implementation of the transformation program; and

·A COP$157,433 million decrease in other minor items.

This decrease was partially offset by a COP$628,813 million increase in taxes mainly due to the wealth tax applicable for year 2015, as no accrual was made for wealth tax expenses in 2014.

Each of our operating segments bears the costs and expenses incurred for product use and marketing and each segment assumes administrative expenses and all non-operational transactions related to its activity. Discussion of operating expenses by business segment is included in the sectionFinancial Review—Operating Results—Consolidated Results of Operations—Segment Performance and Analysis.

 

4.5.1.4Impairment of non-current assets

4.5.1.4       Impairment of non-current assets

 

The impairment of our non-current assets includes expenses (recovery)(or recovery) of impairment of property, plant and equipment and natural resources, investments in companies, goodwill and goodwill.other non-current assets. The Company is exposed to certain future risks derived mainly from variations in: a)(i) oil prices b)outlook, (ii) refining margins and profitability, c)(iii) cost profile, d)(iv) investment and maintenance e)expenses, (v) amount of recoverable reserves, f)(vi) market and country risk assessments reflected onin the discount rate, g)and (vii) changes in domestic and international regulations, among others.

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Any change in the foregoing variables used to calculate the recoverable amount of a non-current asset can have a material effect on the recognition of either losses or recovery of impairment charges. For example,charges in the profit or loss statement. In our business segments highly sensitive variables can include among others: (i) in the exploration and production segment, is highly sensitive to variationvariations of the hydrocarbon prices whileoutlook; (ii) in the refining segment, is highly sensitive to changes in product prices and raw materials in the international market, thecrude oil prices, discount rate, given the leveraging, the refining margins, changes in environmental regulations, and the cost structure and the level of capital expenditures.expenditures; (iii) in the transportation and logistics segment, changes in tariffs regulation and volumes transported. (See Notes 3.2, 4.12 17 and 2818 to our consolidated financial statements for more detail). Impairment

In 2017, we had a COP$1,311,138 million net reversal of impairment of non-current assets, amountedas compared to impairment losses of COP$928,747 million in 2016 and COP$7,864,875 million in 2015 and COP$2,304,567 in 2014.2015. These impairments are ana non-cash accounting effect that doesand consequently they do not involve any disbursement or income. Further, any cumulative impairment amount of resources and they arenon-current assets is susceptible to reversion when the fair value of the asset exceeds its book value. On the contrary, in the event that the book value exceeds the fair value of the asset, an additional impairment expense could be recognized.

 

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We recognized a smallerThe partial reversal of the impairment recorded in 2016previous years is primarily the result of an improved hydrocarbon prices outlook, incorporation of new reserves, Ecopetrol’s crude oil basket price discounts as compared to 2015 mainly by the variation in estimations of future prices which includeICE Brent crude price, favorable refining margins outlook, market conditions affecting the current scenarios of oil quota agreements of OPECdiscount rate and the impact of changes in specifications issued by the Marpol (abbreviation of marine pollution) agreement on crude and fuels with high sulfur content. Additionally, thetechnical operational capacity, among other factors.

The impairment losses recognized in 2016 included the effect of operational adjustments to the variables observed during Reficar’s stabilization period and new ethanol prices affecting Bioenergy.

The impairments recognized in 2015 and 2014 were mainly due to lower estimates of the existing lowoutlook for oil prices given the oil price environment which resultedduring those years, operational variables in a reduction in forecasted crude oil pricesthe exploration and an increase inproduction and refining segments, market and country risk which had beenassessments reflected in the discount rate, as well asand a reduction in the amount of recoverable reserves. reserves, among others.

 

4.5.1.5Finance Results, Net

For more information regarding impairment by segment, see the sectionFinancial Review—Operating Results—Consolidated Results of Operations—Segment Performance and Analysis.

 

Financial4.5.1.5       Finance Results, Net

Finance results, net, mainly includes the exchange rate gains or losses, and interest expense, yields and interest from our investments and non-current liabilities financial costs (asset retirement obligation and post-benefits plan).

Finance results, net, amounted to a loss of COP$2,495,731 million in 2017 as compared to a loss of COP$1,175,367 million in 2016. This increase in loss was mainly due to:

·The negative impact (COP$970,916 million) resulting from the 0.56% appreciation of the Colombian Peso against the U.S. dollar on our U.S. dollar net asset position. In 2017 our exchange rate gain was COP$5,514 million, as compared to a gain of COP$976,430 million in 2016.

·A COP$688,664 million decrease in financial income corresponding to the reversal of a provision we had set aside in 2016 relating to a litigation concerning Santiago de las Atalayas (the “Comuneros”). See below and Note 23.3 to our consolidated financial statement for more detail.

·A COP$39,814 million increase in losses related to other minor financial items.

This increase in our financial loss was partially offset by: (i) the use of cash flow and results from our hedging operations.net investment hedge accounting, which has allowed us to neutralize, overall, the effect of the exchange rate fluctuation on 71.2% of the U.S. dollar debt of Ecopetrol S.A., since exchange rate changes are recognized under other comprehensive income within equity, (ii) the efficient allocation of debt within the companies that make up the Ecopetrol Group, thereby achieving an approximately zero net position in U.S. dollars as of December 31, 2017, and (iii) a COP$379,030 million decrease in interest expenses as a result of: (i) the use of cash surpluses to pre-pay foreign currency-denominated loans totaling US$1,925 million in June 2017 and US$475 million in December 2017 and (ii) a decrease in interest on local currency-denominated loans with a lower interest rate indexed to the Consumer Price Index (CPI) and a decrease in interest on capital payments.

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Finance results, net, amounted to a loss of COP$1,175,367 million in 2016 as compared to a loss of COP$7,663,104 million in 2015. This decrease in loss was mainly due to:

 

·The positive impact (COP$6,543,044 million) resulting from the depreciation of the Colombian Peso against the U.S. dollar on our U.S. dollar net asset position. Our 2016 exchange rate gain was COP$976,430 million, as compared to a loss of COP$5,566,614 million in 2015.

 

The adoption of cash flow hedge accounting in October 2015 and the hedging of our net investment in June 2016 has allowed us to neutralize, overall, the effect of the exchange rate fluctuation over 88% of the U.S. dollar debt of Ecopetrol S.A., since exchange rate changes are recognized under other comprehensive income within equity.

·The adoption of cash flow hedge accounting in October 2015 and the hedging of our net investment in June 2016 has allowed us to neutralize, overall, the effect of the exchange rate fluctuation over 88% of the U.S. dollar debt of Ecopetrol S.A., since exchange rate changes are recognized under other comprehensive income within equity.

 

·A COP$688,664 million increase in financial income corresponding to the reversal of a provision we had set aside relating to a litigation concerning the “Comuneros” (litigation concerning Santiago de las Atalayas (the “Comuneros”)Atalayas). In November 2016, the Ministry of Mines and Energy concluded that the amounts being held were not royalties and therefore not due to the Comuneros. The amounts belonged to Ecopetrol and therefore Ecopetrol recovered the provision it had been recognizing in its financial statements relating to this dispute. See Note 23.3 to our consolidated financial statement for more detail.

 

·A COP$107,244 million increase in the valuation of our forward hedging operations used to mitigate the volatility of the exchange rate in the cash flow required for the operations of our subsidiary Ocensa, whose functional currency is the U.S. dollar.

 

·A COP$145,191 million increase in other minor financial items.

 

This decrease in our financial loss was partially offset by a COP$996,406 million increase in interest expenses as a result of (i) the recognition of Reficar’s interest expenses which, up to 2015, had been capitalized (ii) the aggregate US$475 million international loans we entered into in February and May 2016 and the US$500 million international bond we issued in June 2016, and (iii) the negative effect the Colombian Peso had on our exchange rate on interest due on our foreign debt.

 

Finance results, net, amounted to a loss of COP$7,663,104 million in 2015 as compared to a loss of COP$3,510,669 million in 2014. This increase in loss was mainly due to:

·The negative impact (COP$3,296,421 million) resulting from the depreciation of the Colombian Peso against the U.S. dollar on our U.S. dollar net liability position. Our 2015 exchange rate loss was COP$5,566,614 million, as compared to a loss of COP$2,270,193 million in 2014.

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·A COP$1,007,362 million increase in financial expenses due to higher interest expenses as a result of the US$1,925 million international loan we entered into in February 2015 and the US$1,500 million international bond we issued in June 2015 as well as the negative effect the Colombian Peso had on our exchange rate on interest due on our foreign debt.

This increase in our financial loss was partially offset by (i) a COP$110,600 million gain resulting from the sale of shares in Empresa de Energía de Bogotá and dividends received from equity instruments and (ii) a COP$40,748 million decrease in other minor financial expenditures.

For more details on our financial income and expenses see Note 30 – Finance results, net29 to our consolidated financial statements.statements for more details.

 

4.5.1.6Income Tax

4.5.1.6       Income Tax

 

Income taxes amounted to COP$5,800,268 million in 2017, COP$4,543,046 million in 2016 and COP$710,353 million in 2015 and COP$5,434,855 in 2014.2015. The above is equivalent to an effective tax rate of 58.3%42.1%, 12.7%58.3% and 48.9%-12.7% in 2017, 2016 and 2015, respectively.

The decrease in the effective tax rate from 2016 to 2017 was mainly due to: (i) the better financial performance of the exploration and production segment, (ii) the reduction of losses at Reficar and Ecopetrol America Inc, which also resulted in lower tax rates and (iii) the reduction of the wealth tax rate from 1% in 2016 2015 and 2014, respectively.to 0.4% in 2017.

 

The increase in the effective tax rate from 2015 to 2016 was mainly due to: i)(i) lower recovery of deferred tax asset, ii)(ii) the effect of the adjustment in deferred tax resulting from the application of the Colombian tax reform described above, and iii)(iii) the recognition of the presumptive tax on subsidiaries reporting tax losses.

 

The decrease in the effective tax rate from 2014 to 2015 was mainly due to: (i) foreign exchange losses and a related adjustment for foreign currency translation, (ii) an adjustment to the tax rate of entities whose tax rate differed from that of Ecopetrol S.A. and (iii) the implementation of a nondeductible wealth tax in 2015.

See Note 10 –Taxes to our consolidated financial statements.statements for more details.

 

4.5.1.7Net Income (Loss) Attributable to Owners of Ecopetrol

4.5.1.7       Net Income (Loss) Attributable to Owners of Ecopetrol

 

As a result of the foregoing, in 2017, net income attributable to owners of Ecopetrol was COP$7,178,539 million whereas, in 2016, net income attributable to owners of Ecopetrol was COP$2,447,881 million whereas,and, in 2015, net loss attributable to owners of Ecopetrol was COP$7,193,859 million and, in 2014, net income attributable to owners of Ecopetrol was COP$5,046,517 million.

 

4.5.1.878Segment Performance and Analysis

4.5.1.8       Segment Performance and Analysis

 

In this section, including the tables below, we present our financial information by segment: Exploration and Production, Refining and Petrochemicals and Transportation and Logistics. See the sectionBusiness Overview for a description of each segment.

 

The following tables present our revenues and net income by business segment for the years ended December 31, 2017, 2016 2015 and 2014:2015:

 

Table 4647 – Revenues by Business Segment

 

 Year ended December 31,  % Change  Year ended December 31,  % Change 
 2016  2015  2014  2016/2015  2015/2014  2017  2016  2015  2017/2016  2016/2015 
 (Colombian Pesos in millions)     (Colombian Pesos in millions)      
Exploration and Production  28,221,210   31,732,611   45,155,191   (11.1)  (29.7)  36,494,934   28,221,210   31,732,611   29.3   (11.1)
Third parties  20,527,332   25,669,213   35,903,045   (20.0)  (28.5)  25,004,320   20,527,332   25,669,213   21.8   (20.0)
Local crude oil  553,666   491,279   1,213,718   12.7   (59.5)  909,871   553,666   491,279   64.3   12.7 
Foreign crude oil  17,278,579   21,181,265   30,835,510   (18.4)  (31.3)  21,426,666   17,278,579   21,181,265   24.0   (18.4)
Trading of crude oil  -   1,309,196   1,486,060   (100.0)  (11.9)  -   -   1,309,196   -   (100.0)
Natural gas local  1,988,336   1,845,345   1,346,625   7.7   37.0   1,815,754   1,988,336   1,845,345   (8.7)  7.7 
Foreign natural gas  58,809   182,950   423,461   (67.9)  (56.8)  32,303   58,809   182,950   (45.1)  (67.9)
Other income  647,942   659,178   597,671   (1.7)  10.3   819,726   647,942   659,178   26.5   (1.7)
Inter-segment net operating revenues  7,693,878   6,063,398   9,252,146   26.9   (34.5)  11,490,614   7,693,878   6,063,398   49.3   26.9 
Refining and Petrochemicals  24,823,714   23,245,676   27,172,300   6.8   (14.5)  28,644,016   24,823,714   23,245,676   15.4   6.8 
Third parties  24,194,024   22,456,866   26,612,204   7.7   (15.6)  27,343,359   24,194,024   22,456,866   13.0   7.7 
Local refined products  17,771,166   18,806,063   20,952,495   (5.5)  (10.2)  21,187,091   17,771,166   18,806,063   19.2   (5.5)
Foreign refined products  6,330,648   3,535,666   5,431,828   79.1   (34.9)  6,005,556   6,330,648   3,535,666   (5.1)  79.1 
Foreign crude oil  52,397   -   -   -   - 
Other income  92,210   115,137   227,881   (19.9)  (49.5)  98,315   92,210   115,137   6.6   (19.9)
Inter-segment net operating revenues  629,690   788,810   560,096   (20.2)  40.8   1,300,657   629,690   788,810   106.6   (20.2)
Transportation and Logistics  10,648,776   10,844,550   8,343,934   (1.8)  30.0   10,598,064   10,648,776   10,844,550   (0.5)  (1.8)
Third parties  3,764,205   4,221,192   3,456,639   (10.8)  22.1   3,606,549   3,764,205   4,221,192   (4.2)  (10.8)
Inter-segment net operating revenues  6,884,571   6,623,358   4,887,295   3.9   35.5   6,991,515   6,884,571   6,623,358   1.6   3.9 
Eliminations of consolidations  (15,208,139)  (13,475,566)  (14,699,537)  12.9   (8.3)  (19,782,786)  (15,208,139)  (13,475,566)  30.1   12.9 
Total revenues  48,485,561   52,347,271   65,971,888   (7.4)  (20.7)  55,954,228   48,485,561   52,347,271   15.4   (7.4)

 

Total revenues by segment include exports and local sales to third-parties and inter-segment sales. See the sectionFinancial Review—Operating Results—Consolidated Results of Operations—Total Revenues for prices and volumes to third parties.

 

Table 48 – Operating and Net Income by Business Segment

  Year ended December 31,  % change 
  2017  2016  2015  2017/2016  2016/2015 
  (Colombian Pesos in millions)       
Exploration and Production                    
Operating Income  8,061,484   2,912,307   (1,782,153)  177   (263)
Net income attributable to owners  3,820,501   1,322,370   (5,851,620)  189   (123)
Refining and Petrochemicals                    
Operating Income  1,362,934   (595,712)  (2,521,271)  (329)  (76)
Net income attributable to owners  358,859   (1,823,020)  (4,016,050)  (120)  (55)
Transportation and Logistics                    
Operating Income  6,748,047   6,589,251   6,444,217   2   2 
Net income attributable to owners  2,999,978   2,960,449   2,819,759   1   5 
Eliminations in consolidation                    
Operating Income  (610)  (1,298)  (9,628)  (53)  (87)
Net income attributable to owners  (799)  (11,918)  (145,948)  (93)  (92)
Ecopetrol consolidado                    
Operating Income  16,171,855   8,904,548   2,131,165   82   318 
Net income attributable to owners  7,178,539   2,447,881   (7,193,859)  193   (134)

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Table 47 – Net Income by Business Segment

  Year ended December 31,  % Change 
Net income by segment 2016  2015  2014  2016/2015  2015/2014 
  (Colombian Pesos in millions)    
Exploration and Production  1,322,370   (5,851,619)  5,089,841   (123)  (215)
Refining and Petrochemicals  (1,823,020)  (4,016,050)  (1,627,705)  (55)  147 
Transportation and Logistics  2,960,449   2,819,759   1,758,777   5   60 
Eliminations of consolidations  (11,918)  (145,949)  (174,396)  (92)  (16)
Net Income attributable to owners of Ecopetrol S.A.  2,447,881   (7,193,859)  5,046,517   (134)  (243)

4.5.1.9Exploration and Production Segment Results

In 2017, exploration and production segment sales were COP$36,494,934 million, compared to COP$28,221,210 million in 2016. In 2017, our segment sales increased by 29.3% as compared with 2016 mainly as a result of:

·Increased sales of crude oil to third parties, which increased by 21.8% in 2017 as compared to 2016 primarily due to: (i) an increase in the price of our crude oil basket of US$12.1 per barrel, (ii) an increase in local sales of crude oil (1.3 mmbls) due mainly to sales of crude oil as a result of the Bicentenario alternative transport system which mitigated the effect of the attacks on the Caño Limon-Coveñas Oil pipeline. This increase was partially offset by: (i) a decrease of 7.7 mmbls in crude oil exports due to an increase in the use of local crude oil by Reficar for its operations, (ii) the appreciation of the Colombian Peso against the U.S. dollar resulting in a decrease in sales revenue recorded in U.S. dollars and (iii) a decrease of 0.9 mmboe in sales of natural gas mainly due to the end of the El Niño phenomenon in 2017, which reduced thermal generation by gas.

·Increased inter-segment revenues, which increased by 49.3% in 2017 as compared to 2016 mainly due to sales of crude oil in order to supply Reficar.

 

In 2016,exploration and production segment sales were COP$28,221,210 million, compared to COP$31,732,611 million in 2015. In 2016, our segment sales decreased by 11.1% as compared with 2015 mainly as a result of:

 

·Lower sales of crude oil to third parties, which decreased by 20% in 2016 as compared to 2015 primarily due to: (i) a decline of 36.8 mmbls in crude oil exports and volumes available for commercialization mainly due to the decrease in the Ecopetrol Group’s production output and delivery of crude oil destined for exports to Reficar for its own operationsas feedstock (ii) a decrease in the price of our crude oil basket of US$8.2 per barrel, (iii) a decrease of 2.0 mmboe in sales of foreign natural gas mainly due to the termination of our Venezuela sales contract on June 30, 2015. Notwithstanding, the decrease in sales to third parties was partially offset by an increase in the devaluation of the Colombian Peso against the U.S. dollar and higher sales of crude oil and local natural gas, the latter resulting from an increase in the prices of the natural gas basket of US $2/barrel, which was indexed to 2015 prices and impacted by the “El Niño” weather phenomenon; and

 

·Higher inter-segment revenues, which increased by 26.9% in 2016 as compared to 2015 mainly due to sales of crude oil in order to supply the Cartagena refinery.Reficar.

 

In 2015, exploration and production segment sales were COP$31,732,611 million, compared to COP$45,155,191 million in 2014. In 2015, our segment sales decreased by 29.7 % as compared with 2014 mainly as a result of:

·Lower sales of crude oil to third parties, which decreased by 28.5% in 2015 as compared to 2014 primarily due to: (i) a decline in crude oil exports mainly due to a decrease in the price of our crude oil basket of US$43.9 per barrel, (ii) decreased local sales of crude oil mainly due to lower prices of crude oil and (iii) increased availability of our transport systems for foreign crude oil. The decrease in sales of crude oil to third parties was offset by an increase in our sales volume, particularly in respect of natural gas sales mainly due to increased demand from domestic thermal power plants as a result of the El Niño climate phenomenon, which resulted in lack of water for the hydroelectric generating plants; and

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·Lower inter-segment sales, which decreased by 34.5% mainly due to: (i) lower prices of oil and gas sold to our refining and petrochemical segment and (ii) a greater percentage of oil purchased from third parties in the mix used in the Barrancabermeja Refinery.

Cost of sales affecting our exploration and production segment is mainly related to: (i) the amortization and depletion of our production assets, (ii) contracted services in partnership contracts and (iii) the costs related to maintenance, operational services, electric power, projects and labor in the exploration and production segment. In addition, this segment’s costs are impacted by the purchases of crude oil from ANH and third parties, naphtha for dilution and by transportation services.

In 2017, the cost of sales for this segment increased by 14.5% as compared with 2016, due to the net effect of:

·Fixed costs increasing by 16.1%, or COP$1,115,851 million, in 2017 as compared to 2016, mainly due to (i) an increase in contracted services, maintenance and operating materials, which included preventative surface maintenance activities at our production facilities and well services as a strategy to mitigate natural decline rates and (ii) an increase in the costs of hydrocarbon transportation services as a result of paying for alternative routes to bypass the attacks on the Caño Limon-Coveñas oil pipeline. This increase was partially offset by a decrease in contracted services as a result of the full return of the Recetor field to Ecopetrol on May 30, 2017 and our full operation of the Rubiales field for the entire year.

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·Variable costs increasing by 13.9%, or COP$2,221,585 million, in 2017 as compared to 2016, as a result of (i) an increase of purchases of crude oil due to the increase in international benchmark prices, (ii) higher depreciation, mainly as a result of the beginning of operations of the Gunflint field by Ecopetrol America Inc. in August 2016, (iii) a decrease in hydrocarbon proved developed reserves in 2016 as compared to 2015 which led to an increase in depreciation expenses, and (iv) higher transportation costs due to the use of alternate pipelines in order to transport the crude oil despite the attacks on the Caño Limon-Coveñas oil pipeline. This increase was partially offset by: (i) lower imports of fuels, especially diesel and gasoline, due to the replacement of imports with products produced by Reficar, lower diluent consumption, due to the strategy of marketing high-viscosity crudes and co-dilution with LPG use of products by Reficar rather than the use of imported products, and (ii) the positive effect of the appreciation of the Colombian peso against the U.S. dollar on our purchases in U.S. dollar.

 

In 2016, the cost of sales for this segment decreased by 10.6% as compared with 2015, due to the net effect of:

 

·Fixed costs decreasing by 3.7%, or COP$268,558 million, in 2016 as compared to 2015, mainly due to (i) a decrease in contracted services, maintenance and operating materials as a result of the cost efficiencies achieved by the transformation plan, which involved reduction of contract fees and optimization of maintenance timing without affecting operations, and (ii) a decrease in services contracted in association with partners as a result of the return of the Rubiales and Cusiana contracts to Ecopetrol in July 2016, showing the operational capacity and efficiency of the segment. This decrease was partially offset by an increase in the costs of hydrocarbon transportation services as a result of a ship or pay contract, indexed to the U.S. dollar, between the exploration, production, transportation and logistics segments.

 

·Variable costs decreasing by 13.3%, or COP$2,467,666 million, in 2016 as compared to 2015, as a result of (i) reduction in purchases of diluent as part of our cost efficiencies, strategy and lower production of heavy crude oil, (ii) lower volumes of crude oil purchases from the ANH, third parties and other products due to the fall in international prices and lower availability of crude oil due to lower production, (iii) lower transportation costs due to the optimization of the use of tanker trucks and savings due to the increase in viscosity for the transportation of heavy crude oil through pipelines, (iv) a decrease in services contracted in association with partners as a result of the return of the Rubiales and Cusiana contracts to Ecopetrol in July 2016, and (v) capitalization of inventories as a result of higher prices on purchases of crude oil, diluent in December 2016 compared to December 2015. This decrease was partially offset by an increase of electric power costs and process materials as chemicals and catalysts used in our direct operation of the Rubiales field and the increase in the average exchange rate of the Colombian Peso against the U.S. dollar (which led to increased costs in Colombian Peso terms).

 

In 2015, the cost of sales for this segment decreased by 8% as compared with 2014, due to the net effect of:

·Fixed costs increasing by 6.2%, or COP$420,083 million, in 2015 as compared to 2014, mainly due to a COP$860,539 million increase in the costs of hydrocarbon transportation services as a result of a ship or pay contract, indexed to the U.S. dollar, between the exploration and production and transportation and logistics segments of the Bicentenario pipeline, offset by COP$440,456 million decrease in maintenance and contracted services cost as a result of the implementation of our business transformation plan.

·Variable costs decreasing by 12.5%, or COP$2,638,994 million, in 2015 as compared to 2014, as a result of (i) lower costs related to our purchases of crude oil from the ANH and third parties as well as our purchases of refined products, in each case due to a decrease in international prices, and (ii) cost savings from our renegotiation of rates in some of our contracts.

In 2016,2017, operating expenses before impairment of non-current assets increased by 7.8% in 2017 as compared to 2016, primarily as a result of (i) higher expenses related to our exploratory activity as we engaged in more seismic activity and recorded expenses related to exploratory activity at the Kronos-1, Parmer-1, Warrior 2, Lunera-1, Brama-1, Molusco-1, Godric, Dumbo and Pollera wells, (ii) the termination in 2016 of the deferred income amortization we had been recognizing since 2007 for the advance payment by the Ministry of Finance and Public Credit of the obligations under Ecogas, in relation to the Built, Operate and Transfer contracts (BOMT's) for the construction, operation, maintenance and transfer of gas pipelines. This increase was partially offset by (i) increased income due to the acquisition of an additional 11.6% interest at the K2 field in the Gulf of Mexico which generated a gain due to the increase in the book value of the asset above the value paid for the additional interest and (ii) the reduction of the wealth tax rate from 1% in 2016 to 0.4% in 2017.

In 2016, operating expenses before impairment of non-current assets decreased by 70.1% in 2016 as compared to 2015, primarily as a result of (i) lower expenses related to our exploratory activity as we engaged in less seismic activity and exploratory drilling, (ii) minor commissions, fees, freight and services as a result of the savings obtained in the implementation of our transformation plan, and (iii) a lower wealth tax. This decrease was partially offset by an increase in labor expenses due to the implementation of the voluntary retirement plan.

 

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In 2015, operating expenses beforeThe net reversal of impairment of non-current assets decreased by 23.9%recognized in 2015the exploration and production segment in 2017 totaled COP$183,718 million as compared to 2014,an impairment loss of COP$196,448 million in 2016. The net reversal of the impairment was primarily due to the increased value of offshore oil fields, partially offset by an impairment of onshore fields, both as a result of (i) lower expenses related to our exploratory activitycalculating their valuation taking into account market variables, reserves, price spreads as we engaged in less seismic activity and exploratory drilling, (ii) a decrease in commissions, fees, freight and services as a result of cost savings related to our transformation program, and (iii) the recovery of provisions for litigation relatedcompared to the payment of an electric-power-generation contribution by Ecopetrol S.A.ICE Brent price, and compensation to third parties for infringement of the free competition clause in the Garcero association contract. This increase was partially offset by an increase in the Colombian wealth tax.available technical and operational information.

 

Theimpairment losses of non-current assetsrecognized in the exploration and production segment in 2016, which totaled COP$196,448 million in 2016 as compared to COP$4,504,4974,504,495 million in 2015, decreased by 95.6% as compared to 2015 mainly due to variation in estimations of future prices which include the current scenarios of oil quota agreements of OPEC and the impact of changes on specifications issued by the Marpol (abbreviation of marine pollution)IMO (International Maritime Organization) agreement on crude and fuels with high sulfur content (See Note 17.1 to our consolidated financial statements for more detail).

The increased impairment charges for non-current assets in 2015, which totaled COP$4,504,496 million as compared to COP$965,607 million in 2014, was primarily due to the existing low oil price environment, which resulted in a reduction in forecasted crude oil prices and an increase in market and country risk, which was reflected in the discount rate, as well as a reduction in the amount of recoverable reserves. The most significant cash generation units impacted by the impairments were the following fields: in Colombia, Chichimene, Tibú, CP09, Apiay, Llanito and La Hocha and in the Gulf of Mexico, K2 and Dalmatian (see Note 17.118.1 to our consolidated financial statements for more details).

 

The segment recorded net income attributable to owners of Ecopetrol of COP$3,820,501 million in 2017 as compared to net income attributable to owners of Ecopetrol of COP$1,322,370 million in 2016 as compared toand net loss attributable to owners of Ecopetrol of COP$5,851,619 million in 2015 and net income attributable to owners of Ecopetrol of COP$5,089,841 million in 2014.2015.

 

Lifting and Production Costs

 

The aggregate average production cost, on a Colombian Peso basis, has decreasedincreased to COP$23,684 per boe during 2017 from COP$20,993 per boe during 2016 from COP$21,732 per boe during 2015, primarily due to:

·Extension of our program for reducing operating costs as well as the implementation of our transformation program. The key optimization strategies contributing to decreased production costs are:

(i)Reduction in number of services due to equipment failure, equipment reuse for electric submersible pump (ESP), less maintenance and well monitoring, renegotiation of tariffs and decrease in time to well interventions.

(ii)Less tariffs on surface maintenance, reduction of costs by adjustment in integrity strategy, change in equipment inspection periods according to condition, decrease of tariffs of administrative items and prioritization of interventions.

(iii)Decrease in energy tariffs, reduction of generation with liquid fuels (Diesel - Fuel Oil No.4), increase in efficiency through the entry of our own generation centers and increase in electrical reliability.

(iv)Lower levels of chemical applied in the process of treatment of fluids, biological treatment insurance, reduction in production, transportation and disposal of oily waste and reduction of contracting, inspection and repair through renegotiation of contracts.

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(v)A decrease in production volumes in direct and associated contracts (excluding production tests and discovery of undeveloped fields), mainly due to smaller production in the Yarigui-Cantagallo and Pauto fields of direct operation and a decrease in production volumes from fields held as part of a partnership, such as Rubiales (first half of 2016), La Cira Infantas and Chuchupa, which in turn was primarily due to the prioritization of investments for assets of fast cash return and our policy of profitable fields.

As2016. On a result of the above-mentioned factors,dollar basis, our aggregate average production cost on a Colombian Peso basis, decreasedincreased to US$8.02 per boe in 2016 as compared to 2015. On a dollar basis, it decreased to2017 from US$6.88 per boe in 2016, from US$7.92 per boe in 2015 also due partially to an 11.21% depreciationa 3.27% appreciation of the average exchange rate of the Colombian Peso against the U.S. dollar in 2016.2017.

 

The aggregate average lifting cost, on a Colombian Peso basis, has decreasedincreased to COP$22,585 per boe during 2017 from COP$19,799 per boe during 2016 from COP$20,308 per boe during 2015, primarily due to:

·Continuation of our program for reducing operating costs as well as the implementation of our transformation program. The key optimization strategies contributing to decreased production costs are:

(i)Reduction in number of services due to equipment failure, equipment reuse for electric submersible pump (ESP), less maintenance and well monitoring, renegotiation of tariffs and decrease in time to well interventions.

(ii)Less tariffs on surface maintenance, reduction of costs by adjustment in integrity strategy, change in equipment inspection periods according to condition, decrease of tariffs of administrative items and prioritization of interventions.

(iii)Decrease in energy tariffs, reduction of generation with liquid fuels (Diesel - Fuel Oil No.4), increase in efficiency through the entry of our own generation centers and increase in electrical reliability.

(iv)Lower levels of chemical applied in the process of treatment of fluids, biological treatment insurance, reduction in production, transportation and disposal of oily waste and reduction of contracting, inspection and repair through renegotiation of contracts.

·A decrease in production volumes in direct and associated contracts (excluding production tests and discovery of undeveloped fields), mainly due to smaller production in the Yarigui-Cantagallo and Pauto fields of direct operation and a decrease in production volumes from fields held as part of a partnership, such as Rubiales (first half of 2016), La Cira-Infantas and Chuchupa, which in turn was primarily due to the prioritization of investments for assets of fast cash return and our policy of profitable fields.

As a result of the above-mentioned factors, our aggregate average lifting cost, on a Colombian Peso basis, decreased in 2016 as compared to 2015.2016. On a dollar basis, it decreasedincreased to US$7.65 per boe in 2017 from US$6.49 per boe in 2016 from US$7.40 per boe in 2015 also due partially to an 11.21% depreciationthe 3.27% appreciation of the average exchange rate of the Colombian Peso against the U.S. dollar in 2016.2017.

The abovementioned increases were primarily due to:

·Higher costs at both the Rubiales and Cusiana fields due to their full return to Ecopetrol at the beginning of the third quarter of 2016;

·Higher costs at the Recetor field due to its full return to Ecopetrol on May 30, 2017;

·An increase in costs related to subsoil maintenance, which in turn was due to an increase in the number and complexity of well interventions and services, which have managed to maintain and improve the basic production curve;

·An increase in costs related to surface maintenance, which in turn was due to an increase in the number of intervened surface equipment, which has managed to maintain the operational reliability and integrity of the surface equipment in production operations;

·An increase in energy costs, which in turn was due to an increase in water production in fields, mainly in the Meta region and incorporation of assets in the Rubiales field with a higher water cut (+ 98% BSW);

·An increase in costs related to chemical treatment of fluids, which in turn was due to an increase in the volume of water production in fields under our direct and indirect operation; and

·An increase in water treatment, that increases energy consumption and fluid treatment given the utilization of injection technique for water disposal and recovery projects.

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The difference between the aggregate average lifting cost and aggregate average production cost is that lifting costs docost does not include the costs related to consumption of hydrocarbons by ushydrocarbon self-consumption required in ourthe production process or that Ecopetrol soldthe deliveries we make to our refineries and natural gas liquid plants.

 

The following table sets forth crude oil and natural gas average sales prices, the aggregate average lifting costs and aggregate average unit production cost for the years ended December 31, 2017, 2016 2015 and 2014.2015.

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Table 4849 – Crude Oil and Natural Gas Average Prices and Costs

 

 2016  2015  2014  2017  2016  2015 
Crude Oil Average Sales Price (U.S. dollars per barrel)(1)  35.7   43.9   87.3   47.8   35.7   43.9 
Crude Oil Average Sales Price (COP$ per barrel)(1)  108,337   118,115   173,769   141,175   108,337   118,115 
Natural Gas Average Sales Price (U.S. dollars per barrel equivalent)  23.5   22.0   23.9   22.7   23.5   22.0 
Natural Gas Average Sales Price (COP$ per barrel equivalent)  71,893   60,120   47,912   66,919   71,893   60,120 
Aggregate Average Unit Production Costs (U.S. dollars per boe)(2)  6.88   7.92   12.43   8.02   6.88   7.92 
Aggregate Average Unit Production Cost (COP$ per boe)(2)  20,993   21,732   24,872   23,684   20,993   21,732 
Aggregate Average Lifting Costs (U.S. dollars per boe)(3)(4)(5)  6.49   7.40   11.29   7.65   6.49   7.40 
Aggregate Average Lifting Costs (COP$ per boe)(3)(4) (5)  19,799   20,308   22,581   22,585   19,799   20,308 

 

 

(1)Corresponds to our average sales price on a consolidated basis.
(2)Unit production costs correspond to consolidated average costs on total production volumes net of royalties. Production costs do not include costs related to transport, commercialization and administrative expenses.
(3)Lifting costs per barrel are calculated based on total production (excluding production tests and discovered undeveloped fields), which are net of royalties, and correspond to our lifting costs on a consolidated basis.
(4)The cost indicator is calculated by using the cost of production (does not include costs related to hydrocarbons consumption by Ecopetrol in the production process, such as by our refineries and natural gas liquid plants) and dividing by the net produced volume (excluding royalties) as the denominator.
(5)As a result of the evaluation of control over companies under IFRS, Ecopetrol does not consolidate Savia Perú and Equion. As a consequence, the information in the table above for this annual report (which has been prepared under IFRS) differs from the information we previously published for 2014 under Colombian Government Entity GAAP (where we did consolidate Savia Perú and Equion).

 

4.5.1.10Transportation and Logistics Segment Results

4.5.1.10       Transportation and Logistics Segment Results

In 2017, our transportation and logistics segment sales were COP$10,598,064 million compared to COP$10,648,776 million in 2016. The 0.5% decrease in 2017 as compared with 2016 was mainly due to (i) a 5% decrease in the volume of crude oil transported by our pipelines, which was primarily due to the production decrease at the national level and (ii) the negative effect on our U.S. dollar-indexed transportation fees resulting from the appreciation of the Colombian Peso against the U.S. dollar. This decrease was almost offset by a 1.9% increase in the volume of refined products transported primarily due to the increase in demand for refined products in Colombia and the elimination of restrictions in the Pozos Colorados - Galán system. Sales to third parties decreased in 2017 as compared to 2016 primarily due to the fact that the segment received income from the transportation services to Frontera Energy for its participation in the Rubiales field, and once the field returned to us in July 2016, these services were recognized as inter-segment sales.

 

In 2016, ourtransportation and logistics segment sales were COP$10,648,776 million compared to COP$10,844,550 million in 2015. The 1.8% decrease in 2016 as compared with 2015 was mainly due to an 11.3% decrease in the volume of crude oil transported by our pipelines, which was primarily due to the production decrease at the national level, in spite of (i) the positive effect on our U.S. dollar-indexed transportation fees resulting from the devaluation of the Colombian Peso against the U.S. dollar and (ii) a 3.7% increase in the volume of refined products transported in the Galán-Sebastopol system to meet the demand for fuel in the country’s interiorColombia and the start-up of Reficar. Sales to third parties decreased in 2016 as compared to 2015 primarily due to the fact that the segment received income from the transportation services to Pacific Rubiales for its participation in the Rubiales field, and once the field returned to us in July 2016, these services were recognized as inter-segment sales.

 

In 2015, our transportation and logistics segment sales were COP$10,844,550 million compared to COP$8,343,934 million in 2014. This 30% increase in 2015 as compared with 2014 was mainly due to higher volume of crude oil transported by the Ocensa, Caño Limón Coveñas and Oleoducto Transandino pipelines due to the decline in the number of attacks on our infrastructure and the positive effect on our U.S. dollar-indexed transportation fees resulting from the devaluation of the Colombian Peso against the U.S. dollar.

Thecost of sales for our transportation and logistics segment is mainly related to: (i) project costs associated with the maintenance of transportation networks and (ii) operating costs related to these systems, including the costs of labor, energy, fuels and lubricants and others.

 

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The cost of sales amounted to COP$3,271,835 million in 2017 as compared to COP$3,349,791 million in 2016. The cost of sales for this segment decreased by 2.3% in 2017 as compared with 2016 mainly due to a decrease in costs associated with maintenance, operating supplies and materials due to the continuity of our efficiency program to optimize our operating costs. This decrease was partially offset by (i) an increase in material processing costs needed for power generation in three new pumping stations to operate Ocensa’s P135 project and (ii) an increase in depreciation resulting from the start of P135.

The cost of sales amounted to COP$3,349,791 million in 2016 as compared to COP$3,744,422 million in 2015. The cost of sales for this segment decreased by 10.5% in 2016 as compared with 2015 mainly due to a decrease in costs associated with maintenance, operating supplies and materials due to the continuity of our efficiency program to optimize our operating costs. This decrease was partially offset by an increase in material processing costs needed for power generation in pumping stations and an increase in depreciation due to a higher level of investments in the segment.

 

The cost of sales amounted to COP$3,744,422 million in 2015 and COP$3,941,052 million in 2014. The cost of sales for this segment decreased by 5% in 2015 as compared with 2014 mainly due to a decrease in costs associated with maintenance and operating supplies and materials. This decrease was partially offset by an increase in depreciation and amortization due to our increased investments in this segment.

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In 2016,2017, operating expenses before the impairment of non-current assets decreased by 15.1% as compared to 2016 due to lower administrative expenses mainly as a result of the consolidation of administration areas within the segment and a decrease in taxes because of the reduction of the wealth tax rate discussed previously.

In 2016, operating expenses before the impairment of non-current assets increased by 30.7% as compared to 2015 due to a recovery of environmental provisions in 2015, no similar recoveries in 2016 and an increase in labor costs as a result of the implementation of the voluntary retirement plan. This increase was partially offset by lower wealth and industry taxes.

 

In 2015, operating expenses before theThe net reversal of impairment of non-current assets decreased by 16.2%recognized in the segment in 2017, totaled COP$59,455 million in 2017 as compared to 2014an impairment recovery of COP$41,062 million in 2016. The net reversal of the impairment was due to decreased expenses relatedthe inclusion, in the assessment of the recovery amount of this segment’s assets, of flows associated with the Port of Tumaco that positively affects the recoverable amount of the southern transportation unit (See Note 18.3 to social investment and security agreements, andour consolidated financial statements for more stable operations due to a decrease in repairs of our transportation systems. This decrease was partially offset by (i) the Colombian wealth tax implemented in 2015 and, (ii) increased depreciation and amortization.detail).

 

Theimpairment recovery of non-current assets recognized in the segment in 2016 which totaled COP$41,062 million recovery in 2016 as compared to COP$81,388 million expenseloss in 2015, decreased bya decrease of 150.5% as compared to 2015 mainly bydue to the incorporation, in the assessment of the recovery amount of this segment’s assets, of flows associated to the San Fernando - Apiay system project that affects the recoverable amount of the Llanos transportation line, partially offset by an increase in impairment of assets related to the southern transportation line. (See Note 17.3 to our consolidated financial statements for more detail).

The increased impairment charges for non-current assets in 2015, which totaled COP$81,388 million as compared to a COP$1,121 million recovery of impairment in 2014 was primarily due to Colombia’s hydrocarbon production curves, based on the crude oil price environment and pipeline transportation rates (see Note 17.3 to our consolidated financial statements).

 

The segment recorded net income attributable to owners of Ecopetrol of COP$2,960,4492,999,978 million in 20162017 as compared to net income of COP$2,960,449 million in 2016 and COP$2,819,759 million in 20152015.

4.5.1.11       Refining and Petrochemicals Segment Results

In 2017, the refining and petrochemical segment sales were COP$1,758,77728,644,016 million compared to COP$24,823,714 million in 2014.2016. In 2017, sales of refined products and petrochemicals increased by 15.4% as compared with 2016, mainly due to an increase of our average products basket price due to the increase in the international prices. This increase was partially offset by (i) a decrease in exports of fuel oil primarily due to reduced production at the Barrancabermeja refinery as a result of reliance on more efficient alternative sources and stabilization of the coker unit at Reficar and (ii) a decrease in exports of diesel due to our commercial strategy of focusing on selling to the domestic market due to better commercial conditions, replacing lace imports of such products.

4.5.1.11Refining and Petrochemicals Segment Results

 

In 2016, therefining and petrochemical segment sales were COP$24,823,714 million compared to COP$23,245,676 million in 2015. In 2016, sales of refined products and petrochemicals increased by 6.8% as compared with 2015, mainly due to an increase in the volume of domestic and export sales mainly in mid-distillates due to the startup of operations at Reficar. This increase was partially offset by a decrease orof our average products basket price due to the decrease in the international price of crude oil.

 

In 2015, the refining and petrochemical segment sales were COP$23,245,676 million compared to COP$27,172,300 million in 2014. In 2015, sales of refined products and petrochemicals decreased by 14.5% as compared with 2014, mainly due to: (i) a decrease in the international price of fuels and (ii) a decrease in foreign sales volumes of fuel oil due to the low water level in the Rio Magdalena. This decrease was partially offset by (i) an increase in the volume of domestic sales due to increased local demand for fuel resulting from an increased number of vehicles and the closure of Colombia’s border with Venezuela that led to higher diesel demand and (ii) an increase in intercompany sales due to higher volumes of diluent sold to our exploration and production segment.

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Thecost of sales for our refined products and petrochemicals segment is mainly related to the purchase of crude oil and natural gas for our refineries, imported products to substitute for the loss of production due to the closure of Reficar as the new refinery was being built for most of 2014 and 2015,supply local demand, feedstock transportation services, services contracted for maintenance of the refineryrefineries and the amortization and depreciation of refining assets. Cost of sales amounted COP$26,855,395 million in 2017, compared to COP$22,843,987 million in 2016 compared toand COP$20,758,808 million in 20152015.

In 2017, the cost of sales for this segment increased 18% as compared with 2016, principally due to (i) an increase in purchases of crude oil at increased international benchmark prices and COP$25,537,228 million in 2014.(ii) higher volumes of imports of crude oil and inter-segment purchases of crude oil for Reficar. This increase was partially offset by lower imports of other fuels, especially diesel and gasoline, due to the use of products produced by Reficar rather than imported products.

 

In 2016, the cost of sales for this segment increased 10% as compared with 2015, principally due to the operation of Reficar’s units in 2016 which led to (i) an increase in crude oil purchases through import and inter-segment transactions as Reficar required a special raw material or ‘diet’feedstock during the stabilization and performance testing period which increased production cost, (ii) an increase in the depreciation of Reficar’s units (iii) inventory consumption that had been in stock in December 2015, and (iv) higher costs for services contracted, materials of process, maintenance and electrical power. This increase was partially offset by lower imports of products and the excellent operational performance of the Barrancabermeja Refinery.

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In 2015, the cost of sales for this segment decreased 18.7% as compared with 2014, principally due to lower raw material costs, which corresponded to the decrease in international oil prices and lower operating costs as a result of cost optimization at the Barrancabermeja Refinery. This decrease was partially offset by higher imports of gasoline due to increased local demand for fuel resulting from an increased number of vehicles and the closure of Colombia’s border with Venezuela.refinery.

 

In 2016,2017, operating expenses before the impairment of non-current assets decreased by 17.2% as compared to 2016, due a decrease of stabilization expenses of Reficar and a decrease in taxes because of the reduction of the wealth tax rate.

In 2016, operating expenses before the impairment of non-current assets increased by 27.3% as compared to 2015, due to an increase in labor expenses related to our voluntary retirement plan in 2016 and other expenses related to the start-up of operations at Reficar.

 

In 2015, operating expenses before theThe net reversal of impairment of non-current assets increased by 23%recognized in the segment in 2017, which totaled COP$1,067,965 million in 2017 as compared to 2014,an impairment loss of COP$773,361 million in 2016, decreased as compared to 2016 as a result of (i) a net reversal of the impairment of Reficar as a result of an improved outlook in refining margins due to higher levelsthe anticipated effects of investmentthe ratification of the International Convention for the Reficar modernization project,Prevention of Pollution from Ships (Marpol), which goes into effect in 2020, (ii) a lower discount rate resulting from the Colombian wealth tax implemented in 2015application of WACC methodology and (iii) operational and financial optimization due to the increase in other expensesstabilization of the refinery. This reversal was partially offset by Bioenergy’s impairment related to the start-upchange of operations at Reficar.the project start date, the process of stabilization of the industrial plant, the updating of operational variables and the financial expenses of the Barracabermeja refinery’s modernization project, which is currently postponed.

 

Theimpairment losses of non-current assets recognized in the segment in 2016, which totaled COP$773,361 million in 2016 as compared to COP$3,278,993 million in 2015, decreased by 76.4% as compared to 2015. The 2016 scenario incorporated the refining margins that includeincluding the effect of Marpol in 2016 compared to 2015, partially offset by the effect of adjustment of operational variables based on that observed during Reficar’s stabilization period and new ethanol prices on Bioenergy’s impairment (see(See Note 17.218.2 to our consolidated financial statements)statements for more details).

As mentioned earlier, the refining segment is highly sensitive to changes in product prices and raw materialsfeedstock in the international market, the discount rate, given the leveraging, the refining margins, changes in environmental regulations and cost structure and the level of capital expenditures.

 

The increased impairment charges for non-current assets in 2015, which totaled COP$3,278,993 million in 2015 as compared to COP$1,340,086 million in 2014 was recorded by the Cartagena Refinery due to the current low oil price environment, which resulted in a reduction in expected refining margins in the coming years, and an increase in market and country risk, which has been reflected in the discount rate (see Note 17.2 to our consolidated financial statements).

The gross margin in 2016 was 8%, compared to 10.7% in 2015. The decrease in the gross margin was explained principally by decreased operational activity during the period of stabilization and testing of Reficar.

The gross margin in 2015 was 10.7%, compared to 6% in 2014. The increase in the gross margin was explained principally by decrease in the oil price (feedstock) compared to the decrease in fuel prices (output).

The refining and petrochemicals segment recorded net income attributable to owners of Ecopetrol of COP$358,859 million in 2017, as compared to a net loss attributable to owners of Ecopetrol of COP$1,823,020 million in 2016 as compared to a net loss attributable to owners of Ecopetrol ofand COP$4,016,050 million in 2015 and COP$1,627,705 million in 2014.2015.

 

4.6Liquidity and Capital Resources

4.6       Liquidity and Capital Resources

 

Our principal sourcessource of liquidity in 2016 were2017 was cash flows from our operations amounting to COP$14,232,940 million, and cash flows from financing activities, mainly from the proceeds of our net movement of indebtedness, which totaled COP$ 1,444,72316,973,626 million.

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Our principal uses of cash in 20162017 were (i) COP$5,837,47711,259,492 million in debt payments through the pre-payment of foreign currency-denominated loans totaling US$1,925 million in June 2017 and US$475 million in December 2017, (ii) COP$$5,965,556 million in capital expenditures, which included investments in property, plant and equipment and natural and environmental resources, and (ii) COP$5,446,507 in investment of liquidity surpluses in portfolios, (iii) dividend payments for the fiscal year 20152016 amounting to COP$1,712,2981,504,647 million, which included the last installment ofincludes dividends to the majority shareholder relating to fiscal year 20142016 for COP$690,177945,661 million and the payment of dividends to non-controlling interest in 20162017 for COP$1,022,121558,986 million.

 

On January 29, 2016, we entered into an international credit agreement for an aggregate amount of US$175 million with The Bank of Tokyo-Mitsubishi UFJ, Ltd. The credit agreement has a term of five years, repayable with a 2.5 year grace period on principalFor more information regarding our debt, see the sectionFinancial ReviewFinancial Indebtedness and interest, payable semi-annually at a rate of Libor plus 145 basis points.Other Contractual Obligations.

 

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On February 23, 2016, we entered into a bilateral commercial loan agreement with Bancolombia S.A. for COP$990 billion (approximately US$330 million at the representative exchange rate4.6.1       Review of as of December 31, 2016). This loan agreement had a term of 8 years and a 2-year grace period on principal, with interest payable semiannually at a rate of DTF TA plus 560 basis points. Ecopetrol prepaid this loan in full with excess liquidity in October 2016.Cash Flows

 

On May 16, 2016, we entered into a bilateral commercial loan agreement with Export Development Canada, an export promotion agency of the Canadian Government for US$ 300 million. This loan agreement has a term of five years, with interest payable semi-annually at rate of six-month Libor + 140 basis points.

On June, 2016, we issued US$500 million (COP$1,500 billion according to the COP$/US$ exchange rate as of December 31, 2016) aggregate principal amount of our SEC-registered 5.875% notes due 2023. The notes were listed on the NYSE.

4.6.1Review of Cash Flows

Cash from operating activities

Net cash provided by operating activities increased by 19.3% in 2017 as compared to 2016, mainly as a result of (i) a 32.7% increase in our operational income before depreciation, depletion and amortization (DD&A) and impairment of non-current assets and efficiency gains and cost-savings generated by our corporate strategy. This increase was partially offset by (i) higher working capital needs mainly due to increase in accounts receivable from the FEPC and commercial receivables accounts and (ii) an increase in our costs due to the effect of recovery in international crude oil prices on our purchases and an increase in maintenance activities, contracted services and operating supply needs associated with an increase in our operational activities.

 

Net cash provided by operating activities increased by 21.9% in 2016 as compared to 2015, mainly as a result of (i) lower working capital needs mainly due to the higher oil prices observed at the end of 2016 versus the end of 2015, (ii) a 4% increase in our operational income before depreciation, depletion and amortization (DD&A) and impairment of non-current assets resulting from a decrease in our costs and operational expenses (before DD&A and impairment) due to our savings generated by the transformation plan. This increase was partially offset by (i) the decrease in international prices of crude oil during 2016, and (ii) an increase in income tax paid by the transportation and logistics segment due to the better results in 2015.

 

NetCash used in investing activities

In 2017, net cash provided by operatingused in investing activities decreased by 35.6% in 201553.3% as compared to 2014,2016, mainly as a result of: (i)of a 33.2%110.4% decrease in our gross income resulting from the decreaseinvestment portfolios as a result of pre-payments of foreign currency-denominated loans totaling US$2,400 million in international prices of crude oil during 2015 and (ii) higher operating expenses due to the Colombian wealth tax implemented and paid in 2015.2017. This decrease was partially offset by (i) cash proceeds from the sale of our shares in Empresa de Energía decreasede Bogotá, which totaled COP$56,930 million in income tax paid due to the decreaseaggregate and (ii) a 4.6% increase in investments in capital expenditures, which was driven mainly by the reactivation of activity in our income before tax forCastilla and Rubiales fields, the yeardevelopment of improved recovery projects in fields such as La Cira and lower working capital needs due to a decreaseChichimene, and an increase in inventories, trade receivables and accounts payable.

Cash used in investing activitiesexploration activities.

 

In 2016, net cash used in investing activities decreased by 26.8% as compared to 2015, mainly as a result of: (i) a 62.4% decreased investmentsinvestment in capital expenditures due to the effect of decreasing oil prices and the endconclusion of the Reficar modernization project, and (ii) additional cash proceeds from the sale of our investments in Empresa de Energía de Bogotá and InterconexionInterconexión Electrica S.A,S.A., which totaled COP$966,715 million in the aggregate. This decrease was partially offset by increased investments of our excess liquidity in our investment portfolios, which in turn resulted from the savings we achieved and the recovery of the price of oil during the second half of 2016.

 

In 2015, netCash used in financing activities

Net cash used in investingfinancing activities decreasedincreased by 2.4%362% in 2017, as compared to 2014, mainly as a result of:2016, due to (i) a decreaseprepayments of foreign currency-denominated loans totaling US$2,400 million and (ii) an increase in the amount of dividends we received from associates and joint ventures companies (ii) slightly larger investments in capital expenditures, mainly relatingpayments to the Reficar modernization project and our drilling campaigns, primarilyshareholders of Ecopetrol of COP$255,484 million in the Castilla, Chichimene and Rubiales fields, and (iii) a lower net cash contribution from purchase and sale of fixed income investments. This decrease2017 as compared to 2016, which was partially offset by cash proceeds from the salea COP$463,135 million decrease in dividend payments made by certain of our investment in Empresa de Energia de Bogotá, which totaled COP$613,998 million.subsidiaries to their non-controlling shareholders.

 

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Cash used in financing activities

 

Net cash used in financing activities increased by 98.5% in 2016, as compared to 2015, due to a decrease in cash from borrowings of COP$5,151,937 million which was partially offset by a decrease in dividends payments of COP$3,781,099 million in 2016 as compared to 2015.

 

Net cash used in financing activities decreased by 81% in 2015, as compared to 2014, due to a COP$7,023,166 million decrease in dividend payments, which was partially offset by an increase in borrowing and interest payments of COP$1,069,146 million in 2015 as compared to 2014, which in turn was due to the US$1,925 million international loan we entered into in February 2015 and the US$1,500 million international bond we issued in June 2015.4.6.2       Capital Expenditures

4.6.2Capital Expenditures

 

Our consolidated capital expenditures in 2017, 2016 2015 and 20142015 were COP$5.8 trillion,6,107,506 million, COP$15.5 trillion5,837,477 million and COP$15.6 trillion,15,517,949 million, respectively. These investments were distributed by business segment on average, for the past three years as follows: 61.2%64.9% for the exploration and production segment, 22.1%17.4% for refining and petrochemicals and 16.7%17.7% for the transportation and logistics segment. See Note 34.1.233.3 to our consolidated financial statements for more detail about capital expenditures by segment.

 

Our investment plan approved for 2017 totals2018 is a range of between US$3,500 million and US$4,000 million. The investments will be distributed approximately as follows: 81%85% for exploration and production, 10%14% for refining, and petrochemicals, 8% forand transportation and logistics, and 1% for other investments.

 

The resources required for the investment plan will be funded through internal cash generation with no need to raise additional net financing.

 

4.6.3Dividends

4.6.3       Dividends

In 2017, we paid dividends of COP$945,661 million to Ecopetrol’s shareholders, including the Nation, and dividends paid to non-controlling shareholders of our subsidiaries totaling COP$558,986 million.

 

In 2016, we paid the last installment of dividends relating to our2014 net income to the Nation offor COP$690,177 million and our transportation and logistics’logistics subsidiaries paid dividends to their non-controlling shareholdershareholders for COP$1,022,121 million. Given the net loss we reported in 2015, our shareholders at the ordinary general shareholder’s meeting did not approve distribution of dividends for 2015.

 

On March 31, 2017,23, 2018, our shareholders at the ordinary general shareholders’ meetingGeneral Shareholders Assembly approved a distribution of dividends for the fiscal year ended December 31, 20162017 amounting to COP$945,6843,659,386 million, or COP$2389 per share, based on the number of outstanding shares as of December 31, 2016.2017. The dividend payment was paidapproved to be made in one installment for the minority shareholders of Ecopetrol on April 28, 2017.19, 2018 and two installments for the Nation, the first paid on April, 19 2018 and the second installment to be paid on September, 17 2018.

 

4.7Summary of Differences between Internal Reporting (Colombian IFRS and IFRS)

4.7       Summary of Differences between Internal Reporting (Colombian IFRS and IFRS)

 

We prepare our interim and annual statutory financial information in accordance with our internal reporting policies, which follow Colombian IFRS and differ in certain significant aspects from IFRS. The following table sets forth our consolidated net income and equity for years ended December 31, 2017, 2016 2015 and 2014,2015, in accordance with Colombian IFRS and IFRS:

 

Table 4950 – Consolidated Net Income and Equity

 

 For the year ended December 31,     For the year ended December 31,      
 (Colombian Pesos in millions)  % Change  (Colombian Pesos in millions)  % Change 
 2016  2015  2014  2016/2015  2015/2014  2017  2016  2015  2017/2016  2016/2015 
Net income attributable to owners of Ecopetrol (IFRS)  2,447,881   (7,193,859)  5,046,517   (134.0)  (242.6)  7,178,539   2,447,881   (7,193,859)  193.3   (134.0)
Cash flow hedge for future company exports  (494,604)  2,140,553      (123.1)  N/A   (366,048)  (494,604)  2,140,553   (26.0)  (123.1)
Exchange rate effects on tax bases – Deferred tax  (388,568)  1,065,580   678,983   (136.5)  56.9   (192,079)  (388,568)  1,065,580   (50.6)  (136.5)
Net income Attributable to owners of Ecopetrol (Colombian IFRS)  1,564,709   (3,987,726)  5,725,500   (139.2)  (169.6)  6,620,412   1,564,709   (3,987,726)  323.1   (139.2)
Net Equity (IFRS)  43,560,501   43,100,963   48,534,228   1.1   (11.2)  48,215,698   43,560,501   43,100,963   10.7   1.1 
Cash flow hedge for future company exports  (39,803)  (74,259)     (46.4)  N/A   (29,258)  (39,803)  (74,259)  (26.5)  (46.4)
Exchange rate effects on tax bases – Deferred tax  1,799,020   2,205,064   998,440   (18.4)  120.9   1,594,865   1,799,020   2,205,064   (11.3)  (18.4)
Net Equity (Colombian IFRS)  45,319,718   45,231,768   49,532,668   0.2   (8.7)  49,781,305   45,319,718   45,231,768   9.8  0.2 

 

 8687 

 

 

As noted above, certain differences exist between our net income and equity as determined in accordance with our internal reporting policies, which follow Colombian IFRS, which are used for management reporting purposes, as presented in the business segment information, and our net income and equity as determined under IFRS, as presented in our consolidated financial statements.

 

The primary differences between Colombian IFRS and IFRS as they apply to our results of operations are summarized below:

 

·Cash flow hedge for future company exports.  In September 2015, in order to hedge the effect of exchange rate volatility on Ecopetrol’s foreign currency debt, Ecopetrol’s Board of Directors approved a cash flow hedge for future crude oil exports. According to IAS 39 – Financial Instruments, Ecopetrol implemented this hedge beginning on October 1, 2015, the date on which it formally completed the related hedging documentation.

Cash flow hedge for future company exports. In September 2015, in order to hedge the effect of exchange rate volatility on Ecopetrol’s foreign currency debt, Ecopetrol’s Board of Directors approved a cash flow hedge for future crude oil exports. According to IAS 39 – Financial Instruments, Ecopetrol implemented this hedge beginning on October 1, 2015, the date on which it formally completed the related hedging documentation.

 

Under Colombian IFRS, theContaduria General de la NaciónAccounting Office of the Nation (CGN for its acronym in Spanish) issued Resolution 509, which allows companies to apply hedge accounting for non-derivative financial instruments from any date within the transition period or the first period of application of International Accounting Standards in Colombia, even if such company has not yet formally documented the hedging relationship, the objective or the risk management strategy. Under these rules, Ecopetrol applied cash flow hedge accounting from January 1, 2015 in its financial statements under Colombian IFRS.

 

As a result of this accounting policy differences,difference, for the year ended December 31, 2016,2017, our net income as reported under IFRS was COP$494,604366,048 million higher than our net income as reported under Colombian IFRS.

 

·Exchange rate effects on tax bases – Deferred tax. According to IAS 12.41, companies with a U.S. dollar functional currency and profit or tax loss in Colombian Pesos are required to recognize deferred taxes attributable to the difference between the carrying amounts of non-monetary assets in their financial statements and their respective tax bases converted from Colombian Pesos to U.S. dollars using the exchange rate on the closing date. The effect of the temporary difference is charged to profit and losses without a cash outflow expected in the future. Under local accounting principles, the result attributable to the aforementioned difference in accounting policies does not generate deferred taxes at December 31, 2016.

Exchange rate effects on tax bases – Deferred tax. According to IAS 12.41, companies with a U.S. dollar functional currency and profit or tax loss in Colombian Pesos are required to recognize deferred taxes attributable to the difference between the carrying amounts of non-monetary assets in their financial statements and their respective tax bases converted from Colombian Pesos to U.S. dollars using the exchange rate on the closing date. The effect of the temporary difference is charged to profit and losses without a cash outflow expected in the future. Under local accounting principles (The General Accounting Office opinion No. 20162000000781 dated January 18, 2016), the result attributable to the aforementioned difference in accounting policies does not generate deferred taxes at December 31, 2017.

 

Ecopetrol’s functional currency is the Colombian Peso and it consolidates some subsidiaries whose functional currency is the U.S. dollar but who settled their taxes in Colombian Pesos. As a result of the application of paragraph 41 – IAS 12, such subsidiaries are required to calculate deferred taxes under IFRS.

 

As a result of this accounting policy difference, for the year ended December 31, 2016,2017, our net income attributable to owners of Ecopetrol as reported under IFRS was COP$388,568192,079 million higher than our net income attributable to owners of Ecopetrol as reported under Colombian IFRS.

 

87

The application of IAS12.41 also generated adjustments to our goodwill and investments in companies impairments of COP$61,893 million in 2017, COP$86,781 million in 2016 and COP$418,872 million in 2015 in connection with our purchase of subsidiaries whose functional currency is the U.S. dollar as well as adjustments to our revenue from the equity method of COP$60,748 million in 2017, COP$71,056 million in 2016 and COP$81,808 million in 2015 in connection with our associates and joint ventures whose functional currency is the U.S. dollar.

 

As a result of these accounting policy differences described above, for the year ended December 31, 2016,2017, we reported net income attributable to the owners of Ecopetrol under IFRS of COP$7,148,539 million as opposed to a net income attributable to the owners of Ecopetrol of COP$6,620,412 million reported under Colombian IFRS for the same period. For the year ended December 31, 2016, these same accounting differences led us to report net income attributable to the owners of Ecopetrol under IFRS of COP$2,447,881 million as opposed to a net income attributable to the owners of Ecopetrol of COP$1,564,709 million reported under Colombian IFRS for the same period. For the year ended December 31, 2015, these same accounting differences led us to report a net loss under IFRS of COP$7,193,859 million as opposed to a net loss of a COP$3,987,726 million reported under Colombian IFRS for the same period.

 

4.888Financial Indebtedness and Other Contractual Obligations

4.8       Financial Indebtedness and Other Contractual Obligations

 

As of December 31, 2016,2017, we had outstanding consolidated indebtedness of COP$52.243.5 trillion, which corresponded primarily to the following long-term transactions:

 

Table 5051 – Consolidated Financial Indebtedness

 

Company Type Initial Date Original
Amount
 Maturity Interest
Rate
  Amortization
Ecopetrol S.A. Bonds July 23, 2009 US$1,500 million July 23, 2019  7.625% Bullet
    September 18, 2013 US$350 million September 18, 2018  4.250% Bullet
    September 18, 2013 US$1,300 million September 18, 2023  5.875% Bullet
    September 18, 2013 US$850 million September 18, 2043  7.375% Bullet
    May 28, 2014 US$2,000 million May 28, 2045  5.875% Bullet
    September 16, 2014 US$1,200 million January 16, 2025  4.125% Bullet
    June 26, 2015 US$1,500 million June 26, 2026  5.375% Bullet
    June 15, 2016 US$500 million* September 18, 2023  5.875% Bullet
    December 1, 2010 COP$138,700 millionDecember 1, 2017FloatingBullet
December 1, 2010COP$479,900 million December 1, 2020  Floating  Bullet
    December 1, 2010 COP$284,300 million December 1, 2040  Floating  Bullet
    August 27, 2013 COP$120,950 million August 27, 2018  Floating  Bullet
    August 27, 2013 COP$168,600 million August 27, 2023  Floating  Bullet
    August 27, 2013 COP$347,500 million August 27, 2028  Floating  Bullet
    August 27, 2013 COP$262,950 million August 27, 2043  Floating  Bullet
  Bank Loans* May 27, 2013 COP$1,839 billion** May 24, 2025  Floating  Semi-annual
    February 12, 2015December 30,2011*** US$1,925440 million February 12, 2020FloatingBullet
January 29, 2016US$175 millionFebruary 11, 2021December 20, 2025  Floating  Semi-annual
  ECAs March 22, 2013 US$245 million July 25, 2023  Floating  Semi-annual
    March 22, 2013 US$151 million July 6, 2019  Floating  Semi-annual
    May 16, 2016December 30, 2011*** US$300 millionMay 24, 2021FloatingBullet
ReficarProject FinanceDecember 30, 2011US$3,4972,650 million December 20, 2027  FixedSemi-annual
December 30, 2011***US$100 millionDecember 20, 2027Floating / Semi-annual
December 30, 2011***US$97 millionDecember 20, 2027FixedSemi-annual
December 30, 2011***US$210 millionDecember 20, 2027Floating  Semi-annual
Ocensa Bond May 7, 2014 US$500 million May 7, 2021  4.000% Bullet
Oleoducto Bicentenario Bank Loan July 5, 2012 COP$2,100 billion** July 5, 2024  Floating  Quarterly
ODL Bank Loan* August 1, 2013 COP$800,000 million** August 1, 2020  Floating  Quarterly

 

 

* Reopening of bond due to 2023.

** Bank loans refinanced from their original conditions.

*** Debt obtained by Reficar for the Refinery modernization voluntarily assumed by Ecopetrol.

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The long term debt transactions executed in 2016 werebalance for the end of 2017 is explained as follows:

 

·On January 29, 2016,June 30, 2017, Ecopetrol S.A. entered into anrepaid in advance its entire syndicated bank loan contracted with international credit agreementbanks in an aggregate amount2015. The loan had a nominal value of US$175 1,925 million with The Bank of Tokyo-Mitsubishi UFJ, Ltd. The credit agreement has a term of five years and a 2.5 year grace periodwhich was originally due on principal, with interest payable semi-annually at a rate of Libor plus 145 basis points.February 2020.

 

·On February 23, 2016,August 14, 2017, Ecopetrol S.A. entered intosigned a bilateral commercial loan agreementcommitted line with Bancolombia S.A. in an aggregate amount ofa local bank for COP$990 billion (approximately US$330 million atas a contingent financing mechanism. This facility has 2 year availability period, a maturity of 10 years from the representative exchange rate asdate of December 31, 2016). This loan agreement had a term of 8the first disbursement, 2 years and a 2-year grace period on principal, withcapital, an interest payable semiannually at a rate of DTF TA plus 560IBR + 300 basis points. Aspoints and a commitment fee of 7.2 basis points annually on the date of this annual report, this loan has been prepaid in full.

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·On May 16, 2016, Ecopetrol S.A. entered into a bilateral loan agreement with Export Development Canada (EDC), an agency forundisbursed amount during the promotion of exports of the Government of Canada, in an aggregate amount of US$300 million. This loan agreement has a term of 5 years with principal due at maturity and interest payable semiannually at a rate of LIBOR plus 140 basis points.availability period.

 

·On June 15, 2016,December 13, 2017, Ecopetrol S.A reopened its SEC-registered 5.875% Notes due 2023voluntarily assumed Reficar´s debt obtained for the refinery modernization (approximately US$2,666 million in an aggregate amount of US$500 million (COP$1,500 billion according to the COP$/US$ exchange rate as of December 31, 2016)nominal terms plus accrued interest). The notes were listeddebt assumption was under the same financial conditions that Reficar originally had. This transaction had no effect on the NYSE.Ecopetrol´s consolidated debt level.

 

·On November 16, 2016, the Financial SuperintendenceDecember 15, 2017, Ecopetrol repaid in advance its loans with The Bank of Colombia authorized Ecopetrol’s Bond IssuanceTokyo-Mitsubishi UFJ, Ltd. and Allocation Programme renewalExport Development Canada, with nominal values of US$175 million and US$300 million, respectively. The original due date for three additional years, up until November 10, 2019. Thus far, Ecopetrol has issued under the Programme COP$ 900 billion. The Programme has a remaining amount of up to COP$2,100 billion and no modifications were made during the renewal process.those facilities was 2021.

·Ecopetrol did not disburse any long-term debt in 2017.

On April 13, 2018, Ecopetrol redeemed all of its outstanding 4.250% notes due September 18, 2018 in an aggregate principal amount of US$350 million. The notes were issued in September 2013.

 

Contractual Obligations

 

We enter into various commitments and contractual obligations that may require future cash payments. The following table summarizes our contractual obligations as of December 31, 2016.2017.

 

Table 5152 – Our Contractual Obligations

 

COP$ in millions Payments due by period  Payments due by period 
Contractual obligations Total  

Less than 1

year

  1 to 3 years  3 to 5 years  

More than 5

years

  Total  Less than 1
year
  1 to 3 years  3 to 5 years  More than 5
years
 
Employee Benefit Plan  26,365,279.0   1,125,105.0   2,322,451.0   2,420,570.0   20,497,153.0   28,005,753   1,254,613   2,489,826   2,598,517   21,662,797 
Contract Service Obligations  5,991,167.1   2,378,785.4   2,407,447.8   429,061.3   775,872.7   5,306,166   2,374,015   1,586,881   427,820   917,450 
Operating Lease Obligations  652,681.2   190,875.0   157,100.1   118,815.1   185,891.0   252,178   198,456   53,722   0   0 
Natural Gas Supply Agreements  2,107,163.5   229,202.5   495,130.2   395,420.0   987,410.9   2,413,949   255,394   558,876   359,997   1,239,681 
Purchase Obligations  1,318,087.2   624,323.3   571,858.9   74,385.0   47,520.0   2,949,525   607,012   2,302,193   -   40,320 
Energy Supply Agreements  795,408.8   97,418.0   155,820.8   121,267.0   420,902.9   694,965   146,648   185,221   57,502   305,594 
Capital Expenditures  621,571.7   423,021.94   169,321.7   29,228.1   -   885,000   679,966   198,099   6,935   - 
Build, Operate, Maintain and Transfer Contracts (BOMT)  576,758.8   65,155.9   114,724.0   113,351.5   283,527.4   687,721   80,105   119,422   124,594   363,601 
Capital (Finance) Lease Obligations  381,838.6   254.1   23,649.2   40,011.2   317,924.1   581,810   25,762   84,375   92,768   378,905 
Financial Sector Debt  20,162,033.8   1,333,129.9   3,181,732.0   9,712,744.3   5,934,427.7   10,553,695   1,357,133   2,808,557   2,479,877   3,908,127 
Bonds  30,909,787.0   138,700.0   5,672,263.5   1,980,255.0   23,118,568.5   27,433,741   1,105,598   4,747,385   1,367,000   20,213,757 
Total  89,881,776.78   6,605,971.01   15,271,499.17   15,435,108.32   52,569,198.28   79,764,503   8,084,702   15,134,557   7,515,010   49,030,232 

 

The table does not include the contractual obligations of Equion, Savia and Ecodiesel, which do not consolidate within the Ecopetrol’s Group.

 

4.9Off Balance Sheet Arrangements

4.9       Off Balance Sheet Arrangements

 

As of December 31, 2016,2017, we did not have off-balance sheet arrangements of the type that is required to be disclosed under Item 5.E of Form 20-F.

 

4.1090

4.10       Trend Analysis and Sensitivity Analysis

Trend Analysis

 

Trend Analysis

Ongoing Trends

 

Ecopetrol updated its 2020 Business Plan on September 29, 2016. This Plan is based on three fundamental pillars: i) protection of cash and cost efficiency; ii) strict capital discipline; and iii) growth in reserves and production; these pillars will strengthen the Company’s financial sustainability and afford it opportunities for both organic and inorganic growth, generating value and profitability for its shareholders.

 

89

According to this business plan, during 20172018 the Company will continue to pursue its transformation to ensure operational and financial sustainability. Ecopetrol has named Phase 3.0 of the business Transformation plan “Ecopetrol’s New Frontier”. It will focus on opening up new markets; multi-year fields development plans; improved return on assets; attracting and retaining the best human talent; committing ourselves to integrity, safe operations, environment consciousness and joint prosperity with communities in which we operate and execute projects.

 

We believe that our strategy of diversifying our export destinations and sales under term contracts with fixed discounts to reference prices will help to mitigate the impact of the current crude oversupply over the spread of our export basket. We forecast a discount between US$9 and US$10 per barrel compared to ICE Brent crude in 2017.

 

Furthermore, with the full operation of all of the units of Reficar since 2016 and shifting from stabilization to optimization, Ecopetrol’s trade balance is expected to continue improving due to the reduction of gasoline imports and incremental exports of fuels. Reficar’s fuels production is expected to continue being allocated primarily in the domestic market, with a surplus to be exported.

 

Adding profitable reserves and maintaining the pace of production are the Company’s focus.priorities. The exploration campaign will be focused in regions of high prospectivity.with strong prospects. Investment in exploration will rise frombe approximately US$ 282400-US$450 million, allocated mainly to US$ 650 million, thus increasing offshore wells from one to sixthe evaluation and onshore wells from five to 11 from 2016 to 2017. Enhanced recovery will continue to leverage additional reserves in mature fields.appraisal of discoveries and ongoing exploration efforts of Ecopetrol S.A., Hocol, Ecopetrol America Inc., Ecopetrol Mexico, Ecopetrol Costa Afuera and Ecopetrol Brazil.

 

We stress that a strong cash position allows us to assess opportunities for inorganic growth of Ecopetrol ‘sEcopetrol’s reserves.

 

The Company expects to continue the divestment program and expects to receive during 2017 between US$500 and US$1,000 million. The Company is in the process of carrying out the sale of non-strategic assets and shareholdings, such as Propilco, its remaining shares in Empresa de Energía de Bogota and minor production fields.Sensitivity Analysis

 

In order to preserve its investment grade ratings, the Company seeks to maintain financial sustainability and adequate levels of indebtedness. In 2016 international bonds were issued totaling US$ 500 million and commercial loans were entered into totaling US$ 475 million. Going forward, and according with the assumptions of the business plan, the Company does not foresee the issuance of new debt or short-term financing.

The Company will continue monitoring oil price scenarios to make the proper decisions and take preventive actions to ensure financial sustainability in 2017 such as: prioritization of investments associated with regulatory commitments and project completion, temporary closing of producing assets with negative margins, redefining and prioritizing maintenance activities and additional austerity measures related to administrative expenses, sponsorships and labor recruitment.

Sensitivity Analysis

Sensitivity Analysis of Reserves

 

The following table provides information about the sensitivity analysis conducted on our oil and gas reserves as of December 31, 2016,2017, taking into account ICE Brent crude oil prices that reasonably reflect management’s view of crude oil prices given prevailing market conditions.

 

Table 5253 – Sensitivity Analysis of Reserves

 

 

Oil and NGL

(million barrels)

  Natural Gas (bcf)  Total Oil
and Gas (Mmboe)
  Oil and NGL
(million barrels)
 Natural Gas
(bcf)
 Total Oil and
Gas (Mmboe)
 
Reserves as of December 31, 2016  1,033   3,218   1,598 
Reserves as of December 31, 2017  1,088   3,253   1,659 
Sensitivity Scenario  1,182   3,252   1,752   1,143   3,267   1,716 
Difference (million barrels)  149   34   154   55   14   57 
Difference (%)  14.4   1   9.6   5.1%  0.4%  3.4%

 

 

The conversion rate used is 5,700 cf = 1 boe.

 

 9091 

 

 

Assumptions for the Sensitivity Analysis of Reserves

 

·The sensitivity of the ICE Brent price index is forecasted to average US$55 per barrel in 2017,2018, US$60 per barrel in 2018,2019, US$65 per barrel in 2019,2020, US$70 per barrel in 20202021 and US$75 per barrel onwards.

 

·The base scenario on which our sensitivity analysis is made corresponds to our oil, NGL and natural gas reserves, as of December 31, 2016,2017, as presented elsewhere in this annual report.

 

·Other variables such as the operating costs, capital costs and portfolio price were not varied for purposes of the analysis.

 

Sensitivity Analysis of our Results

 

The following table provides information about the sensitivity of our results as of December 31, 2016,2017, due to variations of US$1 in the price of ICE Brent crude and of 1% in the COP$/US$ exchange rate.

 

Table 5354 – Results of Reserves’ Sensitivity Analysis

 

 Income
Statement 2016
  

Income

Statement Case

ICE Brent(1)
+ US$1

 

Difference

Between

Real 2016

and Case

ICE Brent

 

Income

Statement

Case

TRM(2)
- 1%

 

Difference

Between Real

2016 and
Case TRM

  Income
Statement 2017
  Income
Statement Case
ICE Brent(1)+
US$1
  Difference
Between Real
2017 and Case
ICE Brent
  Income
Statement Case
TRM(2)- 1%
  Difference
Between Real
2017 and Case
TRM
 
 (COP$ in billions)  (COP$ in billions) 
Revenue  48,485,56   49,398,37   912,81   48,931,98   446,42   55,954.23   56,929.63   975.40   56,519.30   565.07 
Cost of sales  34,251,42   34,606,79   355,37   34,472,25   220,83   (36,908.33)  (37,279.43)  (371.11)  (37,175.09)  (266.76)
Gross Income  14,234,14   14,791,58   557,44   14,459,73   225,60   19,045.90   19,650.20   604.29   19,344.21   298.31 
Operating expenses  4,400,84   4,400,84   -   4,400,84   -   (4,185.19)  (4,185.19)  -   (4,185.19)  - 
Impairment of non-current assets  928,75   928,75   -   928,75   -   1,311.14  1,311.14  -   1,311.14  - 
Operating income  8,904,55   9,461,99   557,44   9,130,14   225,60   16,171.86   16,776.15   604.29   16,470.16   298.31 
Finance results, net  (1,175,37)  (1,175,37)  -   (1,175,37)  -   (2,495.73)  (2,495.73)  -   (2,495.73)  - 
Share of profit of associates and joint ventures  61,35   61,35   -   61,35   -   93.54   93.54   -   93.54   - 
Income before income tax  7,790,53   8,347,97   557,44   8,016,12   225,60   13,769.66   14,373.96   604.29   14,067.97   298.31 
Income Tax  (4,543,05)  (4,868,12)  (325,07)  (4,674,60)  (131,56)  (5,800.27)  (6,054.82)  (254.55)  (5,925.92)  (125.65)
Net Income  3,247,48   3,479,85   232,37   3,341,52   94,04   7,969.39   8,319.14   349.74   8,142.05   172.66 

 

(1)ICE Brent = US$4555 per barrel
(2)Exchange rate (TRM) = COP$3,051/2,951/US$1.00

 

Assumptions for the Sensitivity Analysis of our Results

 

·Our sensitivity analysis is based on the Consolidated Statement of Profit or Loss for 2016,2017, as presented elsewhere in this annual report.

 

·The sensitivity of the ICE Brent price index is in reference to an increase of US$1 per barrel of crude oil in the average ICE Brent reference price based on a 365-day year for 2016.2017. Prices assumed correspond to realized prices for crude oil, natural gas and refined products for 2016,2017, adjusted to account for the differences between such realized prices and the ICE Brent reference price.

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·The sensitivity of our results to changes in the exchange rate is in reference to a 1% average depreciation of the Colombian Peso against the U.S. dollar during 2016.2017. Prices assumed correspond toare the realized prices of crude oil, natural gas and refined products in 20162017 and are expressed for the sensitivity using the adjusted exchange rate (i.e. a 1% average depreciation of the Colombian Peso against the U.S. dollar during 2016)2017).

 

·The income tax for each of our sensitivity analyses (price of ICE Brent and COP$/US$ exchange rate) is estimated using the effective corporate tax rate of 58%42% for 2016.2017.

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The table below sets forth the line items that are being affected by the variation on the reference prices or the average exchange rate.

 

Table 5455

 

VARIATION ON ICE BRENT REFERENCE PRICEVARIATION ON AVERAGE EXCHANGE RATE

REVENUE

Sales of crude oilSales of crude oil
Sales of refined productsSales of refined products
Sales of natural gasSales of natural gas
COST OF SALES
Local purchases from business partnersLocal purchases from business partners
Local purchases of hydrocarbons from the ANHLocal purchases of hydrocarbons from the ANH
Local purchases of natural gasLocal purchases of natural gas
Imports of productsImports of products

 

5.Risk Review

 

5.1Risk Factors

5.1       Risk Factors

 

The risks discussed below could have a material adverse effect, separately or in combination, on our business’s operating results, cash flows, liquidity and financial condition. Investors should carefully consider these risks.

 

5.1.1Risks Related to Our Business

5.1.1       Risks Related to Our Business

 

This section describes the most significant potential risks to our business.

Our crude oil and natural gas reserve estimates involve some degree of uncertainty and may prove to be incorrect over time, which could adversely affect our ability to generate revenue.

 

Reserves estimates are prepared using generally accepted geological and engineering evaluation methods and procedures. Estimates are based on geological, topographical and engineering facts. Actual reserves and production may vary materially from estimates shown in this annual report, and downward revisions in our reserve estimates could lead to lower future production which could affect our results of operations and financial condition.

 

Hydrocarbon reserves presented in this annual report were calculated in accordance with SEC regulations. As required by those regulations, reserves were valued based on the unweighted average of closing prices for the first day of each month in the 12-month periods ended December 31, 2017, 2016 2015 and 2014,2015, as well as other conditions in existence at those dates. The average of closing prices of ICE Brent crude oil for the first day of each month in the 12-month period was US$101.80 per barrel in 2014, US$55.57 per barrel in 2015, and US$44.49 per barrel in 2016. Mainly as a result of the pronounced fall2016 and US$54.93 per barrel in hydrocarbon prices between 2014 and 2015, the Company recognized a reduction in oil and gas proven reserves of 11% in 2015 as compared to 2014, to 1,849 mmboe in 2015 from 2,084 mmboe in 2014.2017. In 2016, the Company recognized a reduction in oil and gas proven reserves of 14% in 2016 as compared to 2015, to 1,598 mmboe in 2016 from 1,849 mmboe in 20152015. In 2017, the Company recognized an increase in oil and gas proven reserves of 4% as compared to 2016, to 1,659 mmboe in 2017 from 1,598 mmboe in 2016. For more information, see the sectionBusiness Overview—Exploration and Production—Reserves.Reserves.

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Furthermore, at least once a year, or more frequently if the circumstances require, the Company ascertains whether there are signs of impairment to its assets or cash-generating units (CGUs) due to the difference between the carrying amount of such assets or CGUs as opposed to their recoverable amounts, using reasonable assumptions, based on internal and external factors, which reflect market conditions. The recoverable amount is calculatedconsidered to be the higher of the fair value minus costs of disposal and value in use, based on the free cash flow method, discounted at the weighted average capital cost (WACC). Whenever the recoverable amount of an asset or CGU is lower than its net carrying amount, such amount is reduced to its recovery amount, recognizing a loss for impairment as an expense in the consolidated statement of profit or loss. External and internal sources of information may indicate that an impairment loss recognized for an asset, other than goodwill, may no longer exist or may have decreased, in this case, the reversal is recognized a gain for impairment in the consolidated statement of profit or loss.

 

Impairment charges for non-current assets

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In 2017, Ecopetrol had a COP$1,311,138 million net reversal of impairments recorded in 2016 amounted to COP$928,747 million before taxesprevious years primarily as a result of improved hydrocarbon prices outlook, incorporation of new reserves, Ecopetrol’s crude oil basket price discount as compared to the evaluation of the recoverable amount of the assets value which includes the variation in estimations of future prices under the current scenarios of OPEC’sICE Brent crude oil quota agreementsprice, improved refining margins outlook and the impact resulting from changes on specifications issued by the International Marine Organization agreement regarding marine pollution, Marpol, on crude and fuels with high sulfur content.technical operational capacity, among other factors. For additional information about this impairment charges,,see Notes 14, 17 and 28Note 18 to our consolidated financial statements.

 

Any significant change in estimates and judgments could have a material effect on the quantity and present value of our proved reserves and subsequently on the recognition or recovery of impairment charges. Changes to estimations of reserves are applied prospectively to the amounts of depreciation, depletion and amortization charged and, consequently, the carrying amounts of exploration and production assets.

 

In order to assess the possible impact of current expected oil price scenarios and market conditions, as well as of further developments driven by the economic environment for the oil and gas industry, the Company has performed a sensitivity analysis over its proved reserve balance as of December 31, 2016.2017. Based on these calculations, assuming an average price per barrel of ICE Brent crude oil of US$55 per barrel in 2017,2018, US$60 per barrel in 2018,2019, US$65 per barrel in 2019,2020, US$70 in 20202021 and US$75 per barrel for later years, Ecopetrol could recognize an increase in oil and gas proved reserves of approximately 9.6%3.3%. This analysis takes into account Ecopetrol’s estimates and expectations regarding the main assumptions used in its proven reserve calculation, which final actual result may fluctuate and differ substantially from those provided herein due to several factors outside of the control of the Company. For additional information see the sectionFinancial Review—Trend Analysis and Sensitivity Analysis.

 

Moreover,On the contrary, any downward revision in our estimated quantities of proved reserves would indicate lower future production volumes, which could result in higher expenses for depreciation, depletion and amortization for properties to which we apply the units of production method for calculating these expenses. These higher expenses, and any lower revenues as a result of actual production volumes and realized prices, could adversely impact our results of operations and financial condition.

Achieving our long-term growth depends on our ability to execute our strategic plan — specifically, the discovery and successful development of additional reserves.

 

Our long-term growth objectives depend largely on our ability to discover and/or acquire new reserves, and in turn developing them successfully and improving the recovery factor in our mature oil fields. Our exploration activities expose us to the inherent geological and drilling risks including the risk of not discovering commercially viable crude oil or natural gas reserves; and the risk that some exploratory wells initially budgeted for may be drilled at a later stage or not be drilled at all. Despite the effort we make to control costs associated with drilling, these are often uncertain, and numerous factors beyond our control may cause drilling operations to be curtailed, delayed or cancelled.

 

Our ability to add and develop reserves also depends on our capacity to structurally reduce costs to maintain the profitability of oil fields already being exploited.

 

If we are unable to successfully discover and develop additional reserves, or if we do not acquire properties having proved reserves, our reserves portfolio will decline. Failure to secure additional reserves may impede us from achieving or maintaining production targets, and may have a negative impact on our results of operations and financial condition.

 

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See the sectionStrategy and Market Overview—Our Corporate Strategy for a discussion of our strategic plan.

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Our business depends substantially on international prices for crude oil and refined products. The prices for these products are volatile; a sharp decrease could adversely affect our business prospects and results of operations.

 

In 2016,2017, in Ecopetrol, approximately 91.7%92.4% of the revenues came from sales of crude oil, natural gas and refined products and 91%87% of the total volume sold of these products is indexed to international reference prices or benchmarks such as ICE Brent. Consequently, fluctuations in those international indexes have a direct effect on our financial condition and results of operations.

 

Prices of crude oil, natural gas and refined products have traditionally fluctuated as a result of a variety of factors including, among others, competition within the international oil and natural gas industry; long-term changes in the demand for crude oil (as further explained below), natural gas and refined products; the economic policies in the United States, China and the European Union; regulatory changes; changes in global supply, such as the current market conditions shifting from oversupply ofto a balanced crude oil;oil market; inventory levels; changes in the cost of capital; adverse or favorable economic conditions; global financial crises; development of substitute sources of energy, development of new technologies; global and regional economic and political developments in the Organization of the Petroleum Exporting Countries, (OPEC); the willingness and ability of the OPEC and its members to set production levels; local and global demand and supply for crude oil, refined products and natural gas; trading activity in oil and natural gas, which thereby affects their respective margins; derivative financial instruments related to oil and gas; development or availability of alternative fuels; weather conditions; natural events or disasters; and terrorism and global conflict. In 2016 the impact of an oversupplied market was put to test, as OPEC changed its traditional controlling role and let the market find its own balance. The price of2017, demand grew faster than supply, reducing crude oil may also fluctuate dueinventories to changesalmost a five year average, leveraged in demand. For example, Brexit’s impact on crude oil demand for 2017 isstronger than expected to be moderate,economic growth in OECD countries and the Petroleum Industry Research (PIRA Energy Group) estimates a short-term impactextension of US$2 per barrel on crude oil due to a reduction between 100-200 KBD in demand for gasoline, middle distillatesOPEC and other products.Russia’s production cut agreement.

 

When crude oil, refined products and natural gas prices are low, we earn less revenue and we generate lower cash flow and less income. Conversely, when crude oil, refined product and natural gas prices are high, we earn more and generate a larger amount of cash and net income. During 2016,2017, our crude oil basket price was US$35.747.8 per barrel versus US$43.9 per barrel35.7 in 2015;2016; the refined product basket price was US$50.162.7 per barrel versus US$63.450.1 per barrel in 2015;2016; and the natural gas price was US$22.7 per barrel equivalent in 2017 versus US$23.5 per barrel equivalent in 2016 versus US$22.0 per barrel equivalent in 2015.2016. However, it is important to consider that the margin on refined products can result either in higher or lower margins due to a change in price of crude the same way gas prices can be impacted by local conditions, such as local demand and weather conditions.

 

Impairment charges forIn 2017, we had a COP$1,311,138 net reversal of the impairment of non-current assets, in 2016 amountedas compared to the impairment of non-current assets of COP$928,747 million before taxes as a resultin 2016 and COP$7,864,875 in 2015. These impairments are an accounting effect that does not involve any disbursement of resources and they are susceptible to reversion when the fair value of the evaluation of the recoverable amount of the assets’ value which includes the variation in estimations of future prices under the current scenarios of OPEC’s oil quota agreements and the impact resulting from changes on specifications issued by the International Marine Organization agreement regarding marine pollution, Marpol, on crude and fuels with high sulfur content.asset exceeds its book value. For additional information about this impairment charges,,see Notes 14, 17the sectionFinancial Review—Operating Results—Consolidated Results of Operations—Impairment of non-current assets and 28Note 18 to our consolidated financial statements.

 

A reduction of international crude oil prices could also result in a delay or a change in our capital expenditure plan, in particular delaying exploration and development activities, thereby delaying the development of reserves and affecting future cash flows. In order to maintain a profitable operation and preserve the cash flow of the Company at certain oil price levels, some of our producing fields may have to be closed or their operations temporarily suspended which would affect our production levels and expected revenues.

 

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Changes in the Colombian Peso/U.S. dollar exchange rate could have an adverse effect on our financial condition and results of operations given the amount of U.S. dollar denominated debt held by the company and the fact that most of our revenues isare derived from sales of products quoted in or with reference to U.S. dollars.

 

Most of our revenues are derived from sales of products quoted in or with reference to U.S. dollars. Therefore when the Colombian Peso depreciates against the U.S. dollar, our revenues converted into Colombian Pesos, increase. Conversely, when the Colombian Peso appreciates against the U.S. dollar, our revenues decrease.

 

On the other hand, imported goods, oil services and the debt, which is mainly denominated in U.S. dollars, become less expensive when the Colombian Peso appreciates against the U.S. dollar and more expensive when the Colombian Peso depreciates against the U.S. dollar.

 

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As of December 31, 20162017 our U.S. dollar-denominated total debt was US$15.212.6 billion, which we recognize in our consolidated financial statements at its amortized cost, which corresponds to the present value of cash flows, discounted at the effective interest rate. Out of this total, US$1212.0 billion relate to Ecopetrol S.A., whose functional currency is the Colombian Peso. Therefore, when the Colombian Peso depreciates against the U.S. dollar, Ecopetrol S.A. is exposed to an exchange rate loss. In contrast, when the Colombian Peso appreciates against the U.S. dollar, Ecopetrol S.A.is exposed to an exchange rate gain. Some of the Group’s affiliates have the U.S. dollar as functional currency and are not exposed to a material exchange rate risk resulting from fluctuations in the Colombian Peso against the U.S. dollar. On the asset side, when the financial statements of the Group are consolidated, the exchange rate differential of the affiliates’ assets and liabilities whose functional currency is the U.S. dollar is recognized directly in the equity, as part of the other comprehensive income.

 

The Company adopted hedge accounting as part of its risk management strategy, using two types of natural hedges with its U.S. dollar debt as a financial instrument: i) cash flow hedge for exports of crude oil and ii) hedge of a net investment in a foreign operation. As a result of the implementation of both hedges, 88%, or $10.5 billion,$8,532 million of Ecopetrol S.A.’s debt in U.S. dollars as of December 31, 2017, was designated as a hedge. With the adoption of hedge accounting, the effect of the volatility of the foreign exchange rate on the hedged portion of the debt is recognized directly in equity, as part of other comprehensive income. The remaining portion of Ecopetrol S.A.’s U.S. dollar-denominated debt as well as the financial assets and liabilities denominated in foreign currency continues to be exposed to the fluctuation in the exchange rate.

 

The U.S. dollar/Colombian Peso exchange rate has fluctuated during the last several years.  On average, the Colombian Peso depreciated 7.05%37.28% against the U.S. dollar in 2014, 37.28% in 2015, and 11.18% in 2016.2016 and appreciated 3.35% in 2017. Additionally, as of December 31, 2017, the Colombian Peso appreciated 0.56%, as of December 31, 2016, the Colombian Peso appreciated 4.72%, but depreciatedand as of December 31, 2015 and 2014,it depreciated 31.64% and 24.17%, respectively,in each case from year-end exchange in the previous year. In addition, given the performance of interest rates in the U.S., crude oil prices in the next few years and political uncertainty surrounding the United States of America following the recent presidential election and the unpredictability in the economic performance of some developed countries,Colombia, there is no clear view of how the U.S. dollar and the Colombian peso will behave in the medium to long-term. Given that markets are dealing with a great deal of uncertainty, it is expected that U.S. dollar movements will remain difficult to forecast, as the U.S. currency will respond immediately to any new opportunities for or challenges to the U.S. economy.forecast.

 

A future depreciation in the exchange rate of the Colombian Peso against the U.S. dollar may affect our financial results when converted into Colombian Pesos, given the portion of our U.S. dollar debt that is not designated as hedge instrument and the future debt we may acquire. Please see our sensitivity analysis on our results of operation to exchange rate fluctuations in the sectionFinancial Review—Effect of Taxes, Exchange Rate Variation, Inflation and the Price of Oil on our Results—Exchange Rate Variationand in Note 31.230.2 to our consolidated financial statements.

 

Increased competition from local and foreign oil companies may have a negative impact on our ability to gain access to additional crude oil and natural gas reserves in Colombia and abroad.

 

We must bid for exploration blocks offered by the ANH in Colombia and similar authorities in other countries, which means we compete under the same conditions as other domestic and foreign oil and gas companies, and receive no special treatment. Our ability to obtain access to potential fields also depends on our ability for evaluating and selecting potential opportunities and to adequately bid for such opportunities.

 

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We are also exposed to international competition as a result of our international exploratory activities. Currently, we are exploring in Brazil, Mexico and the US Gulf of Mexico, where we both partner and compete with other oil and gas companies operating in those locations.

 

If we are unable to adequately compete with local and foreign oil companies, or if we cannot enter into joint ventures with market players having high potential exploration projects, our exploration activities may be limited. This could reduce our market share and, in turn, adversely affect our financial condition.

 

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If operational risks to which we are exposed in Colombia or overseas materialize, the health and safety of our workforce, the local community and the environment may be affected. In addition, we may suffer a disruption or shutdown of our operational activities.

 

Our exploration, production, refining and transportation activities in Colombia and in the foreign countries in which we operate are subject to industry-specific operating risks, some of which, despite our internal procedures and adherence to industry best practices, are beyond our control. Our operations may be curtailed, delayed or cancelled due to adverse or abnormal weather conditions, natural disasters, blockages in the communities in which we operate, equipment failures or accidents, oil or natural gas spills or leaks, shortages or delays in the availability or in the delivery of equipment, delays or cancellation of environmental licenses or other government authorizations or judicial decisions, fires, explosions, blow-outs, surface cratering, pipeline failures, theft and damage to our transportation infrastructure, sabotage, terrorist attacks and criminal activities.

 

Some of our operations in Colombia and abroad could be conducted in remote and uninhabited locations which involve health and safety risks that could affect our workforce. By our own Company policy and practices, as well as under Colombian law and international industrial safety regulations, we are required to have health and safety practices that minimize risks and health issues faced by our workforce. Failure to comply with health and safety regulations in the jurisdictions where we operate may lead to investigations by health officials that could result in lawsuits or fines.

 

We may be required to incur in additional costs and expenses to allocate funds to industrial safety and health compliance under Colombian law and international industrial safety regulations. Additionally, if any operational incident occurs that affects local communities and ethnic communities in nearby areas, we will need to incur in additional costs and expenses in order to return affected areas to normality and to compensate for any damages we may cause. These additional costs may have a negative impact on the profitability of the projects we may decide to undertake.

 

The occurrence of any of these operating risks could result in substantial losses or slowdowns to our operations, including injury to our employees, malfunction or destruction of property, equipment and infrastructure, clean-up responsibilities, third-party liability claims, government investigations and imposition of fines, withdrawal of environmental licenses and other government permits, suspension or shutdown of our activities and loss of revenue. The occurrence of any of these events may have a material adverse effect on our financial condition and results of operations.

 

Our involvement in deep-water drilling either as direct operator or in conjunction with our business partners involves risks and costs, which may be out of our control.

 

Our deep-water drilling activities present severe risks, such as the risk of spills, explosions on platforms and drilling operations, and natural disasters. The occurrence of any of these events or other incidents could result in personal injuries, loss of life, severe environmental damage with the resulting containment, clean-up and repair expenses, equipment damage and liability in civil and administrative proceedings. Heightened risks and costs associated with deep-water drilling may have a negative effect on our results of operations and financial condition and in our reputation.

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See the sectionBusiness Overview—Exploration and Production—Exploration Activities—Exploration Activities Outside of Colombia for a summary of our current deep-water drilling activities.

 

As a result of the oil spill in the Macondo field operated by British Petroleum in the U.S. Gulf Coast in April 2010, significant concerns regarding the safety of deep-water drilling have been raised and, as a result, applicable regulations in various countries have changed. More stringent government regulation may result in increased costs and longer exploration and development timeframes for our deep-water drilling operations and consequently could adversely affect our results of operations and financial condition.

 

We are exposed to the credit, political and regulatory risks of our customers and any material nonpayment or nonperformance by our key customers could adversely affect our cash flow and results of operations.

 

Some of our customers may experience financial problems that could have a significant negative effect on their creditworthiness. Severe financial problems encountered by our customers could limit our ability to collect amounts owed to us, or to enforce the performance of obligations owed to us under contractual arrangements. In addition, many of our customers finance their activities through their cash flows from operations, short and long term debt or equity.

 

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The combination of decreasing cash flows as a result of declines in commodity prices, a reduction in borrowing bases under reserve-based credit facilities and the lack of availability of debt or equity may result in a significant reduction of our customers’ liquidity and limit their ability to make payments or perform their obligations to us.us according to their contractual terms.

 

Furthermore, some of our customers may be highly leveraged and subject to their own operating expenses. Therefore, the risk we face in doing business with these customers may increase. Other customers may also be subject to regulatory changes, which could increase the risk of defaulting on their obligations to us. Financial problems experienced by our customers could result in the impairment of our assets, a decrease in our operating cash flows and may also reduce or curtailrestrict our customers’ future use of our products and services, which may have an adverse effect on our revenues and our ability to make payments under our existing debt obligations.revenues.

 

Our ability to access the credit and capital markets on favorable terms to obtain funding to refinance our debt maturities may be limited due to the deterioration of these markets, any change to our credit ratings and the authorizations we need before incurring any financial indebtedness.

 

In recent years, particularly during the last quarter of 2015 and the first quarter of 2016, due to significant decrease in oil prices, domestic and global financial markets and economic conditions have been weak and volatile and have contributed significantly to a substantial deterioration in the credit markets. A new financial crisis, remaining volatility in prices in the oil and gas sector, the spread in protectionist policies in the United StatessStates and Europe, the lack of consensus among OPEC members, the discovery of corruption by governments and private companies in emerging markets and further geopolitical disruptions in the Middle East, which could involve developed countries, which in turn could worsen risk perception with respect to the emerging markets, or the occurrence of any of the risks described in the sectionRisk Review—Risk Factors—Risks Related to Colombia’s Political and Regional Environment could also make it more difficult for us and our subsidiaries to access international and local capital markets and finance our operations and potentially refinance our debt maturities on terms acceptable to us. These conditions, along with significant write-offs in the financial services sector and the re-pricing of credit risk, can make it difficult for us to obtain funding for our capital needs on favorable terms. Access to credit and capital markets is also dependent on our credit ratings, which are mainly determined by our financial and operational strength, oil and gas market conditions and the support that could be provided by the Colombian government. On January 18, 2016, our senior unsecured debt ratings were downgraded to Baa3 from Baa2 by Moody’s Investors Service, and Standard & Poor’s (S&P) and Fitch Ratings revised our outlook from stable to negative on January 29 and July 26, 2016, respectively.  We cannot assure that our credit ratings will continue for any given period of time or that the ratings will not be further lowered or withdrawn. An assigned rating may be raised or lowered depending, among other things, on the respective rating agency’s assessment of our financial strength. In addition, a downgrade in the rating of the Republic of Colombia could also trigger a downgrade on our ratings as our rating is capped by the rating of the Republic of Colombia and the implicit support that can potentially be provided to the Company. On February 16, 2016, S&P revised the outlook of the Republic of Colombia to negative. While on March 14, 2017, Fitch Ratings maintained our long term international credit rating at BBB but upgraded our outlook from negative to stable following the upgrade from the Republic of Colombia from negative to stable also in March 2017. On June 27, 2017, weS&P increased our stand-alone credit rating from BB to BB+ and maintained our long-term international credit rating at BBB and our outlook as negative, in line with those of the Republic of Colombia. On December 11, 2017, in line with a downgrade of the Republic of Colombia, S&P lowered our long-term international credit rating from BBB to BBB- and changed our outlook from negative to stable. S&P maintained, however, our stand-alone credit rating at BB+. On September 21, 2017, Moody’s maintained our long term international credit rating at Baa3 and revised our outlook from negative to stable. On February 22, 2018, despite the downgrade of Republic of Colombia, Moody’s maintained our long term international credit rating and outlook. We cannot offer any assurance that our credit rating will continue.

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As a result of these factors, we may be forced to revise the timing and scope of our capital projects as necessary to adapt to existing market and economic conditions, downgrades to our credit ratings or to access the financial markets on terms less favorable, therefore negatively affecting our results of operations and financial condition.

 

In addition, under applicable regulation, the Government, through the Ministry of Finance and Public Credit and the favorable opinion of the National Planning Department, must authorize all indebtedness of state-owned entities and government-controlled companies through a majority equity stake. Consequently, excluding our foreign subsidiaries or those subsidiaries in which we hold minority interest, most of our indebtedness must be previously authorized by the Colombian Ministry of Finance and Public Credit and the National Planning Department. As such, our indebtedness is subject to the Government’s time frames and policies, and we cannot guarantee that such authorizations would be granted in a timely fashion or granted at all.

 

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We may be exposed to increases in interest rates, thereby increasing our financial costs.

 

We may incur debt locally and in the international capital markets and, consequently, may be affected by changes in prevailing interest rates. If market interest rates increase, our financing expenses may increase, which could have an adverse effect on our results of operations and financial condition. Interest rates in the United States may continue rising due to Federal Reserve’s monetary policy, which is looking for economic activity expansion at a moderate pace, labor market conditions strengthening and inflation stability to 2% over the medium term.

 

As of December 31, 2016,2017, approximately 31%19%, or US$5.42.8 billion (COP$16.28.3 trillion), of our total indebtedness consisted of floating rate debt. If market interest rates rise, our financing expenses will increase, which could have an adverse effect on our results of operations and financial condition. In addition, as we refinance our existing debt in the coming years, the mix of our indebtedness may change, specifically as it relates to the ratio of fixed to floating interest rates, the ratio of short-term to long-term debt, and the currencies in which our debt is denominated in or indexed to. We cannot assure you that such changes will not result in increased financing expenses borne by us. Finally, as we incur new debt in the future to fund our capital projects or inorganic acquisitions, the prevailing interest rates and spreads at any specific time could be less favorable in terms of cost when compared to our previous financing transactions, which could adversely affect our financial condition and results of operations.

 

Our current and planned investments and exploration activities outside Colombia are exposed to political and economic risks.

 

As part of our strategic plan, we operate through business partners, subsidiaries or affiliates outside of Colombia. We currently have investments, joint ventures and subsidiaries incorporated in Peru, Brazil, Mexico, Bermuda, Panama, the Cayman Islands, Switzerland, Germany, Spain, the United Kingdom and the United States, and we are analyzing investments in other countries. In connection with making investments, we are and will be subject to risks related to economic and political conditions and governmental economic actions. We cannot predict the positions of foreign governments relating to the oil and gas industry, land tenure, protection of private property, environmental standards, regulation or taxation; nor can we assure you that future governments will maintain policies favorable to foreign investment or repatriation of capital.

 

We began exploration activities outside Colombia in 2006 through our Brazilian subsidiary, Ecopetrol Óleo e Gás do Brasil Ltda. Our foreign subsidiaries have subsequently entered into a number of joint venture exploration agreements with regional and international oil companies to explore acreage in Brazil and the U.S. Gulf Coast. We have limited experience exploring outside Colombia. We may face new and unexpected risks involving environmental and other legal requirements beyond those we currently experience.

 

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The results of operations and financial condition of our subsidiaries in these countries also may be adversely affected not only by risks associated with hydrocarbon exploration and production, but also by fluctuations in their local economies, political instability and government actions, including: the imposition of price controls, the imposition of restrictions on hydrocarbon exports, fluctuation of local currencies against the Colombian Peso, the nationalization of oil and gas reserves, increases in export and income tax rates for crude oil and oil products, and unilateral (governmental) institutional and contractual changes, including controls on investments and limitations on new projects.

 

Any of these conditions occurring could disrupt or terminate our operations, causing our development activities to be curtailed or terminated in these areas, or our production to decline; limit our ability to pursue new opportunities; affect the recoverability of our assets; or cause us to incur additional costs or delay the timeline of our projects.

 

Our future performance depends on the successful development and deployment of new technologies and the knowledge to apply and improve them.

 

Technology, knowledge and innovation are essential to our business, especially for reductions to our operating costs and improvements in processes related to the production and transportation of heavy crude oil and the exploitation of mature fields, and reductions in our operating cost.fields. If we do not develop the right technology, ordo not secure access to required third-party technology, fail to deploy the right technology, do not obtain the expertise to operate newour deployed technology or to improve our processes, do not have access to, or do not deploy the knowledge necessary to apply and improve such technology effectively, the execution of our corporate goals, our profitability and our earnings may be adversely affected. In the case of our recovery program, we not only depend on the successful developmentselection, adaptation, demonstration and deployment of newappropriate technologies but also in the response of the reservoir to the application of thisthese recovery technology.technologies.

 

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Our performance could be negatively affected by a deficiency in leadership capacity and lack of key skilled employees.

 

As the oil and gas industry faces an increasing number of challenges, the ability to react quickly to these challenges has become a key factor in achieving efficiency, profitability, growth and sustainability. Our ability to achieve these goals can be negatively affected by a deficiency in leadership capacity and a lack of key skilled employees that can execute our business strategy with creativity and determination.

 

Our operations may not be able to keep pace with the increasing domestic demand for natural gas.

 

According to the Colombian Energy and Gas Regulatory Commission (CREG) Resolution 114 of 2017, former Resolution 089 of 2013, a supplier ofthe natural gas market is a physical market, which means that suppliers must possess sufficient economically viable natural gas reserves before executing a natural gas delivery contractcomply with a customer. In the long term, we mayquantities agreed in their contracts. Hence, Ecopetrol will not be able to keep up with increasingor increase its market participation unless the Company increases its natural gas reserves as local demand for natural gas if demand outpaces the rate of growth of our natural gas supply, especially because of the decline of our main fields. As a result, we may lose market share, which may negatively impact our financial condition and results of operations.grows.

 

Additionally, we are currently party to a number of national gas supply contracts that have firm gas commitments. If we are unable to deliver natural gas to these clients as a result of cuts in operations, delays in the completion of projects relating to our production facilities or the acceleration of the decline in our gas production, among other reasons, we may be required to compensate our customers for our failure to supply natural gas. In 2016, we paid a penalty due to a cut in operations that occurred on October 12, 2016. This cut was caused by an operational failure in the ignition system of the Guajira B compression train, which caused an unavailability of gas supply, which in turn affected gas demand in a portion of the industrial and thermal sectors.

 

Delays in the start of new projects could result in penalties imposed on us by our clients. Although we did not pay penalties due to delays in the start of new projects in 2016,2017, we cannot assure you that in the future we will not be subject to additional monetary fines which can in turn affect our financial condition and results of operations.

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We depend on others for the construction and availability of natural gas transportation infrastructure for the transport of our gas, which may limit our ability to develop new or existing fields or lead to the deterioration of related assets and may not allow us to recover the cost of capital invested in natural gas discoveries.

 

We are prohibited by law from holding more thanEcopetrol S.A. can only hold up to 25% of the equity of any natural gas transportation company. Therefore, there can be no assurance that the transportation infrastructure necessary to transport natural gas from the fields to distribution points and our customers will be built by third parties or that if built there will be sufficient capacity available to us for the exploitation of new natural gas discoveries or the development of existing fields. The failure to commercially exploit new or existing discoveries may result in impairment of the related assets and our inability to recover the capital expenditures invested to make these natural gas discoveries. As a result, we may be required to enter into agreements with natural gas transportation companies on terms that are not favorable to us.

 

For example, we have developed natural gas reserves in the Cusiana and Cupiagua fields, but transportation capacity to deliver gas from these fields is currently limited. Although there are projects under development that will eliminate this limitation in 2018, we can offer no assurance that they prove successful.

 

Our operations have and may continue tocould be affected by reactions of labor unions, social organizations and contractors to Colombia’s political and social environment, organizational changes and other management decisions.the collective bargaining agreement negotiation process.

 

Due to the volatility of the marketsColombia’s political and the existing low oil pricesocial environment we have and will continue to undertake measures to enhance operating cost efficiency. Such measures involveorganizational changes, in cost structure, downsizing our staff (including direct and indirect employees), and budget cuts, among others. Unions, contractors and social organizations in the communities where we have operations, contractors and unions, may have in the pastreactions and may continue to oppose such measures causing work stoppages or decreasing productivity,present their demands through social movements, which could have an adverse effect on our operations and financial condition.

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In addition, our current collective bargaining agreement has been in effect since 2014 and has a term of fivefour years, expiring June 30, 2018. There will be no changes to these terms until 2018; therefore, weJune 2018 or until the end of the negotiation process. If the unions do not expectpresent any adverse reactions fromrequest of negotiation, the terms will be maintained for another six months. During this period of time, the collective bargaining agreement negotiation will take place and unions may try to impact our labor unions relating to this matter. However,normal operations. Further, we cannot assure you we will not experience strikes or labor unrest in the future.

 

Our activities may be interrupted or affected by external factors, such as abnormal weather conditions and natural disasters.

 

We are exposed to several risks that may partially interrupt our activities. They include fires or explosions, natural disasters, criminal acts and acts of terror, malfunction of pipelines and emission of toxic substances.

 

Also, the effects of climate change could create impacts and losses in any part of our business operations, for instance, as the result of increase in the intensity of the “La Niña” and “El Niño” climate phenomena, causing floods and drought periods, increased temperature and rising sea levels.

 

The “El Niño” climate phenomenon is characterized by (i) a lack of rainfall, which limits the amount of water necessary for the development of various activities of the company, and (ii) increased temperatures, which could have a direct impact on our workers’worker’s health given an increased occurrence of heat waves and the increased occurrence of epidemics and diseases. The “La Niña” climate phenomenon is characterized by increased rainfall, which can generate (i) landslides that threaten pipeline infrastructure and limit road transportation and (ii) flooding, which could limit operations in our production fields and facilities.

 

As a result, our activities could be significantly affected or even paralyzed. These risks could result in property damage, loss of revenue, loss of life, pollution and harm to the environment, among others. If any of these occur, we may be exposed to economic sanctions, damages, fines or penalties in addition to the costs required to repair or remediate the related damage. These costs, fines and penalties may adversely affect our financial condition and results of operations.

 

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Our operations, including our activities in areas classified as indigenous reserves and Afro-Colombian lands, are subject to opposition from members of various communities.

 

We currently carry out and plan to carrycontinue carrying out activities in areas classified by the Government as indigenous reserves (resguardos) and Afro-Colombian lands (territorios colectivos).lands. In order to undertake these activities, we must first comply with the previous consultation process, set forth by Colombian law. These consultation processes are part of the administrative procedures for obtaining environmental licenses to start our projects, works or activities in areas belonging to ethnic communities. In addition, consultations can be seen as a potential instrument to involve communities in the decision of developing extracting industry and infrastructure projects in their territories. Generally, these consultation processes last between six months to one year depending on the community expectations, but may be significantly delayed if we cannot reach an agreement with the communities. We strive to be respectful of the Constitution and laws and the autonomy of indigenous and Afro-descendant communities, and we therefore do not enter their territories until we have reached an agreement with them.

 

Our activities are subject to opposition, including protests by various communities, and even in areas in which the previous consultation process does not apply. Recently, through popular consultation, some communities have voted against the development of extractive industry projects. Any such similar situation may affect our future projects.

 

In recent years, indigenous communities have been claiming their ancestral territories and requesting recognition on previously closed consultation processes. We may be exposed to operational restrictions as a result of the opposition of these communities.

 

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No certainty can be given that we will be able to reach an agreement with the different communities opposed to our operations or that such communities will participate in consultation processes if available. We may be exposed to similar delays due to opposition from local communities in other countries where we carry out our activities.

 

We have made significant investments in acquisitions and we may not realize the expected value.

 

We have acquired interests in several companies in Colombia and abroad. See the sectionBusiness Overview—Our Corporate Structure. Obtaining the expected benefits of the acquisitions will depend, in part, on our ability to (i) obtain the expected results of operations and financial condition from these acquisitions, (ii) manage disparate operations and integrate distinct corporate cultures, (iii) manage our objectives as a corporate group, and (iv) institute our corporate governance rules as well as other factors beyond our control such as (v) the economic and regulatory environment in countries in which we have made acquisitions and (vi) crude oil prices. These efforts may not succeed. Our failure to successfully obtain the expected results from our acquisitions could adversely affect our financial condition and results of operations.

 

We might be required to provide additional financial support to Bioenergy and Reficar in spite of thedespite its recent completion of their projectscompletion.

 

Reficar raised US$3.5 billion through a limited-recourse project financing in which Ecopetrol S.A. provided both construction support and debt service guarantee and was also the sponsor of the financing. If Reficar experiences any situation that might affect the fulfillment of its financial obligations, Ecopetrol S.A. must provide financial support to Reficar, through capitalizations, subordinated loans or even the assumption of the debt. These situations might be related, but are not limited to, labor productivity, failure of the upgraded refinery to reach the expected performance level in terms of the quality of products and/or volumes produced. See the sectionBusiness Overview—Refining and Petrochemicals—Refining—Reficar.

Also, Bioenergy’s ethanol plant, thatwhich began operations in April 2017 was financed with COP$123132 billion through bilateral loans for its agricultural component and COP$382 billion through an infrastructure leasing for its industrial component, may also meet situations such as social unrest, strikes or other operational difficulties that could negatively impact its operation and financial results.component. Although Ecopetrol is not the sponsor and has not provided financing guarantees to Bioenergy, some additional financial support might be needed to assure the stabilization phase of the project.plant. Additionally, Bioenergy may also face situations such as social unrest, strikes or other operational difficulties that could negatively impact its operation and financial results.

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Any situation that could affect the operations of these subsidiariesthis subsidiary may have a negative impact on theirits profitability as well as theiron its ability to pay theirits debt, which in turn could adversely affect our financial condition and results of operations.

 

Ongoing Colombian StatecontrolState control entities investigations regarding our subsidiaries Reficar and Bioenergy could adversely affect us.

 

Ecopetrol is a corporation majority owned by the Colombian Government that administers public resources and Reficar and Bioenergy are subsidiaries of Ecopetrol. Ecopetrol’s employees have a statutory responsibility to ensure the proper use of public resources. Reficar and Bioenergy’s employees also have a duty for proper management of public resources. The conduct of Ecopetrol, Bioenergy and Reficar’s employees are generally subject to the control and supervision of the Colombian State control entities. See the sectionRisk Review—Legal Proceedings and Related Matters for additional information.

 

The investigations concerning Reficar and Bioenergy that are described in the sectionRisk Review—Legal Proceedings and Related Mattersremain ongoing. Because these actions are in their early stages, it is still not possible to estimate the duration, scope or results of these investigations or related inquiries and requests for information by Colombian State control entities. While we are cooperating fully with both cases, adverse developments in connection with these investigations, including any expansion of the scope of the investigations, could negatively impact us and could divert the efforts and attention of our management team from our ordinary business operations.

As described in the sectionRisk Review—Legal Proceedings and Related Matters, the Prosecutor’s Office is conducting a confidential investigation regarding Reficar’s expansion and modernization project. On April 27, 2017, the Prosecutor’s Office announced its intention to pursue charges against eight individuals, including five past officers of Reficar or Ecopetrol, for the alleged crimes of document forgery, illegal interest in the execution of agreements, misappropriation of public funds and unjust enrichment. The Prosecutor’s Office has not yet made public the factual basis for such charges, and accordingly we are not in a position to predict the outcome of the Prosecutor’s Office’s investigation or the disposition of any charges that the Prosecutor’s Office may bring.

 

In connection with this investigation or any other investigation carried out by any other authority, there can be no assurance that we will not be required to pay penalties, or incur in additional costs and expenses andor expose us or our employees to sanctions and lawsuits, any of which could adversely impact our reputation and, in turn, could have adverse effects on our financial condition and results of operations. See sectionSeeRisk Review- Review—Legal and Regulatory Risk - Risk—We may incur losses and spend time and money defending pending lawsuits and arbitrations and responding to administrative investigations.

 

Our results may be affected by the performance of our business partners or their third-party service providers, as many of our operations are executed under joint venture agreements.

 

Many of our operations are performed through joint ventures with our business partners. Consequently, we depend on the performance of our business partners. The poor performance of any of them, especially in those projects in which we do not act as operator, could negatively impact oil and natural gas production, which in turn could have a negative impact on our results of operations and financial condition. We are exposed to the risk of not finding business partners with the appropriate skills and performance we require for our projects. We are also indirectly exposed to supply agreements and other third-party services contracted by our business partners acting as operators under joint venture agreements.

 

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Our insurance policies do not cover all liabilities and may not be available for all risks.

 

Our insurance policies do not cover all liabilities, and insurance may not be available for all risks. There can be no assurance that incidents will not occur in the future, that insurance will adequately cover the entire scope or extent of our losses or that we will not be found liable in connection with claims arising from these and other events, which could adversely affect our financial condition and results of operations.

 

A failure in our information technology systems or cyber security attacks may adversely affect our financial results.

 

We depend on the reliability and security of our information technology systems to conduct certain exploration, development and production activities, process financial records and operating data, communication with our employees and business partners, and for many other activities related to our business. Our information technology systems may fail or have other significant shortcomings due to operational system flaws or employee misuse, tampering or manipulation. In addition, we may become the target of cyber-attacks or information security breaches that could result in the unauthorized release, gathering, monitoring, misuse, loss or destruction of proprietary and other information. Any of these occurrences could disrupt our business, result in potential liability or reputational damage or otherwise have an adverse effect on our financial results.

 

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During 2016,2017, our internal cyber security systems identified several cyber security attacks such as brute force login attacks designed to identify valid credentialcredentials in IT infrastructure and seventeenone ransomware attacks-only one of themattack with data loss (low level confidentiality) at Ecopetrol S.A.-OurS.A. Our platforms also identified and controlled certain malware events and SQL injection attacks.

 

Although we have not experienced any material losses relating to failure of our information technology systems or cyber incidents, there can be no assurance that we will not suffer such losses in the future.

 

We are exposed to behaviors incompatible with our ethics and compliance standards.

 

Given the large number of contracts that we are a party to in Colombia and abroad with local and foreign suppliers, the geographic distribution of our operations and the great variety of actors that we interact within the course of business, we are subject to the risk that our employees, contractors, or any person having relations with us may misappropriate our assets, manipulate our assets or information or engage in money laundering or the financing of terrorism, for such person’s personal or business advantage. Our systems for identifying and monitoring these risks may not be effective to fully mitigate them in all situations. Such acts may result in material financial losses or reputational harm to the Company.

 

The reliability and capacity of national power supply systems may affect or limit the continuity of our operations or limit growth.

 

Our average energy consumption in 20162017 was 6,9486,392 GWh/year, of which 65%72% was supplied through self-generation, and the remaining 35%28% through power grid. Our demand is 10.5%9% of the total energy demand in Colombia.

 

Several producing fields are connected to the national transmission system and depend on its expansion and reliability to keep steady production levels and to accommodate future growth. The national electricity market is volatile due to changes in hydrology and availability of fuels (natural gas, diesel etc.); and the grid expansion projects which are executed by power distribution contractors have experienced delays due, bringing uncertainty to licenses and limited execution capability. To mitigate these risk theprices. Ecopetrol Group decided to centralizecentralizes the management of power sources and uses, in order to optimize the energy availability, quality and cost forin the short, medium and long term. Whileterm with the intention is to enhance system reliability by timely executionobjective of electrical projects and to launchoptimizing energy efficiency programs in all of our segments,consumption, but we cannot offer any assurance that wethe program will prove successful.

 

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Rising water production levels may affect or constrain our crude oil production.

 

During 2016, we2017, Ecopetrol S.A. produced approximately 9.369.3 million barrels of water per day. Taking into account the nature of our reservoirs, the water production levels to be managed by the Company may increase in the future. In order to achieve our oil and gas production goals and to avoid any production restrictions going forward, we will need to secure the required capacity to manage water levels. Factors that may trigger a possible constraint in our crude oil production due to the rising water production levels are: (i) ineffective project management of the required facilities, (ii) the Company’s and its partners’ ability to timely obtain the environmental permits related to water management, (iii) social and community interactions that could affect the development and operation of these projects, and (iv) the availability of capital to execute the required projects.

 

5.1.2Risks Related to Colombia’s Political and Regional Environment

5.1.2       Risks Related to Colombia’s Political and Regional Environment

 

This section discusses potential risks related to our extensive operations in Colombia.

 

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The Colombian government could seize or expropriate Ecopetrol’s assets under certain circumstances.circumstances for fair compensation.

 

Pursuant to Articles 58 and 59 of the Colombian constitution, the Government can exercise its eminent domain powers in respect of Ecopetrol’sprivate property assets in the event such action is deemed by the Government to be required in order to protect public interests. According to Law 388 of 1997, eminent domain powers may be exercised through: (i) an ordinary expropriation proceeding, (expropiación ordinaria o judicial), or (ii) an administrative expropriation (expropiación administrativa).expropriation. In all cases we would be entitled to a fair compensation for the expropriated assets. Also, as a general rule, compensation must be paid before the asset is effectively expropriated. However, the compensation may be lower than the price for which the expropriated asset could be sold in a free-market sale or the value of the asset as part of an ongoing business. The aforementioned Article 59 of the Colombian constitution establishes an expropriation for war reasons, (expropiación en caso de guerra), which does notrequire that compensation be paid before expropriation but can only be executed on a temporary basis.

 

Colombia has experienced internal security issues that have had or could have a negative effect on the Colombian economy and on us.

 

Colombia has experienced internal security issues, primarily due to the activities of guerrillas, paramilitary groups, drug cartels and criminal bands known asBacrim. From time to time, guerrillas target crude oil and multi-purpose pipelines, including the Oleoducto Transandino, Caño Limón-Coveñas and Oleoducto Bicentenario pipelines, and other related infrastructure disrupting our activities and those of our business partners.

During 2016,2017, the attacks against our pipeline infrastructure decreasedincreased by 35%28% in relation to 2015 (802016 (49 attacks in 20152016 compared with 5263 attacks in 2016), however they were strategically targeted and more severe.2017). This situation especially affected the infrastructure located in Nariño,the following departments: Norte de Santander, Arauca and Norte de SantanderNariño and the following pipelines: Caño Limón Coveñas and Transandino. During the first quarter of 2017, 29 attacks against the infrastructureOne of the Caño Limon – Coveñas system have taken place, impacting our operations in this pipeline and resulting inconsequences of the 2017 attacks is a deferred crude oil production of 603 thousand1.6 million barrels. On several occasions, guerilla attacks have resulted in unscheduled shutdowns of our transportation systems in order to repair or replace sections of pipelines or production facilities that have been damaged andwith deferral of production in certain fields, as well as caused us to undertake environmental remediation. For the pipeline infrastructure managed by Ecopetrol S.A.,S.A, the direct cost of repair pipeline infrastructurerepairs due to terrorist attacks in 20162017 was approximately COP$41.7 billion20,313 million (US$13.96.8 million, with a 3,000.71 Colombian Peso/U.S. dollarCOP$2,984/1.00 US exchange rate as of December 31, 2016)2017). Also, ourDuring the first four months of 2018, there have been 33 attacks against the infrastructure of the Caño Limón Coveñas and Transandino pipelines. So far, however, these attacks have not resulted in deferred production was impacted by approximately 3,215 bpd due to events relatedthe transportation of the crude from the Caño Limón field through the Bicentenario pipeline from Banadia in Arauca to attacks onAraguany in Casanare. We cannot offer any assurance that we will continue to ensure such transportation through alternate routes.

Likewise, the theft of refined products and crude oil, resulting from security issues, may impact our infrastructure that limited our production. Guerrilla groupsoperating and other illegal armed groups also attacked natural gas transportation infrastructure that have affected our natural gas productionfinancial results in the past. future. Theft of refined products, increased from approximately 28.5 boed in 2016 to approximately 34.9 boed in 2017. Theft of crude oil increased from approximately 1,796 bod in 2016 to approximately 1,883 bod in 2017.

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These activities and their possible escalation and the effects associated with them have had, and may have in the future, a negative impact on the Colombian economy or on us, which may affect our customers, employees, assets or the environment, with resulting containment, clean-up and repair expenses.

 

Likewise, theft of refined products and crude oil, resulting from security issues, may impact our results in the future. Theft of refined products, which reached a peak of approximately 7,270 bpd in 2002, was reduced to approximately 28.5 bpd in 2016. The theft of crude oil increased from approximately 646 bpd in 2015 to approximately 1,830 bpd in 2016.

Despite the peace agreement between the Colombian government and the FARC and the ongoing peace negotiation process with the National Liberation Army (the ELN), some illegal and terrorist activities of guerrilla groups or their members may continue

 

On November 30, 2016, the Colombian Congress approved a peace agreement between the Colombian government and the Revolutionary Armed Forces of Colombia, or FARC. Currently, the Colombian government is in the process of gradually integrating FARC members into civilian life.

 

On the other hand, the National Liberation Army, or ELN, an insurgency guerrilla group, has increased its actions against the Colombian security forces and the critical infrastructure of the Nation in recent months, which we believe is an attempt to show its presence and influence in some regions and put pressure on the ongoing peace negotiations which formally began in February 2016. In February 2017, the public dialogue phase began in Quito, Ecuador. These dialogues were interrupted as a result of the terrorist attacks carried out by the ELN since January 9, 2018, when the bilateral ceasefire ended. The Colombian Government decided to resume the dialogue in April 2018, due to the suspension of ELN terrorist actions during the electoral period in March 2018. It is expected that attacks against critical infrastructure will continue until a new bilateral ceasefire can be agreed upon.

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Despite the progress made with the FARC and the ongoingnow stalled negotiations with the ELN, some guerrilla groups may continue their illegal and terrorist activities, resulting in a deterioration of Colombia’s national security and consequently may negatively impactingimpact our operating results.

 

There have been certain events in Colombia and abroad, which have resulted in political tensions between Colombia and some of its neighboring countries.

 

Diplomatic relationsThere have been certain events in Colombia and abroad, which have resulted in political tensions between Colombia and some of its neighboring countries, in particular Venezuela, have been tense in the past. Although relations with Venezuela have stabilized and improved with Colombia’s current administration, economiccountries.

Economic differences between Colombia and Venezuela, mainly due to Venezuela’s current public disorderorder situation and internal political tension, could affect our diplomatic relations, impact border towns and cities and therefore have a negative impact on Colombia’s economy and general security situation.

 

Companies operating in Colombia, including us, are subject to the prevailing economic conditions and the investment climate in Colombia, which may be less stable than the prevailing economic conditions and investment climate in developed countries.

 

Market prices of securities issued by Colombian companies, including us, are subject to the prevailing economic conditions in Colombia. A large portion of our assets and operations are located in Colombia and most of our sales are currently derived from our crude oil and natural gas production and the production of our refineries located in Colombia. Accordingly, our financial condition and results of operations depend to a significant extent on macroeconomic and political conditions prevailing from time to time in Colombia and on the exchange rates between the Colombian Peso and the U.S. dollar.

 

If the perception of improved overall security in Colombia deteriorates or if the investment climate worsens, the Colombian economy may face lower growth rates than the ones posted recently, which could negatively affect our financial condition and results of operations. Furthermore, the market price of our shares and American Depositary Shares, or ADSs, may be adversely affected by changes in governmental policies, particularly those affecting economic growth, exchange rates, interest rates, inflation and taxes. The Government has changed monetary, fiscal, taxation, labor and other policies over time and has thus influenced the performance of the Colombian economy. We have no control over the extent and timing of government intervention and policies.

 

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Colombian political and economic conditions have a direct impact on our business and may have a material adverse effect on us.

 

Colombia’s economic policies may have direct impact on our companyCompany as well as market conditions, the prices of securities and our ability to access national and international capital markets. Our financial condition and results of operations may be adversely affected by the following factors, among others, and the Government’s response to such factors: exchange rate movements; inflation; exchange control policies; price instability; interest rates; liquidity of domestic capital and lending markets; tax policy; regulatory policy for the oil and gas industry, including pricing policy; and other political, diplomatic, social and economic developments in or affecting Colombia.

 

Uncertainty over whether the Government will implement changes in policy or regulations that may affect any of the factors mentioned above or other factors in the future may lead to economic uncertainty in Colombia and increase the volatility of the Colombian securities market and securities issued abroad by Colombian companies. The upcoming 2018 Colombian presidential election could also result in changes to policies that may have an adverse effect on the local market and consumer confidence that may impact our business and have a material adverse effect on us.

 

Developments and the perception of risk in other countries, especially emerging market countries, may adversely affect the market price of Colombian securities, including our ADSs.

 

Securities issued by Colombian companies may be affected by economic and market conditions in other countries, including other Latin American and emerging market countries. Although economic conditions in Latin American countries and in other emerging market countries may differ significantly from economic conditions in Colombia, investors’ reactions to developments in these other countries may have an adverse effect on the market value of securities of Colombian issuers and our ability to access capital markets.

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Due to past financial crises in several emerging market countries (such as the Asian financial crisis of 1997, the Russian financial crisis of 1998 and the Argentine financial crisis of 2001), the world financial crisis of 2008 and the recent sovereign debt crises in certain European countries, investors may view investments in emerging markets with heightened caution. In the past, as a result of crises in other countries, flows of investments into Colombia have been reduced. Crises in other countries, especially in emerging market countries, may hamper investor enthusiasm for securities of Colombian issuers. If Latin America experiences a new slow-down or if the price for securities of Latin American issuers falls, the price for our ADSs could follow this trend and could be adversely affected as could our ability to access domestic or international capital markets.

 

The Ministry of Mines and Energy has not calculated or liquidated the corresponding Net Positions for Ecopetrol as refiner and/or importer and for each fuel (gasoline and motor fuel oil) to be recognized by the FEPC to Ecopetrol for the second half of 2016

Under current Colombian regulations, the Ministry of Mines and Energy is required to periodically (initially by quarters, now twice a year) calculate and liquidate each refiner and/or importer of fuel’s Participation Differential (i.e. this arise when the international parity price is lower than the reference price established by the Ministry of Mines and Energy), leading to a “Net Position”. However due to changes in law and the Ministry methodologies we have still not received the calculations or liquidations for the second semester of 2016.

We do not know and we cannot anticipate the terms and conditions that will be established by the Ministry of Mines and Energy for future liquidations. For more information regarding the FEPC, see the sectionBusiness Overview—Applicable Laws and Regulations—Regulation of Refining and Petrochemical Activities—Regulation Concerning Production and Prices.

New or higher taxes resulting from changes in tax regulations or the interpretation thereof in Colombia could adversely affect our results of operations and financial condition.

 

New tax laws and regulations, and uncertainties in the interpretation with respect to existing and future tax policies pose risks to us. In recent years, the Colombian Congress and tax authorities have imposed and subsequently eliminated additional taxes such as theImpuesto sobre la Renta para la Equidad Income Tax for Equality (“CREE surtax”CREE”), and the wealth tax, and enacted modifications to taxes related to financial transactions, income, value added tax (“VAT”), and taxes on net worth. In addition, in December 2016, pursuant to Law 1819, the Colombian Congress enacted a new tax reform, which became effective in 2017. For a description of taxes affecting our results of operations and financial condition in 2016,2017, see the sectionFinancial ReviewEffect of Taxes, Exchange Rate Variation, Inflation and the Price of Oil on Our ResultsTaxes. Changes in tax-related laws and regulations, and interpretations thereof, can affect tax burdens by increasing tax rates and fees, creating new taxes, limiting tax deductions, and eliminating tax-based incentives and non-taxed income. In addition, tax authorities and tax courts may interpret tax regulations differently than we do, which could result in tax litigation and associated costs and penalties.

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Until recently, for Colombian income tax purposes, dividends that were distributed from profits taxed at the corporate level were not taxed or subject to withholding tax at the shareholder level. However, beginning in 2017, dividends paid to non-resident shareholders are subject to a withholding tax. The withholding tax rates applicable to dividends paid to non-resident shareholders are: (i) a 5% dividend tax on dividends distributed from profits taxed at the corporate level; and (ii) a 35% withholding tax rate on dividends distributed from profits not taxed at the corporate level; and (iii)level plus an additional 5% dividend tax rate after applying the initial 35% withholding tax rate. Tax treaty rules might also apply on dividend distributions when a shareholder is a resident in a country that has executed a tax treaty with Colombia.

 

5.1.3Legal and Regulatory Risks

5.1.3       Legal and Regulatory Risks

 

This section discusses potential legal and regulatory risks to Ecopetrol, including the risk of having to comply with new laws and regulations.

 

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Our operations are subject to extensive regulation.

 

The Colombian hydrocarbons industry is subject to extensive regulation and supervision by the Government and regulatory agencies in matters including the award of exploration and production blocks by the ANH, the imposition of specific drilling and exploration obligations, restrictions on production, price controls, capital expenditures, liquidation of the Net Position of each refiner or importer with respect to the FEPC and required divestments. Existing regulation applies to virtually all aspects of our operations in Colombia and abroad. The commercialization activities of some of our products also face extensive regulation. Such regulation is subject to change by the applicable regulator affecting our ability to commercialize our products. See the sectionBusiness Overview—Applicable Laws and Regulations.

 

The terms and conditions of the agreements with the ANH under which we explore and produce crude oil and natural gas generally reflect negotiations with the ANH and other governmental authorities and may vary by fields, basins and hydrocarbons discovered.

 

We are required, as are all oil companies undertaking exploratory and production activities in Colombia, to pay a percentage of our production to the Government as royalties. The Colombian Congress has modified the royalty program for crude oil and natural gas production several times in the last 20 years, as it has modified the regime regulating new contracts entered into with the Government. In the future, the Colombian Congress may once again amend royalty payment levels for new contracts and such changes could have an adverse effect on our future exploration and production in Colombia. See the sectionBusiness Overview—Applicable Laws and Regulations—Regulation of Exploration and Production Activities—Business Regulation—Royaltiesfor a description of the current royalty scheme.

 

Our operations in Colombia are subject to extensive national, state and local environmental regulations. Environmental rules and regulations are applicable to our exploration, production, refining, transportation, supply and marketing activities, as well as the biofuels we produce. These regulations establish, among other things, quality standards for hydrocarbon products, air emissions and greenhouse gases, water discharges and waste disposal, soil remediation, water pollution and the general storage, handling, transportation and treatment of hydrocarbons in Colombia. Currently, all exploratory projects drilling in areas that do not yet have a license must undergo an environmental impact assessment and must receive an environmental license from the governmental agency responsible for awarding environmental licenses, the Environmental License National Agency or ANLA. Environmental authorities with jurisdiction over our activities routinely inspect our crude oil fields, refineries and other production sites, and they may decide to open investigations or sanction proceedings, which may result in the imposition of fines, restrictions on operations or other sanctions in connection with potential non-compliance with environmental laws.

 

We are also subject to control and monitoring by the regional autonomous corporations (CAR), which are regional environmental authorities that grant permits for the use and exploitation of natural resources, establish compensation measures for the use of these resources, and perform monitoring, control and sanctions function.

 

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If we fail to comply with any of these national or regional environmental regulations or authorities, we could be subject to administrative and criminal penalties, including warnings, fines or closure orders of our facilities. Any such criminal penalty would be imposed on the legal representatives of the Company, including any legal representative, director or worker who participated or failed to take action related to the activities that lead to environmental damage. See the sectionBusiness Overview—Applicable Laws and Regulations—Regulation of Exploration and Production Activities—Business Regulation—Environmental Licensing and Prior Consultation.

 

Environmental regulation has become more stringent in Colombia in recent years. As a result, our operating costs have increased in order to comply with these new technical environmental requirements as well as the need to strengthen our specialized team in charge of environmental compliance in project and operations. If environmental laws continue to impose additional costs on us, we may need to reduce our investments on strategic projects in order to allocate funds to environmental compliance. We are also exposed to delays in obtaining environmental licenses from ANLA, which can lead to cost overruns or to changes in our investment plans. These additional costs may have a negative impact on the profitability of the projects we intend to undertake or may make them economically unattractive, in turn having a negative impact on our results of operations and financial condition.

 

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WeSome of the companies in the business group perform exploratory activities outside of Colombian territory. As such, such companies are subject to foreign environmental regulations for the exploratory activities conducted by usthe business group outside of Colombia. Failure to comply with foreign environmental regulations may result in investigations by foreign regulators, which could lead to fines, warnings or temporary suspensions of our operations, which could have a negative impact on ourin the consolidated financial conditionstatements and results of operations.operations of the group.

In addition, the companies of the business group conducting upstream activities outside Colombia may be subject to foreign health, safety and environmental regulations. Foreign health and safety regulations may be more severe than those established under Colombian law and, therefore, we may be required to make additional investments to comply with those regulations.

 

Under certain of our credit agreements, we are under an obligation to comply with international environmental standards established by our lenders or by multilateral institutions. Failure to comply with such environmental standards could result in an event of default under the relevant credit agreements that we, or our subsidiaries, have entered into, which would affect our financial condition. For instance, the credit facility executed by Reficar for the financing of its expansion and modernization project includes an obligation to comply with the U.S.-Exim Environmental Procedures and Guidelines and the Organization for Economic Co-operation and Development (OECD) Common Approaches on Environment and Officially Supported Export Credits, and a credit agreement executed by Ecopetrol S.A. to finance purchases of U.S. goods and services requires Ecopetrol S.A. to comply with the U.S.-Exim Environmental Procedures and Guidelines.

 

In addition, we may be subject to foreign health and safety and environmental regulations for our upstream activities conducted outside Colombia. Foreign health and safety regulations may be more severe than those established under Colombian law and, therefore, we may be required to make additional investments to comply with those regulations.

We may incur losses and spend time and money defending pending lawsuits and arbitrations and responding to administrative investigations.

 

We are currently a party to several legal proceedings filed against us. We are also subject to labor-related lawsuits filed by current and former employees in connection with pension plans and retirement benefits. For example, as of December 31, 2016,2017, Ecopetrol S.A. was a party to 2,7743,169 legal proceedings relating to civil, administrative, environmental, tax, and labor claims filed against us in courts and arbitration tribunals, of which 341396 met the accounting threshold for an accrual provision. Additionally, Ecopetrol S.A.’s subsidiaries were a party to 1,1361,190 legal proceedings relating to civil, administrative, environmental, tax, and labor claims filed against them of which 8618 met the accounting threshold for an accrual provision. We allocate substantial amounts of money and time to defend against these claims, in which the claimants often seek substantial sums of money as well as other remedies. See Note 23– Accrued liabilities and provisions23 to our consolidated financial statements and see the sectionRisk Review—Legal Proceedings and Related Matters. In addition, in accordance with Colombian law, we and our employees are subject to surveillance and investigations by certain administrative control entities in Colombia, which are intended to determine whether public funds have been misused, mismanaged or misappropriated or whether they have been used in compliance with applicable law. Such investigations may divert the attention of management and subject the Company to reputational risk and increase difficulties in retaining talent. See the sectionRisk Review—Legal Proceedings and Related Matters.

  

5.1.4108Risks Related to our ADSs

5.1.4       Risks Related to Our ADSs

 

This section discusses potential risks associated with an investment in our American Depository Shares (as opposed to our common shares) by investors outside Colombia.

 

Holders of our ADSs may encounter difficulties in protecting their interests.

 

Holders of our ADSs do not have the same voting rights as holders of our common shares. As set forth in the amended and restated deposit agreement, dated September 16, 2008,December 29, 2017, among Ecopetrol S.A., JP Morgan Chase Bank, N.A., as depositary (the “Depositary”), and all holders from time to time of our American Depositary Receipts (the(as amended and restated, the “Deposit Agreement”), holders of our ADSs may instruct our current depositary, JP Morgan Chase Bank, N.A.,the Depositary, to vote on shareholder matters prior to a shareholders’ meeting. Colombia

Colombian law doesis not however, require Ecopetrolclear about the need to request proxies from existing shareholders. Thus, shareholdersholders of our ADSs may not become aware of some matters in time to instruct the depositaryDepositary to vote their shares.

 

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The Deposit Agreement provides holders of our ADSs with the right to instruct the depositaryDepositary to vote common shares separately. The viabilityHowever, holders of this contractual provisionour ADRs should be aware that in Colombia, it is unclear. This is because regulatory agencies have advanced inconsistent positions regardinguncertain whether a depositorydepositary must vote all common shares of a Colombian corporation in an American Depositary Receipt, or ADR, program in the same manner as a single block or may vote them separately. GoingAccordingly, if either the custodian or the Depositary are not able to vote the common shares (including the right to receive common shares in the form of ADRs) deposited under the Deposit Agreement and any other securities, cash or property from time to time held by the Depositary in respect or in lieu of deposited common shares (the “Deposited Securities”) separately, all such Deposited Securities shall be voted based on the majority vote of the voting instructions timely received from holders of ADRs. In the case of such single block voting, all holders of ADRs, including holders of ADRs for which no voting instructions are timely received and holders of ADRs with voting instructions contrary to the voting instructions of a majority of the Deposited Securities timely received, should be aware that the Deposited Securities shall all be voted as a single block and that the voting instructions of such holders of ADRs will be deemed given in the manner stated above.

The Depositary will not itself exercise any voting discretion in respect of any Deposited Securities. The holders of our ADRs will be solely responsible for any exercise of the voting rights of the Deposited Securities represented by the ADRs if such vote is made pursuant to the procedures described in the Deposit Agreement. Holders of ADRs are strongly encouraged to forward their voting instructions as soon as possible as voting instructions will not be deemed received until such time as the ADR department responsible for proxies and voting has received such instructions notwithstanding that such instructions may have been physically received by the Depositary, prior to such time.

In the future, the Colombian regulatory authorities may changeclarify their interpretation as to how the voting rights should be exercised by ADS holders of our ADSs, and such possible interpretation could adversely affect the value of the common shares and ADSs.

 

Our ADSs holders may be subject to restrictions on foreign investment in Colombia.

 

Colombia’s International Investment Statute (the set of rules and regulations which govern the foreign exchange market and the transactions thereto, which include Resolution 8 of 2000 and External Circular No. DCIN 83 issued by the Colombian Central Bank among others) regulates the manner in which non-Colombian residents can invest in Colombia and participate in the Colombian securities market. Among other requirements, Colombian law requires foreign investors to register certain foreign exchange transactions with the Colombian Central Bank and outlines the necessary procedures to authorize certain types of foreign investments. Colombian law requires that certain foreign exchange transactions, including international investment in foreign currency between Colombian residents and non-Colombian residents, must be made through authorized foreign exchange market intermediaries. Any income or expenses under our American Depositary Receipt, or ADR program must be made through the foreign exchange market.

 

Investors acquiring our ADRs are not required to register with the Colombian Central Bank directly, as they will benefit from the registration to be obtained by the custodian for our common shares underlying the ADRs in Colombia. If investors in ADRs choose to surrender their ADRs and withdraw common shares, they must register their investment in the common shares as a portfolio investment through their local representative, which may be a brokerage firm, trust company or investment management companies supervised by the Superintendence of Finance (Superintendencia Financiera de Colombia).Finance. Investors will only be allowed to transfer dividends abroad after their foreign investment registration procedure with the Colombian Central Bank has been completed. Investors withdrawing common shares could incur expenses and/or suffer delays in the application process. The failure of a non-resident investor to report or register foreign exchange transactions with the Colombian Central Bank relating to investments in Colombia on a timely basis may prevent the investor from remitting dividends abroad, or result in the initiation of an investigation and in the imposition of fines. In the future, the Government, the Colombian Congress or the Colombian Central Bank may amend Colombia’s International Investment Statute or the foreign investment rules, which could result in more restrictive rules and could negatively affect trading of our ADSs.

 

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Colombia currently has a free convertibility system. If a more restrictive convertibility system is implemented, the depositaryDepositary may experience difficulties when converting Colombian Peso amounts into U.S. dollars to remit dividend payments. Also, currently Colombia has a floating exchange rate system that might be subject to change in the future. See the sectionShareholder Information—Exchange Controls and Limitations.

 

Holders of our ADSs may not be able to effect service of process on us, our directors or executive officers within the United States, which may limit your recovery in any foreign judgment you obtain against us.

 

We are a mixed economy company organized under the laws of Colombia. In addition, most of the members of our Board of Directors (“Directors”) and executive officers reside outside the United States. All or a substantial portion of our assets and the assets of these persons are located outside of the United States. As a result, it may not be possible for you to effect service of process within the United States upon us or these persons or to enforce judgments against us or them in U.S. courts obtained in such courts predicated upon the civil liability provisions of the U.S. federal securities laws. Colombian courts determine whether to enforce a U.S. judgment predicated on the U.S. securities laws through a procedural system known asexequatur. For a description of these limitations, see the sectionShareholder Information—Enforcement of Civil Liabilities.

 

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The protections afforded to minority shareholders in Colombia are different from those in the United States, and may be difficult to enforce.

 

Under Colombian law, the protections afforded to minority shareholders are different from those in the United States. In particular, the legal framework with respect to shareholder disputes is substantially different under Colombian law than U.S. law and there are different procedural requirements for commencing shareholder lawsuits, such as shareholder derivative suits. As a result, it may be more difficult for our minority shareholders to enforce their rights against us or our Directors or controlling shareholder than it would be for shareholders of a U.S. company.

 

ADRs do not have the same tax treatment as other equity investments in Colombia.

 

Although ADRs represent Ecopetrol’s common shares, for Colombian tax purposes, ADRs are securities different from their underlying assets. Therefore, ADR holders are not entitled to the tax treatment granted to holders of the common shares. Such tax treatment includes, among others, those benefits relating to dividends and profits derived from sale of Colombian common shares. For further information see the sectionShareholder Information—Taxation—Colombian Tax Considerations.

 

Judgments of Colombian courts with respect to our ADSs will be payable only in Colombian Pesos.

 

If proceedings are brought in the courts of Colombia seeking to enforce the rights of ADS holders of common shares, we will be required to discharge our obligation amounts in Colombian Pesos. Colombian law provides that an obligation in Colombia to pay amounts denominated in foreign currency may only be satisfied in Colombian currency at the Representative Market Exchange Rate of the date the judgment is obtained, and such amounts are then adjusted to reflect exchange rate variations through the effective payment date.

 

The relative volatility and illiquidity of the Colombian securities markets may substantially limit our investors’ ability to sell our ADSs at the price and time they desire.

 

Investing in securities that are traded in emerging markets, such as Colombia, often involves greater risk when compared with other world markets, and these investments are generally considered to be more speculative in nature.

 

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The Colombian securities market is substantially smaller, less liquid, more concentrated and can be more volatile than other securities markets in the United States. As of December 31, 2016,2017, the Colombian Stock Exchange (Bolsa de Valores de ColombiaI,or “BVC”(“BVC”) had a market capitalization of approximately COP$311,384363,843 billion (US$103,770 million121.93 billion using the closing rate for 2016)2017), a 12%17% increase when compared with the amount at the end of 2015,2016, a daily average trading volume of approximately COP$194,116138,631 million (US$64.6946.99 million, using the average exchange rate for 2016)2017), a 42% increase29% decrease when compared with the volume in 2015.2016. By comparison, the New York Stock Exchange (the “NYSE”) had a market capitalization of US$19.622.1 trillion as of December 31, 2016,2017, and a daily trading volume of approximately US$68.932.8 billion in 2016.2017.

 

As of December 31, 2016,2017, our shares represented the highest market capitalization of the BVC accounting for as of 7.6%8.9% of the total COLCAP index, which reflects the price volatility of the 20 most-liquid stocks.

 

Given the current ownership structure of our shares, it may be difficult for you to purchase large quantities of shares from a single shareholder. We cannot assure you that a liquid trading market for our ADSs will develop or, if developed, that it will be maintained. Without a liquid trading market, the ability of investors in our ADSs to sell them at the desired price and time could be substantially limited.

 

We are not required to disclose as much information to investors as a U.S. issuer is required to disclose.

 

We are subject to the reporting requirements of the Superintendence of Finance and the BVC.BVC - (Colombian Stock Exchange). The corporate disclosure requirements that apply to us may not be equivalent to the disclosure requirements that apply to a U.S. issuer and, as a result, you may receive less interim information about us than you would receive from a U.S. issuer.

 

5.1.5       Risks Related to the Controlling Shareholder

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5.1.5Risks Related to State Ownership

 

Our controlling shareholder’s interests may be different from those of ourcertain minority shareholders.

 

Colombian Law 1118 of 2006 requires the Nation to maintain the majorityat least 80% of our outstanding capital stock. The Nation currently holds 88.49%88.49 % of our outstanding capital stock, making it our controlling shareholder. The Nation as our controlling shareholder has majority voting rights at the shareholders’ meetingGeneral Shareholders Assembly to elect the members of our Board of Directors. The Nation, as controlling shareholder, may propose and approve decisions that are in its own interest and in furtherance of its own economic and political interests that domay not necessarily benefit minority shareholders.

 

Our controlling shareholder may approve dividends at the ordinary general shareholders’ meeting,General Shareholders Assembly, notwithstanding the interest of certain minority shareholders, in an amount that results in us having to reduce our capital expenditures or increase our debt levels, thereby negatively affecting our prospects, results of operations and financial condition. See the sectionShareholder Information—Dividend Policy.

 

Additionally, given our controlling shareholder’s interests, itshareholder may undertake projects, approve decisions or make announcements about its intentions related to its holding of our capitalthe Company’s stock, which may not be in our best interest or in the best interest of our minority shareholders, including holders of our ADSs, and could impactaffect the price of our shares or ADSs.

 

5.2Risk Management

5.2       Risk Management

 

5.2.1Managing Risk through our Internal Control System

5.2.1       Managing Risk through Our Internal Control System

 

Under the leadership of the Vice-Presidency of Compliance, Ecopetrol S.A. consolidated its internal control systems into an unified system that integrates the best practices called for by the Committee of Sponsoring Organizations of the Treadway Commission (COSO 2013), Sarbanes–Oxley Act (SOX), governance and management of enterprise IT (COBIT), Enterprise Risk Management (ERM) and our ethics and compliance rules, with the aim of establishing an integrated management system for all control components; thereby allowing us to strengthen all of our control system.

 

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The main purpose of the Ecopetrol S.A.’s Internal Control System is to provide reasonable assurance regarding the achievement of all of the Company’s objective relating to operations, strategy, reporting and compliance, through the appropriate risks management and ensuring the effectiveness of its controls. The system performance is systematically monitored by the Board of Directors semiannually.semiannually and by the Audit and Risk Committee monthly.

 

Ecopetrol S.A.’s Internal Control System is aligned to the Company’s strategy and business processes and gives responsibility to all employees to manage risk, to maintain the effectiveness of controls, to report incidents andin order to preventively correct possible deficiencies and to ensure continuous improvementprovide reasonable assurance of processes.achieving corporate objectives and goals.

 

The risk management component of our Internal Control System is in charge of identifying events or situations that may affect our defined objectives, assessing and prioritizing them to implement the most appropriate response. This component has been designed and implemented across the organization, with a two-level focus: Enterprise Risk and Processes Risks.

 

(i)Enterprise Risks: Are those risks that are directly associated with the business strategy plan of the Company and are systematically monitored by the Management Committee on a monthly basis. The management of those risks is led by a member of the Management Committee; and each risk has a defined treatment plan and monitoring indicators.

 

(ii)Processes Risks: Are those risks that tend to identify potential failures in the activities related to our core and support business processes that drive us to achieve our strategic objectives. At this level, each process has its ownour processes have identified risks with their respective mitigation methods, including financial and non-financial control,controls, treatment plans and/or monitoring indicators.

 

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Our risk management approach is based aroundon the risk management cycle, consisting in five main stages: planning, identifying, evaluating, treatment and monitoring risks, as well as communication across all stages. This cycle is supported in three pillars of risk management: culture, organizational structure and normative and management tools.

 

Three of our most important tools within the risk management component are:

 

(i)Risk Assessment Methodology: In order to properly prioritize mitigation, treatment and monitoring efforts of risk management at the process level, a standardized methodology was established to assess inherent and residual risk levels. The risk level (Very High, High, Medium, Low or None) is obtained from the combination of the consequences (impacts) and the probability of occurrence of those consequences. According with the level of risk, action plans for management and mitigation are defined.

 

(ii)Mitigation Plans: Each year, inby performing the stages of the risk management cycle, we define and implement mitigation plans in order to reduce the levels of exposure to risk through mitigation or elimination of some of its causes. Metrics and goals must be defined during the development of each plan to ensure its effectiveness and to prioritize our efforts on those with the greatest impacts.

 

(iii)Monitoring Indicators: As part of the monitoring stage of the risk management cycle, Ecopetrol has implemented Key Risk Indicators (KRIs) which are metrics used to provide early signals of increasing risk exposures. These signals constitute information for proactivepreventative decision making in order to avoid risk materialization.

 

Ecopetrol has also defined guidelines and minimum requirements to implement an Internal Control System framework for its subsidiaries. These guidelines provide different classifications according to three important variables: the size of the organizational structure, the scope of SOX and the asset value of each subsidiary. The classification of each subsidiary determines the scope of implementation (Basic, Intermediate and Complete) of our Internal Control System. Under those guidelines, each subsidiary must report the performance of its performance to its enterprise management committee, audit committee, or board of directors (or whoever is acting on their behalf). In addition, they have to report it annuallyInternal Control System to Ecopetrol S.A. Toto ensure compliance with the above measures, and the subsidiaries have methodological support from Ecopetrol S.A. when it is requested. Ecopetrol S.A. also performs preventive monitoring in selected subsidiaries to assure all the components and principles of their Internal Control Systems are present and operating.

 

5.2.2112Managing Information Security and Cybersecurity

5.2.2       Managing Information Security and Cybersecurity

 

Ecopetrol S.A. has a dedicated management team focused on information security issues such as risk analysis, treatment of information, safe information management practices, classification of critical business information, control systems compliance and effectiveness of available information security technologies, all of which are articulated with the ERM system at the enterprise level.

 

Ecopetrol S.A. has included cybersecurity risk as one of the key enterprise risks. Based on that, a working group formed in 2014, coordinated by the information security area with the participation of industrial control systems specialists, has been understanding the new challenges of cybersecurity risk; developing activities to identify and protect critical digital assets and its security threats. assets.

During 2016,2017, Ecopetrol S.A., as a NOC (National Oil Company), reportedprovided updates to the Cyber Defense Command Unit (Comando Conjunto Cibernético, an(an entity under the control of the Colombian Ministry of Defense) the first basican inventory of its critical cybernetic infrastructure to bethat was included in the classified catalogue of national critical cybernetic infrastructure.

 

Although Ecopetrol S.A. is still at an early stage of managing itsEcopetrol’s cybersecurity risks, the working group has developed some activities in orderteam established a plan to advance incontinue the incorporation of cybersecurity practices to enhance the awareness about these risks at an operational level and adjust current information security practices considering the new cyberthreat context. Likewise, as a result of this process, we are currently incorporatingcontinuing the incorporation of elements relative to management of the cyber security threat, including, among others, policies, cybersecurity insurance coverage, and specialized monitoring and control mechanisms.mechanisms, vulnerability management, and cybersecurity insurance coverage, among others.

 

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Currently, Ecopetrol S.A. has incorporated a Security Operations Center service, which enhances ourin order to enhance the ability to foresee and identify trends in attacks in Ecopetrol S.A.’s information technology infrastructure and to monitor Ecopetrol’s reputation on the internet.

 

5.2.3Managing Financial Risk

While there were some cyberattacks during 2017, there were no material effects on processes, equipment, products, services, relationships with customers or suppliers, competitive conditions or critical information. Ecopetrol S.A. does not have any current proceedings that relate to cybersecurity issues.

Furthermore, during 2017, our internal audit department conducted an audit on cybersecurity processes with an emphasis on the production area. As a result of such audit, an action plan was established to be implemented in 2018. The primary goal of the plan is to reinforce our cybersecurity strategy and refine certain technical components of our cybersecurity program.

5.2.3       Managing Financial Risk

 

We are exposed to certain risks associated with the nature of our operations and the financial instruments we use. Among the risks that affect our financial assets, liabilities and expected future cash flows are changes in commodity prices, currency exchange rates, interest rates and the credit quality of our counterparties.

 

Commodity price risk is associated with our day-to-day operations as we export and import crude oil, natural gas and refined products. We occasionally use hedges to partially protect our financial results from price fluctuations taking into account that part of our financial exposure under purchase contracts for crude oil and refined products depends on international oil prices. We believe that the risk of such exposure is partially naturally hedged since we are an integrated group (with operations in the upstream, midstream and downstream segments) and either export crude oil at international market prices or sell refined products at prices that are correlated to international market prices. We do not use derivative financial instruments for speculative or profit-generating purposes.

 

Currency risk arises in our operations given the fact that most of our revenues are derived from sales of products quoted in or with reference to U.S. dollars. Therefore when the Colombian Peso depreciates against the U.S. dollar, our revenues converted into Colombian Pesos, increase. Conversely, when the Colombian Peso appreciates against the U.S. dollar, our revenues decrease. On the other hand, imported goods, oil services and the debt, which is mainly denominated in U.S. dollars, become less expensive when the Colombian Peso appreciates against the U.S. dollar and more expensive when the Colombian Peso depreciates against the U.S. dollar.

 

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As of December 31, 20162017 our U.S. dollar-denominated total debt was US$15.212.6 billion, which we recognize in our consolidated financial statements at its amortized cost, which corresponds to the present value of cash flows, discounted at the effective interest rate. Out of this total, US$1212.0 billion relate to Ecopetrol S.A., whose functional currency is the Colombian Peso. Therefore, when the Colombian Peso depreciates against the U.S. dollar, Ecopetrol S.A. is exposed to an exchange rate loss. In contrast, when the Colombian Peso appreciates against the U.S. dollar, Ecopetrol S.A. is exposed to an exchange rate gain. Some of the Ecopetrol Group’s subsidiaries have the U.S. dollar as functional currency and are not exposed to a material exchange rate risk resulting from fluctuations in the Colombian Peso against the U.S. dollar. On the asset side, when the financial statements of the Group are consolidated, the exchange rate differential of the subsidiaries’ assets and liabilities whose functional currency is the U.S. dollar is recognized directly in equity, as part of other comprehensive income.

 

Taking previous considerations into account, Ecopetrol seeks to identify and manage currency risk in a comprehensive manner, using an integrated analysis of natural hedges in order to benefit from the correlation between income or investments in a foreign operations and debt denominated in foreign currency. In addition, the risk management strategy of the Company may involve the use of financial derivative instruments, and non-derivative financial instruments. On October 1, 2015, Ecopetrol S.A. adopted hedge accounting asAs a part of its risk management strategy, using the natural hedge between exports and dollar-denominated debt.debt, on October 1, 2015, US$5.4 billion of Ecopetrol S.A.’s debt in U.S. dollars was designated as hedge instrument of its future export sales for the period 2015 – 2023. On June 8, 2016, Ecopetrol S.A. continued its hedge accounting strategy, using the natural hedge between some of its foreign investments and its dollar-denominated debt in an amount of US$5.2 billion. As of December 31, 2017, the outstanding value of the natural accounting hedges was US$8.5 billion. The remaining portion 12% of Ecopetrol S.A.’sour dollar-denominated debt, as well as the financial assets and liabilities denominated in foreign currency continue to be exposed to the fluctuation of the exchange rate, which means that an appreciation of the Colombian peso against the U.SU.S. dollar could generate a loss if companies whose functional currency is the Colombian peso have an active net position in U.S. dollars or a gain if they have a net liability position in U.S. dollars. Conversely, a depreciation of the Colombian peso against the U.S. dollar could generate a gain if companies whose functional currency is the Colombian peso have a net active position in U.S. dollars or a loss if they have a net liability position in U.S. dollars. Finally, the Company maintains enough cash in Colombian pesos and U.S. dollars to meet its expenses in each currency (see Note 4.1.5 to our financial statements for further explanation of theour accounting policy and Note 31.230.2 for details of the hedge accounting adopted). With the adoption of hedge accounting, the effect of volatility of foreign exchange rate on the hedged portion of the debt is recognized directly in equity, as part of other comprehensive income. Our hedge management strategy is completely focused on our accounting, reason why the ultimate effect will only be determined when the hedge operations come to an end. Nevertheless, it is important to bear in mind that for Ecopetrol S.A’s cash flow, the effect of the Colombian peso appreciation against the U.SU.S. dollar is positive given the fact that we habitually convert our income in foreign currency to Colombian pesos.

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Interest rate risk arises from our exposure to changes in interest rates mainly as a result of the issuances of floating rate debt linked to LIBOR, DTF and CPI (with a participation of 18.9%5.2%, 8.2%8.7% and 3.5%3.9%, respectively, of the nominal debt balance as of December 31, 2016)2017). Thus, volatility in interest rates may affect the fair value of and cash flows related to our investments and floating rate debt. In 2016,2017, our analysis of credit risk events and global financial markets drove us to decide not to hedge interest rate risk. Nevertheless, our treasurycapital markets office continuously monitors the performance of interest rates and the effect of interest rates on our financial statements.

 

The trust funds linked to Ecopetrol S.A.’s pension obligations (PAP) are also exposed to changes in interest rates, as they include fixed- and floating-rate instruments that are mark to market. This exposure is continuously monitored by our treasury office given the potential impact volatility may have on our financial results. The treasury office’s information is gathered from reports provided by the asset managers. These reports refer to regulatory limits as well as market, credit and liquidity risks. The investment guidelines with respect to the PAPs are issued by the Colombian regulation for pension funds, as stipulated in the Decree 941 of 2002 and Decree 1861 of 2012, where it is indicated that they have to follow the same regime as the regular obligatory pension funds in their moderate (i.e., neither conservative nor aggressive) portfolio. For further information regarding the trust funds linked to the pension obligations of the company, see Note 22.2 Plan assets to our consolidated financial statements.

 

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Finally, counterparty risk is the potential probability that a borrower or counterparty defaults on any obligation. In our case, we are exposed to this risk as we invest in different financial instruments and receive letters of credit in order to mitigate our exposure with our commercial counterparties. We manage this risk through an analysis of an issuer’s creditworthiness, stock price behavior, spreads on credit default swaps and the probability of default.

 

Investment Guidelines

 

Ecopetrol S.A.

 

Following the promulgation of Decree 1525 of 2008, which provides general rules on investments for public entities, Ecopetrol S.A.’s management established guidelines for our investment portfolios. These guidelines determine that investments in Ecopetrol S.A.’s U.S. dollar portfolio are generally limited to investments of our excess cash in fixed-income securities issued by entities rated A or higher in the long term and A1/P1/F1 or higher in the short term (international scale) by Standard & Poor’s Ratings Services, Moody’s Investors Service or Fitch Ratings. In addition, Ecopetrol S.A. may also invest in securities issued or guaranteed by the U.S. government or Colombian government, without regard to the ratings assigned to such securities. In Ecopetrol S.A.’s Colombian Peso portfolio, it must invest our excess cash in fixed-income securities of issuers rated AAA in the long term, and F1+/BRC1+ in the short term (local scale) by Fitch Ratings Colombia or BRC Standard & Poor’s. In addition, Ecopetrol S.A. may also invest in securities issued or guaranteed by the Colombian government without rating restrictions.

 

In order to diversify risk in our Colombian Peso portfolio, Ecopetrol S.A. does not invest more than 10% of the excess of cash in one specific issuer. In the case of our U.S. dollar portfolio, it does not invest more than 5% of the excess of cash in one specific issuer in the short term (up to one year), or 1% in the long term.

 

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Ecopetrol S.A.’s investment portfolio in U.S. dollars is segmented into four tranches, each one matching our liquidity needs. The working capital tranche is calculated taking into account our cash flow needs for the next 60 days. The liquidity tranche is calculated as the contingent cash flow needs over the working capital, taking into account the development of capital expenditures related to projects. The asset liability tranche is built to match our long-term debt. The investment tranche includes the remaining amount of the total portfolio after deducting the amounts pertaining to the above mentioned tranches and after subtracting the Colombian Peso portfolio.

 

Ecopetrol S.A.’s investment portfolio in Colombian Pesos is segmented in two tranches, each one matching our liquidity needs. The first tranche is calculated taking into account our cash flow needs for the next 30 days, and the second tranche is built for investment purposes.

 

5.3Legal Proceedings and Related Matters

5.3       Legal Proceedings and Related Matters

 

We are a party to various legal proceedings in the ordinary course of business. Other than the proceedings disclosed in this annual report, we are not involved in any pending (or, to our knowledge, threatened) litigation or arbitration proceeding that we believe will have a material adverse effect on our Company. Other legal proceedings that are pending against or involve us and our subsidiaries are incidental to the conduct of our and their business. We believe that the ultimate disposition of such other proceedings individually or in an aggregate basis will not have a material adverse effect on our consolidated financial condition or results of operations.

 

As of December 31, 2016,2017, Ecopetrol S.A. was a party to 27743,169 legal proceedings relating to civil, administrative, environmental, tax and labor claims filed against us in the Colombian courts and arbitration tribunals, of which 341396 had an accrual provision. We allocate sufficient amounts of money and time to defend these claims. Historically, we have been successful in defending lawsuits filed against us. Other than the environmental administrative proceedings described in the last paragraph of this section, based on the advice of our legal advisors, it is reasonable to assume that the litigation procedures brought against us will not materially affect our financial position or solvency regardless of the outcome. See Note 23 – Accrued liabilities and provisions to our consolidated financial statements included in this annual report for a discussion of our legal proceedings.

 

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Caño Limón – Coveñas Crude Oil Pipeline Spill

 

On December 11, 2011, the Caño Limón-Coveñas oil pipeline ruptured and caused the spill of approximately 3,267 barrels of crude oil into the Iscala creek, which connects with the Pamplonita River that provides water to the city of Cúcuta. The incident did not cause any fatalities or injuries.

 

A class action lawsuit has been filed against Ecopetrol S.A. and against employees of the company, and the First Administrative Court of Cucuta has jurisdiction to conduct the case, which is in the probatory stage.

 

The Regional Environmental authority of Norte de Santander, or CoporacióCorporación Autónoma Regional de la Frontera Nororiental (CORPONOR) has filed a lawsuit against Ecopetrol at the First Administrative Court of CucutaNorte de Santander claiming for (i) the environmental loss caused by the incident and (ii) for compensation costs relating to the environment damage for approximately COP$33 billion. Ecopetrol’s legal counsel filed to dismiss the lawsuit on June 2, 2014, based on three grounds: (i) there is no proof of environmental loss, (ii) CORPONOR does not have the authority to file this lawsuit and (iii) CORPONOR’s petition for direct compensation is not the proper legal action according to the applicable procedural rules. Currently this lawsuit is in probatory stage.

 

Ecopetrol and national and local authorities are developingconvened to develop a project for the developmentconsisting of an alternative to the water supply in the intake of the aqueduct in Cúcuta, which was approved by theThe Company’s Board of Directors in December 2011 approved the participation of Ecopetrol in the project as part of the strengthening of its contingency plans and its relationship with its stakeholders. Currently local authorities are attemptingOn November 10, 2017, the relevant parties entered into an agreement with the purpose of building the alternative water supply at a cost of approximately COP$385 billion. According to acquire the necessary economic resources foragreement Ecopetrol will be in charge of the project and Ecopetrol has finalizedconstruction of the basic and detailed engineering.above mentioned infrastructure.

 

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BT Energy Challenger

 

On October 22, 2014, we were served with a class action suit against us seeking monetary damages of approximately COP$7.4 trillion related to an incident that occurred on August 21, 2014, during the loading operations of the BT Energy Challenger vessel. The claimants alleged possible damage to the port area of Ecopetrol’s terminal in Coveñas, as well as of marine and submarine areas and beaches that form the geographical area of the Morrosquillo Gulf. This allegation is currently under investigation by the Harbor Master of Coveñas. Ecopetrol filed a motion requesting the judge to require the claimants to amend their claim to more precisely set forth the facts and evidence it believes establishes Ecopetrol’s liability.

 

On March 3, 2015, Ecopetrol filed its statement of defense arguing the exclusive fault of a third party. On October 20, 2015, the Court denied a class action of more than 100 informal traders in the region because there is no common identity with the initial class (hotel employees). However, during 2016 the Sucre Administrative Tribunal accepted another 1208 informal traders and fishermen as claimants.

 

On March 10, 2017, a mandatory conciliatory hearing was held in order to seek an agreement but it was declared unsuccessful.failed.

 

In January 2018, a judicial order was issued to commence the evidence gathering process, a decision which was objected by the parties.

PetroTiger

 

As highlighted in previous 20-F and 6-K filings, on January 6, 2014, the United States Department of Justice (DOJ) announced the unsealing of charges against two former co-chief executive officers (CEOs) and the former general counsel of PetroTiger Ltd. (PetroTiger), alleging, among other things, violations of the U.S. Foreign Corrupt Practices Act (FCPA) and conspiracy to commit violations of the FCPA and money laundering in connection with payments made to an Ecopetrol employee. By the time of the DOJ announcement, that employee no longer worked at the Company. The DOJ alleged the payments were made to secure Ecopetrol’s approval for PetroTiger’s entry into an oil services contract with Mansarovar Energy Colombia Ltd. Ecopetrol participated in the Mansarovar project as non-operating partner in a joint operating agreement. Also on January 6, 2014, the DOJ announced that the general counsel of PetroTiger had pled guilty on November 8, 2013, to one count of conspiracy to violate the FCPA and to commit wire fraud. One of the charged former co-CEOs pleaded guilty on February 18, 2014, to the same charge. On May 9, 2014, the DOJ charged the other former co-CEO with conspiracy to violate the anti-bribery provisions of the FCPA, conspiracy to commit wire fraud, conspiracy to launder money, and substantive FCPA anti-bribery and money laundering violations. On June 15, 2015, that co-CEO pleaded guilty to conspiracy to violate the FCPA.

 

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After the DOJ unsealed its charges on January 6, 2014, Ecopetrol filed a complaint the same month, jointly with the Transparency Secretariat of the Presidency of the Republic, to Colombia’s Attorney General’s office requesting the investigation of individuals who may have been involved in the wrongdoing related to the Mansarovar contract. Colombian authorities initiated a proceeding related to PetroTiger, and on March 11, 2015, arrested four current Ecopetrol employees and two former Ecopetrol employees related to their investigation of the Mansarovar project and five other contracts involving PetroTiger and Ecopetrol. To date, four investigations of the control entities investigations are ongoing. Throughout 2016, Colombiacontinue in course. During 2017 and 2018 to date, Colombian authorities issued several judgmentshave resolved an appeal confirming the conviction of a former Ecopetrol employee and another person involved in connectionthe case but not linked with former PetroTiger directors, a retired employee ofEcopetrol. Likewise, another appeal submitted by Ecopetrol and other persons involved.the Prosecutor’s Office is in progress in a case in which a former Ecopetrol employee was acquitted.

 

Ecopetrol has responded to information requests from the DOJ and Colombian authorities in connection with their investigations of PetroTiger. Ecopetrol has been designated with the formal status of victim in the local Colombian proceedings. It has terminated the employment of the four charged individuals who were Ecopetrol employees at the time of the arrests. Ecopetrol has concluded an internal investigation and has not identified any new issues relating to PetroTiger.

 

Salgar-Cartago Multipurpose Pipeline Spill

 

On December 23, 2011 our Salgar-Cartago pipeline ruptured. Internal and external experts believe this incident occurred as a result of creep movement of soil caused by severe weather conditions, causing the soil surrounding the pipeline to exert strong pressure on the pipeline and rupture it. As of the date of this annual report, 1310 lawsuits related to this incident are active for an approximately worth of COP$16.27.8 billion.

 

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Environmental Administrative Proceedings

 

As of December 2016,2017, Ecopetrol S.A. was party to 209215 environmental administrative proceedings, of which 193197 were initiated before 2015,2017, and 1618 during 2016.2017. During 2016, six2017, 5 proceedings were concluded, in four3 of them we were subject to monetary fines through Resolutions Corporinoquía Resolution 200.41-16-0551 ofissued in 2017; DTP 1330 October 5, DGL 796, September and DGL 411 May 3, 2016, Corporinoquía Resolution 200.41-16-0873 of July 18, 2016, Cam Resolution 2134 of July 25, 2016 and Corpoamazonía Resolution 1162 of September 9, 2016.10. However, these fourlast two proceedings were suspended due to the replenishment of resources. It is not possible for us to determine whether the pending proceedings could have a material effect on Ecopetrol.

 

Reficar Investigations

 

EcopetrolReficar is a corporationwholly owned subsidiary of Ecopetrol. According to Colombian regulations, Ecopetrol’s and Reficar’s employees are considered public servants, and as such can be held liable for negligent use or management of public resources. In this context, given that Ecopetrol is majority owned by the Colombian Government that administers public resources and Reficar is a wholly owned subsidiary of Ecopetrol. Ecopetrol’s employees have a statutory responsibility to ensure the proper use of public resources. Reficar’s employees also have a duty for proper management ofEcopetrol, Ecopetrol and Reficar administer public resources.

 

The conduct of Ecopetrol’sAs a result, Ecopetrol and Reficar’sReficar employees are generally subject to the control and supervision of the following control entities, among others:

 

·The Office of the Comptroller General (Contraloría General de la República) isoversees the state entity entrusted to ensure the properadequate use of public resources and has the authority to investigate public employees or private sector employees that use or manage public resources.

 

·The Attorney General’s Office (Procuraduría General de la Nación) is the entity that supervises compliance with applicable law by public employees and private sector employees that carry out public functions. The Attorney General’s Office has the responsibilityinvestigates and disciplines individuals for investigating and disciplining individuals in respect of any failure to so comply.compliance failures.

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·The Prosecutor’s Office (Fiscalía General de la Nación) is the entity in charge of investigatinginvestigates potential crimes and prosecutingprosecutes alleged crimes before the court in judicial proceedings.

 

The following are the most significant investigations and proceedings carried out by the aforementioned state entities:

 

1.The Office of the Comptroller General’s investigations and proceedings:proceedings:

 

As a resultBecause of the modifications of the schedule and budget related to Reficar’s expansion and modernization project (the “Project”), the Office of the Comptroller General Comptroller initiated a special audit investigation of the Project in 2016 and delivered a final report to Reficar on December 5, 2016. The report made 36 findings most of which were related to increased costs compared to budget for services, labor and materials. As required, on January 18, 2017, Reficar submitted an action plan exposing and addressing the 36 findings in the following areas: (i) contract management, (ii) supervision of engineering standards contracted with third parties, and (iii) documentation of the control, reporting and monitoring mechanisms of subcontracts.

 

As a result of the findings described above the Office of the General Comptroller recentlyGeneral opened actions for financial responsibility (proceso de responsabilidad fiscal)fiscal) against 36 individuals and the six companies involved in the Project, including current and former members of Ecopetrol’s Board of Directors; former members of Reficar’s Board of Directors; current and former employees of Ecopetrol; and former employees of Reficar, as well as Chicago Bridge & Iron Company N.V., CBI - Chicago Bridge & Iron company (CB&I) Americas Ltd., Chicago Bridge & Iron Company CB&I UK Limited, CBI Colombiana S.A., Foster Wheeler USA Corporation and Process Consultants Inc. The

One current membersmember of Ecopetrol’s board and senior management subject to these proceedings are Juan Carlos Echeverry Garzón, Chief Executive Officer; andBoard of Directors, Joaquín Moreno Uribe, Horacio Ferreira and Mauricio Cárdenas Santamaría, all of them membersis being investigated in these proceedings.

These actions were initiated based on the Office of the Board of Directors. These actions pertain to an eventual reduction of the value of state assets due to aComptroller General’s theory that lower than expected profitability at Reficar as a result of thecould have been caused by modifications ofto the schedule, and for the increase of the budget of the project.

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On January 2017, the Office of the General Comptroller initiated another special audit in Reficar.Project. As of the date of this annual report, Reficar has no liability under this proceeding.

While the content and status of the investigations remains confidential, we can report that Reficar and several of its employees have cooperated with and provided the information required by the department of the Office of the Comptroller General in charge of leading the investigation.

In January 2017, the Office of the Comptroller General initiated another special audit is in its preliminary stage.Reficar and delivered a final report to Reficar on July 12, 2017. In this report the Office of the Comptroller General concluded that, in their opinion, Reficar’s 2016 Financial Statements do not reasonably represent, in all material aspects, the entity’s financial position as of December 31, 2016.

On February 2, 2018, the Legal Accounts Commission of the National House of Representatives of the Republic of Colombia informed Reficar that the House of Representatives decided, through Resolution No. 2713, that it would not close the General Budget, Treasury Account or the National Balance Sheet for the 2016 fiscal year, since the 2016 Financial Statements of several state entities, among them Reficar, had received a negative opinion from the Office of the Comptroller General. Pursuant to Resolution No. 2713, Colombian control entities have been ordered to initiate disciplinary, fiscal and/or penal investigations.

Reficar’s external auditors issued an unqualified opinion on Reficar’s financial position as of December 31, 2016 and 2017. As of the date of this annual report, such auditors have not informed Reficar that there has been any change to their opinion.

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2.The Attorney General’s Office investigations:investigations:

 

TheReficar has been officially informed that the Attorney General’s Office currently has twoone ongoing investigationsinvestigation relating to the Project: (i) the first,Project. The investigation initiated in 2012 against members of Reficar’s Board of Directors at the time, as well as certain current and former officers of Reficar; and (ii)Reficar.

On September 12, 2017 the Attorney General’s Office issued a more recent investigation regarding delayslist of charges related to the failure to fulfill some of their duties as administrators and/or for acting “ultra vires” in the completionexercise of their functions against: (i) Javier Genaro Gutiérrez (Ecopetrol CEO, 2007-2015); (ii) Felipe Laverde (Reficar General Counsel, 2009-March 2017); (iii) Pedro Rosales (Ecopetrol Downstream Executive Vice President, 2008-2015); (iv) Diana Constanza Calixto (Ecopetrol Head of the Project, focusing onCorporate Finance Unit, 2009-2014) and (vi) Reyes Reinoso Yañez (Reficar CEO, 2012-2016). The Attorney General’s Office closed the rolecase against the rest of the members of Reficar’s Board of Directors and the rest of the current and former officers of Ecopetrol, as well as current and former members of Ecopetrol’s Board of Directors.Reficar.

 

3.The Prosecutor’s Office investigations:investigations:

 

The Prosecutor’s Office is conducting a confidentialan investigation. In connection therewith, on April 27,between July 25 and August 2, 2017 the Prosecutor’s Office announced in a press release its intentionindicted the following individuals with charges, the majority of which are related to pursue charges foroffenses against the alleged crimes of document forgery,public administration and illegal interest in the execution of agreements, misappropriation of public funds and unjust enrichment against: (i) four former executives and officials of Ecopetrol and Reficar (ii) one current employee of Ecopetrol who was assigned to work in Reficar between 2012 and 2016, (iii) two executives of CB&I and (iv) Reficar’s statutory auditor from 2013-2015. According to the announcement the total amount involved in the alleged charges is estimated at COP 610 billion pesos (equivalent to approximately US$ 209 million at the Representative Exchange Rate as of May 26, 2017 of COP 2,911.66 per US$).agreements:

 

The Ecopetrol and Reficar executives and officials are:(i) Orlando José Cabrales Martínez (Reficar CEO, 2009-12)2009-2012); (ii) Reyes Reinoso Yañez (Reficar CEO, 2012-16), current employee of Ecopetrol;2012-2016); (iii) Felipe Laverde Concha (Reficar General Counsel, 2009-March 2017); (iv) Pedro Alfonso Rosales Navarro (Ecopetrol Downstream Executive Vice President, 2008-15)2008-2015); (v) Masoud Deidehban (CBI Executive Project Director); (vi) Phillip Asherman (CBI CEO) and Nicolás Isaksson Palacios (Reficar Lead Legal Counsel, 2013-January 2017).(vii) Carlos Lloreda (Reficar’s statutory auditor from 2013-2015.)

 

The arraignment hearing is scheduled to take place on May 30, 2018.

Prosecutor’s Office has not yet made public the factual basis for such charges, and accordingly we are not in a position to predict the outcome of the Prosecutor’s Office’s investigation or the disposition of any charges thatof the Prosecutor’s Office may bring. charges.

As of the date of this annual report, to the best of Ecopetrol’s knowledge, the financial statements continue to fairly represent the financial and operational condition of the Company in all material aspects and its internal controls remain effective.

 

In the press release, the Prosecutor’s Office also announced that in order to conclude the next phases of the investigation, related to, among others, the selection of the strategic partner, the exit of Glencore and the selection of the contractor, it would be interviewing executives of Ecopetrol, Reficar, Glencore and the supervisory joint venture conformed by Foster Wheeler USA Corporation and Process Consultants Inc.

In connection with the Prosecutor’s Office press release, on May 9, 2017, the Audit Committee of the Board of Directors retained a U.S.-based outside law firm to commence a third-party investigation into the matters set forth in the Prosecutor’s Office announcement.

Ecopetrol and Reficar have cooperated closely and extensively with the control entities in furthering their investigations and will continue to monitor the status and development of these investigations.

 

Additionally, on May 9, 2017, Ecopetrol’s Audit and Risk Committee retained a U.S.-based outside law firm to commence a third-party investigation into the matters set forth in the Prosecutor’s Office announcement. The results were presented in December 2017 to Ecopetrol’s Audit and Risk Committee. This investigation concluded that to date there has been no evidence of possible unlawful acts that affect Ecopetrol’s internal control over the financial reporting of the Company, on the allegations made by the Prosecutor’s Office.

In March 2016, Reficar filed a Request for Arbitration before the International Chamber of Commerce (the “ICC”), against Chicago Bridge & Iron Company N.V., CB&I (UK) Limited, and CBI Colombiana S.A. with respect(jointly, “CB&I”) concerning a dispute related to the Engineering, Procurement, and Construction ContractAgreements entered into by and between Reficar and CB&I for the expansion of the Cartagena Refinery in Cartagena, Colombia.  Reficar is the Claimant in the ICC arbitration proceeding and seeks no less than US$2 billion in damages plus lost profits from CB&I.profits.  On May 25, 2016, CB&I filed an answerits Answer to the Request for Arbitration and counterclaim ofCounterclaim for approximately USD $213US$106 million and COP$324,052 million.  On June 27, 2016, Reficar filed its reply to CB&I’s counterclaim denying any liability toand disputing the declarations and relief requested by CB&I.  On April 28, 2017, Reficar submitted its Non-Exhaustive Statement of Claim and CB&I submitted its Statement of Counterclaim. Counterclaim increasing its claims to approximately US$116 million and COP$387,558 million. On March 16, 2018, CB&I submitted its Exhaustive Statement of Counterclaim further increasing its claims to approximately US$129 million and COP$432,303 million (including interests).

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The ICC proceedinghearing before the tribunal is currently in its preliminary stage and is scheduled for a hearing in October 2018. The2019. At the conclusion of which the tribunal would render its final decision on Reficar’s and CB&I’s claims. Until then, the outcome of these actionsthis arbitration is unknown.

Bioenergy Special Audit

 

The Office of the Comptroller General, Comptroller, in exercise of its fiscal monitoring duties and authority as set forth in Article 267 of the Political Constitution, and the law, has undertaken audits of the performance of the Bioenergy S.AS.A.S. and Bioenergy Zona Franca S.A.S. investments.

 

On February 6, 2017 the Office of the Comptroller General Comptroller initiated a Special Intervention (Special Audit) in order to evaluate the use of public funds in the project carried out by Bioenergy Zona Franca S.A.S. and Bioenergy S.A. The Company is cooperatingOn July 10, 2017 the Office of the Comptroller General issued its final report with 15 findings related to: (i) acquisition, lease payments and the use of agricultural lands, (ii) loss of profits due to the project´s delay; and (iii) execution of contracts related with the oversightbuilding, commissioning and control entitiesstart-up of the industrial plant and the agricultural component of the project. As required, Bioenergy has respondedcommenced a remediation plan to address the information requirements that have been requested to date.findings.

6.Shareholder Information

 

6.16.Shareholders’ General AssemblyShareholder Information

6.1       Shareholders’ General Assembly

 

Our Shareholders’ General Assembly was held on March 31, 201723, 2018 and the following matters were approved:

 

·

The plan for distribution of the Company’s profits, which establishes the distribution of an ordinary dividend per share of twenty-threeeighty nine pesos (COP$23). This dividend89) to be paid to minority shareholders was paid in one installment on April 28, 2017.19, 2018 and in two installments to the majority shareholder, 50% on April 19, 2018 and 50% on September 17, 2018.

·Amendment of our bylaws. For further information please see the sectionCorporate Governance—Bylaws.

 

·Appointed Ernst & Young as external auditor of Ecopetrol for fiscal year 2017.2018.

·The bylaws were amended in the General Shareholders Assembly held on March 23, 2018.

 

·The new composition of the Board of Directors for the year 20172018 as follows:

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Non Independent Directors:

 

ØMinisterDirector General of State Owned Enterprises of the Ministry of Finance and Public CreditCredit.

ØAna Milena López RochaClaudia Isabel González Sánchez

 

Independent Directors:Directors:

 

ØMauricio Cabrera Galvis

ØYesid Reyes AlvaradoJorge Londoño Saldarriaga

ØJaime Ardila Gómez

ØCarlos Cure Cure

ØJoaquín Moreno Uribe

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ØHoracio Ferreira RuedaHernando Ramírez Plazas (nominated by the hydrocarbon producing provinces)

ØCarlos Gustavo Cano Sanz (nominated by the minority shareholders with the greatest share participation)

 

6.2Dividend Policy

6.2       Dividend Policy

 

In 2016,2018, as a result of the solid financial position of the Company, the Board of Directors approved as a dividend policy under which we are to distributeconsisting of the distribution of between 40% and 60% of the adjusted net income beforeof the effectCompany of impairmenteach fiscal year. For this purpose, the Board of non-current assets (net of taxes) atDirectors shall asses the corporate group level.macroeconomic environment, the cash projection for achieving strategy goals and growth plans, while maintaining an appropriate financial flexibility. This policy cannot exceed the maximum amount to be distributed and should keep the Company’s debt metrics in line with an investment grade rating. The maximum amount to be distributed is the profits available to shareholders (net income after release and appropriation for legal, fiscal and occasional reserves).

 

Pursuant to Colombian law, dividend distribution to our shareholders must be approved by a 78% majority of the shares represented in the corresponding shareholders’ meeting.General Shareholders Assembly. In the absence of this special majority, at least 50% of the net profits must be distributed.

 

On March 23, 2018, our shareholders at the ordinary General Shareholders Assembly approved an ordinary dividend of 55% of our net income for the fiscal year ended December 31, 2017.  On March 31, 2017, our shareholders at the ordinary general shareholders’ meetingGeneral Shareholders Assembly approved an ordinary dividend of 40% of our net income before the impairment of non-current assets (net of taxes) for the fiscal year ended December 31, 2016. Given that the fiscal year ended December 31, 2015 resulted in a net loss for Ecopetrol S.A., our shareholders at the Ordinary General Stockholder MeetingShareholders Assembly held on March 31, 2016, approved that there was no distribution of profits for the fiscal year ended December 31, 2015. Pursuant to Article 456 of the Code of Commerce the Company absorbed the net loss for the fiscal year ended December 31, 2015 through its legal reserve.  In 20142015 there was no dividend distribution and 2015,in 2016 the shareholders approved the distribution of 80.1% and 70%40% of 2013 and 2014our net income respectively.before the impairment of non-current assets (net of taxes).  See the sectionFinancial Review—Liquidity and Capital Resources—Dividends.

 

Ecopetrol S.A. is required to have legal reserves equal to 50% of its subscribed capital.  If the legal reserves are less than 50% of subscribed capital, we will contribute 10% of net income to our legal reserves every year until our legal reserves meet the required level.

 

6.3Market and Market Prices

6.3       Market and Market Prices

 

Starting on August 2010, our ADSs began trading on the Toronto Stock Exchange (“TSX”) under the symbol “ECP.” On February 17, 2016, we announced the application for voluntary delisting from the Toronto Stock Exchange after in an ordinary meeting held on January 27, 2016, during which the Board of Directors made the decision to delist from the TSX. This decision was based on the Board of Director’s assessment of, among other factors, the limited trading activity of our ADRs in Canada, a liquid market for our ADRs on the NYSE and for our ordinary shares on the local Colombian Stock Exchange (Bolsa de Valores de Colombia), both of which enable interested investors to acquire a participation in Ecopetrol S.A. The time and administrative efforts associated with maintaining the listing of the ADRs on the TSX were also taken into account. On March 2, 2016, Ecopetrol’s ADRs were delisted from the TSX. After delisting from the TSX, the ADRs have continued to trade on the NYSE and the ordinary shares have continued to trade in the Colombian stock market. Therefore, the Company continues to be subject to United States, Canadian as well as Colombian reporting and corporate governance obligations. Ecopetrol has applied to the Alberta Securities Commission and Ontario Securities Commission to cease being a reporting issuer in Canada. As of the date of this annual report, these applications are under review by such entities and we are awaiting for final resolution on the matter, until a decision is reached, Ecopetrol continues to comply with its reporting responsibilities under its reporting issuer status in Canada.

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The following table sets forth reported high and low closing prices in Colombian Pesos for our shares and the reported average daily trading volume of our shares on the BVC for the periods indicated. The table also sets forth information on the trading price of our shares in Colombian Pesos and U.S. dollars, as well as the average trading volume.

 

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Table 5556 – Shares Traded on the Bolsa de Valores de Colombia

 

  Shares Traded on the BVC 
  Colombian Pesos per
share
  

U.S. dollars per share(1)

  Average
number
of shares traded
 
  High  Low  High  Low  Per day 
2012  5,850   4,200   3.3236   2.1619   8,396,801 
2013  5,710   3,695   3.2091   1.8992   7,018,859 
2014  4,030   1,815   2.0556   0.7546   8,222,596 
2015  2,305   1,090   0.8402   0.3973   10,109,301 
2016  1,465   881   0.4802   0.2888   13,077,105 
Most recent quarters                    
First quarter 2015  2,305   1,800   0.9335   0.7289   12,054,021 
Second quarter 2015  2,085   1,625   0.8337   0.6497   10,056,874 
Third quarter 2015  1,675   1,285   0.5706   0.4377   9,516,211 
Fourth quarter 2015  1,515   1,090   0.4953   0.3563   8,805,595 
First quarter 2016  1,425   881   0.4386   0.2712   17,971,092 
Second quarter 2016  1,465   1,220   0.4892   0.4074   14,267,136 
Third quarter 2016  1,410   1,170   0.4786   0.3971   10,403,945 
Fourth quarter 2016  1,385   1,240   0.4593   0.4112   9,760,236 
First quarter 2017  1,415   1,290   0.4842   0.4414   10,004,466 
Most recent six months                    
November 2016  1,330   1,240   0.4276   0.3987   10,179,339 
December 2016  1,385   1,305   0.4602   0.4336   8,629,345 
January 2017  1,415   1,360   0.4811   0.4624   8,948,342 
February 2017  1,395   1,310   0.4844   0.4549   11,907,449 
March 2017  1,350   1,290   0.4588   0.4384   9,282,601 
April 2017  1,400   1,340   0.4865   0.4656   13,581,125 
May 2017 (through May 26, 2017)  1,480   1,335   0.5054   0.4559   18,112,368 
  Shares Traded on the BVC 
  Colombian Pesos per share  

U.S. dollars per share(1)

  Average
number of
shares traded
 
  High  Low  High  Low  Per day 
2013  5,710   3,695   3.2091   1.8992   7,018,859 
2014  4,030   1,815   2.0556   0.7546   8,222,596 
2015  2,305   1,090   0.8402   0.3973   10,109,301 
2016  1,465   881   0.4802   0.2888   13,077,105 
2017  1,480   1,290   0.7492   0.4373   11,420,810 
Most recent quarters                    
First quarter 2016  1,425   881   0.4386   0.2712   17,971,092 
Second quarter 2016  1,465   1,220   0.4892   0.4074   14,267,136 
Third quarter 2016  1,410   1,170   0.4786   0.3971   10,403,945 
Fourth quarter 2016  1,385   1,240   0.4593   0.4112   9,760,236 
First quarter 2017  1,415   1,290   0.4842   0.4414   10,004,466 
Second quarter 2017  1,480   1,325   0.5067   0.4537   14,076,659 
Third quarter 2017  1,405   1,350   0.4727   0.4542   8,247,688 
Fourth quarter 2017  2,210   1,395   0.7406   0.4675   13,447,615 
First quarter 2018  2,800   2,210        0.9800   0.7735   19,795,943 
Most recent six months                    
November 2017  1,820   1,700   0.6045   0.5646   14,409,722 
December 2017  2,210   1,775   0.7391   0.5936   9,771,858 
January 2018  2,800   2,210   0.9777   0.7717   21,066,624 
February 2018  2,770   2,335   0.9680   0.8160   21,606,463 
March 2018  2,775   2,450       0.9749   0.8607   17,676,641 
April 2018 (through April 16, 2018)  2,980   2,615        1.0801   0.9478   14,416,613 

 

 

(1)U.S. dollars per common share translated at the Representative Market Exchange Rate as of each period.

 

The following table sets forth reported high and low closing prices in U.S. dollars for our ADSs and the average daily trading volume of our ADSs on the NYSE for the periods indicated. The table also sets forth information on the trading price of our ADSs in U.S. dollars, as well as the average trading volume.

 

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Table 5657 – Shares Traded on the New York Stock Exchange

 

  ADSs Traded on NYSE 
  

U.S. dollars per ADS(1)

 Average number of
ADSs Traded per
 
  High  Low  day 
2012  67.48   44.52   551,410 
2013  63.80   37.93   464,193 
2014  41.16   14.77   603,083 
2015  19.80   6.50   960,193 
2016  10.04   5.40   1,160,901 
Most recent quarters            
First quarter 2015  19.80   13.89   1,083,162 
Second quarter 2015  17.48   12.85   809,096 
Third quarter 2015  12.72   8.28   915,918 
Fourth quarter 2015  10.63   6.50   937,078 
First quarter 2016  9.22   5.40   1,559,605 
Second quarter 2016  10.04   7.89   1,257,883 
Third quarter 2016  9.80   7.83   914,424 
Fourth quarter 2016  9.37   7.85   926,722 
First quarter 2017  9.67   8.60   986,373 
Most recent six months            
November 2016  8.80   7.85   1,042,780 
December 2016  9.25   8.58   866,147 
January 2017  9.56   9.28   984,122 
February 2017  9.67   9.01   1,118,084 
March 2017  9.33   8.60   879,525 
April 2017  9.72   9.06   1,210,834 
May 2017 (through May 26, 2017)  10.24   8.97   1,307,921 
  ADSs Traded on NYSE 
  

U.S. dollars per ADS(1)

  

Average number

of ADSs Traded

 
  High  Low  per day 
2013  63.80   37.93   464,193 
2014  41.16   14.77   603,083 
2015  19.80   6.50   960,193 
2016  10.04   5.40   1,160,901 
2017  14.63   8.60   1,008,056 
Most recent quarters            
First quarter 2016  9.22   5.40   1,559,605 
Second quarter 2016  10.04   7.89   1,257,883 
Third quarter 2016  9.80   7.83   914,424 
Fourth quarter 2016  9.37   7.85   926,722 
First quarter 2017  9.67   8.60   986,373 
Second quarter 2017  10.24   8.70   1,182,807 
Third quarter 2017  9.59   8.78   756,630 
Fourth quarter 2017  14.63   9.44   1,139,727 
First quarter 2018  20.05   14.63   1,695,397 
Most recent six months            
November 2017  12.04   11.22   1,458,409 
December 2017  14.63   11.74   893,424 
January 2018  20.05   14.63   1,943,724 
February 2018  19.78   16.26   1,800,215 
March 2018  19.82   17.11   1,352,395 
April 2018 (through April 16, 2018)  21.98   19.30   1,599,547 

 

 

(1)Represents the right to receive 20 of our common shares.

 

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Registration and Transfer of Shares

 

Under Colombian law, transfers of shares must be registered on the issuer’s stock ledger. Only those holders registered on the stock ledger are considered by law as shareholders. Ecopetrol’s shares are in electronic form, other than those shares held by the Nation, which are in physical form.

 

Transfers of shares evidenced in electronic form required to be negotiated through the Colombia Stock Exchange. In Colombia, only the relevant stockbrokers calledsociedades comisionistas de bolsa are authorized to make the transfers of shares through the Colombia Stock Exchange. The transfers of shares are registered in the Centralized Security Deposit (Depósito Centralizado de Valores) or DECEVAL, through the relevant stockbrokers. DECEVAL records the share transfer on its systems, in order to make the corresponding registration in the issuer stock ledger.

 

Under Colombian legislation, if a transfer of shares for a value equivalent to or higher than 66,000 UVR (the UVR was COP$ 242.4513252.3767 as of December 31, 2016)2017) must be made through the BVC if the shares are registered with the BVC. Otherwise, shareholders can freely negotiate a transfer of shares.

 

Nevertheless, pursuant to Decree 2555 of 2010 article 6.15.1.1.2 the following transfers are not required to be executed through the BVC:

 

·Transfers between shareholders who are considered to be the same beneficial owner;

 

·Transfers of shares owned by financial institutions, under supervision of Superintendence of Finance, that are in a liquidation process;

 

·Repurchases of shares by the issuer;

 

·Property delivered in lieu of payment, or payment of money or other valuable property, different than the amount owed or demanded, in exchange for the extinguishment of the debt;

 

·Transfers of shares made by the Nation or the Financial Institutions Warranty Fund (Fondo de Garantías de Instituciones Financieras) or FOGAFIN;

 

·Transfers of shares issued abroad by Colombian companies, provided they take place outside Colombia;

 

·Transfers of shares issued by foreign companies, offered through a public offer in Colombia, provided that they take place outside Colombia; and

 

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·Any other transaction specifically authorized by the Superintendence of Finance to take place outside the BVC.

 

121

For the purposes described above, multiple transfer transactions made within one hundred twenty (120) calendar days, between the same parties on shares of the same issuer and under similar conditions, are treated as a single transfer.

 

6.4Ecopetrol ADR Program Fees

6.4       Ecopetrol ADR Program Fees

 

Fees and Charges That a Holder of Our ADSs May Have to Pay, Either Directly or Indirectly

 

JPMorgan Chase Bank, N.A., our Depositary, may charge each person to whom ADSs are issued, including, without limitation, issuances against deposits of shares, issuances in respect of share distributions, rights and other distributions, issuances pursuant to a stock dividend or stock split declared by us or issuances pursuant to a merger, exchange of securities or any other transaction or event affecting the ADSs or deposited securities,Deposited Securities, and each person surrendering ADSs for withdrawal of deposited securitiesDeposited Securities in any manner permitted by the Deposit Agreement or whose ADRsADSs are cancelled or reduced for any other reason, US$5.00 for each 100 ADS (or any portion thereof) issued, delivered, reduced, cancelled or surrendered, as the case may be. The Depositary may sell (by public or private sale) sufficient securities and property received in respect of a share distribution, rights and/or other distribution prior to such deposit to pay such charge.

 

The Depositary collects its fees for issuance and cancellation of ADSs directly from investors depositing common shares or surrendering ADSs for the purpose of withdrawal or from intermediaries acting for them. The Depositary collects fees for making distributions to investors by deducting those fees from the amounts distributed or by selling a portion of distributable property to pay the fees. The Depositary may collect its annual fee for Depositary services by deduction from cash distributions, or by directly billing investors, or by charging the book-entry system accounts of participants acting for them. The Depositary may generally refuse to provide services to any holder until the fees and expenses owing by such holder for those services or otherwise are paid.

 

The following additional charges may be incurred by ADS holders of ADRs, by any party depositing or withdrawing common shares or by any party surrendering ADSs and/or to whom ADSs are issued (including, without limitation, issuance pursuant to a stock dividend or stock split declared by us or an exchange of stock regarding the ADRs or the deposited securitiesDeposited Securities or a distribution of ADSs), whichever is applicable:

 

·A fee of US$1.50 per ADRU.S.$0.05 or ADRs for transfers of certificated or direct registration ADRs;

·A fee of up to US$0.02less per ADS for any cash distribution made pursuant to the Deposit Agreement;

·A fee of US$0.05 per ADS per calendar year (or portion thereof) for services performed by the Depositary in administering our ADR program (which fee may be charged on a periodic basis during each calendar year and shall be assessed against holders of ADRs as of the record date or record dates set by the Depositary during each calendar year and shall be payable in the manner described in the next succeeding provision);

·Any other charge payable by the Depositary, or any of the Depositary’s agents, including, without limitation, the custodian, or the agents of the Depositary’s agents in connection with the servicing of our shares or other deposited securities (which charge shall be assessed against registered holders of our ADRs as of the record date or dates set by the Depositary and shall be payable at the sole discretion of the Depositary by billing such registered holders or by deducting such charge from one or more cash dividends or other cash distributions);

 

·A fee for the distribution of securities (or the sale of securities in connection with a distribution), such fee being in an amount equal to the fee for the execution and delivery of ADSs which would have been charged as a result of the deposit of such securities (treating all such securities as if they were common shares) but which securities or the net cash proceeds from the sale thereof are instead distributed by the Depositary to those holders of ADRs entitled thereto;

 

·Stock transferAn aggregate fee of up to US$0.05 per ADS per calendar year (or portion thereof) for services performed by the Depositary in administering the ADRs (which fee may be charged on a periodic basis during each calendar year and shall be assessed against holders of ADRs as of the record date or other taxesrecord dates set by the Depositary during each calendar year and other governmental charges;

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·Cable, telex and facsimile transmission and delivery charges incurred atshall be payable in the ADS holder’s request;manner described in the next succeeding provision);

 

·Transfer or registration feesA fee for the registrationreimbursement of transfer of deposited securities on any applicable register in connection with the deposit or withdrawal of deposited securities;

·Expenses of the Depositary in connection with the conversion of foreign currency into U.S. dollars; and

·Suchsuch fees, charges and expenses as are incurred by the Depositary and/or any of the Depositary’s agents (including, without limitation, the custodian and expenses incurred on behalf of holders of ADRs in connection with compliance with foreign exchange control regulations or any law or regulation relating to foreign investment) in connection with the servicing of our common shares or other Deposited Securities, the sale of securities (including, without limitation, Deposited Securities) and the delivery of deposited securitiesDeposited Securities or otherwise in connection with the Depositary’s or its custodian’s compliance with applicable laws, ruleslaw, rule or regulations.regulation (which fees and charges shall be assessed on a proportionate basis against registered holders of ADRs as of the record date or dates set by the Depositary and shall be payable at the sole discretion of the Depositary by billing such holders of ADRs or by deducting such charge from one or more cash dividends or other cash distributions);

124

·Stock transfer or other taxes and other governmental charges;

·SWIFT, cable, telex and facsimile transmission and delivery charges incurred at the request of a holder of ADRs;

·Transfer or registration fees for the registration of transfer of Deposited Securities on any applicable register in connection with the deposit or withdrawal of Deposited Securities; and

·In connection with the conversion of foreign currency into U.S. dollars, the Depositary shall deduct out of such foreign currency the fees, expenses and other charges charged by it or the Depositary’s agent (which may be a division, branch or affiliate) so appointed in connection with such conversion. The Depositary and/or the Depositary’s agent may act as principal for such conversion of foreign currency. Such charges may at any time and from time to time be changed by agreement between us and the Depositary.

 

We will pay all other charges and expenses of the Depositary and any agent of the Depositary (except the custodian) pursuant to agreements from time to time between us and the Depositary. The fees described above may be amended from time to time.

 

Fees and Other Direct and Indirect Payments Made by the Depositary to Us

 

Our Depositary has agreed to reimburse us for certain expenses we incur that are related to establishment and maintenance of the ADR program, including investor relations expenses and exchange application and listing fees. In 2014, reimbursements were made in the amount of approximately US$3,093,346 for expenses related to investor relations activities. In 2015, reimbursements were made in the amount of approximately US$2,069,202 for expenses related to investor relations activities. In 2016, reimbursements were made in the amount of approximately US$2,366,395 for expenses related to investor relations activities. In 2017, reimbursements were made in the amount of approximately US$2,220,290 for expenses related to investor relations activities.

 

6.5Taxation

6.5       Taxation

 

6.5.1Colombian Tax Considerations

6.5.1       Colombian Tax Considerations

 

The following is a general description of the Colombian tax considerations for investments in common shares in Colombia or for the purchase of ADSs, in a foreign securities market. This description is based on applicable law in effect as of the date of this annual report is issued, which may be subject to changes.

 

Prospective purchasers of common shares or ADSs should consult their own tax advisors for a detailed analysis of the tax consequences in Colombia, resulting from the acquisition, ownership and disposition of common shares or ADSs.

 

General Rules

 

Colombian entities and individuals who are deemed to be residents within the Colombian national territory for Colombian tax purposes are subject to Colombian income tax on their worldwide income. Foreign entities and individuals as well as their permanent establishments in Colombia, who are not deemed to be residents in Colombia, as well as their permanent establishment in Colombia for tax purposes are subject to income tax in Colombia only with respect to their national-source income, which is generally defined as income obtained from (i) the rendering of services inside Colombian territory, (ii) the exploitation of tangible and intangible assets in Colombia, and (iii) the sale of tangible or intangible assets that are located inside Colombian territory at the time of the sale Double taxation treaties signed by Colombia, if applicable, may provide for special regulations regarding income tax.

 

125

Dividends paid by Colombian companies, as well as profits distributed by branches/permanent establishments are deemed Colombian income. However, whether they are taxed or not depends on an imputation system set forth in articles 48 and 49 of the Colombian Tax Code (hereinafter “CTC”). According to this system, dividends are taxable when paid out of non-taxed profits, in which case a 35% withholding applies when paid to non-resident shareholders. Conversely, they are non-taxable when paid out of taxed profits.profits, provided that the shareholder qualifies as a Colombian company.

 

123

OneNotwithstanding the above, one of the novelties introduced by lawLaw 1819 of December 29 of 2016 (the “Tax Reform”) was the creation of a new dividends tax that applies on all dividend distributions to Colombian individuals or to any type of non-resident shareholder, absent any specific treaty or exception.exception, regardless that dividends are paid from taxed or non-taxed profits. According to the Tax Reform, dividend payments made to foreign shareholders will be subject to a 5% withholding. This new tax will only apply to dividends paid from profits accrued as from fiscal year 2017.

 

Note that the dividend tax will apply simultaneously with the aforementioned imputation system. Accordingly, dividends paid from non-taxed profits will be subject to a 35% withholding for income tax, and an additional 5% dividend tax on the balance. This means that the overall burden in this scenario is 38.25% (e.g. $100 *35% = $35, plus $65 * 5% = $3.25).

 

Relief or reduced tax rates may apply under an applicable treaty to avoid double taxation, but the application of any such rules must be analyzed on a case-by-case basis.

 

For Colombian tax purposes, an individual is considered to be a Colombian resident when he/she meets any of the following criteria:

 

(i)He/she remains in Colombia continuously or discontinuously for more than 183 calendar days within any given 365-consecutive-day term;

 

(ii)He/she is related to the Colombian government’s foreign service or to individuals who are in the Colombian government’s foreign service and who, by virtue of the Vienna Conventions on diplomatic and consular relations, are exempted from taxes during the time of their service; or

 

(iii)He/she is a Colombian national and:

 

-Has a spouse or permanent companion, or dependent children, who are tax residents in Colombia, or

 

-50% or more of his or her total income is Colombian source income, or

 

-50% or more of his or her assets are managed in Colombia, or

 

-50% or more of his or her assets are deemed to be located or possessed in Colombia, or

 

-Has failed to provide proof of residency in another country (different from Colombia) upon previous official request by the Colombian tax office, or

 

-He/she has a tax residency in a country considered by the Colombian government to be a low tax jurisdiction or a tax haven.

 

Law 1739 of 2014 clarifies that Colombian nationals who meet any of the following requirements, will not be deemed as tax residents:

 

-(i)If more than 50% of his or her annual income, has its source in the jurisdiction where he or she is domiciled and whose country of domicile is not Colombia.

 

126

-(ii)If more than 50% of his/her assets are located in the jurisdiction where he or she is domiciled and whose country of domicile is not Colombia.

 

For purposes of Colombian taxation, an entity is deemed to be a “national” or a “Colombian entity” and, therefore, subject to taxation in Colombia on its worldwide income, if it meets any of the following criteria:

 

(i)It has its place of effective management, in Colombia during the corresponding year or taxable period;

 

(ii)It has its main domicile in the Colombian territory; or

124

 

(iii)It has been incorporated in Colombia, in accordance with Colombian laws.

 

Pursuant to the Colombian Tax Code, a foreign company or non-resident individual has a permanent establishment in Colombia when said company or individual performs activities in Colombia through: (1) a fixed place of business (i.e., branches, factories or offices), or (2) an individual who is not an independent agent empowered to execute agreements on behalf of the foreign company. As noted above, permanent establishments are considered Colombian taxpayers in connection with the Colombian-source income and Colombian-source taxable gains attributed to said permanent establishment. A foreign company or entity will not be deemed to have a permanent establishment by the sole fact that it acts through a broker or any other independent agent. In addition, passive-income generating activities, such as dividends, royalties and interests, typically do not qualify as entrepreneurial and are not deemed to create permanent establishments.

 

Tax Treatment of a Non-Colombian Entity and a Non-Resident Individual of Colombia Who Purchases an ADS in a Foreign Securities Market

 

Dividends

 

As a general rule, dividends paid to foreign companies, foreign entities or non-resident individuals who are investing in ADSs which underlying assets are Colombian shares are treated as Colombian-source income and are thus subject to Colombian income tax.

 

To avoid double taxation, dividends paid by Colombian entities are not subject to income tax at the shareholder level when they are paid out of corporate profits that have been previously taxed at the corporate level. As of taxable year 2017, a withholding tax on dividends is triggered for dividends paid to non-resident shareholders. Withholding tax rates on dividends varies as follows: (i) a new 5% dividend tax for dividends distributed out of profits already taxed at the company´scompany’s level; (ii) 35% withholding tax rate for dividends distributed out of profits not taxed at the company´scompany’s level, plus an additionalthe new 5% dividend tax rate after having applied and deducted the initial 35% withholding. As of fiscal year 2017, for Colombian individuals, the new dividends tax will be taxed betweenapply 5% andor 10% depending on the dividend amount. Profits that did not pay tax at the corporate level would be subject to a 35% withholding tax at the time of distribution. In this case, the base amount subject to the dividend tax would be the remaining amount after the 35% withholding tax. Dividends tax will be applicable to profits generated as of 2017.from fiscal year 2017 onwards. Finally, dividends paid to local corporations are not subject to this new dividend tax.

 

Further to the above, the applicable withholding tax rate for an entity or a non-resident individual investing through a Foreign Funds Administration Account (FFAA) is 25%, since its investment qualifies as portfolio investments and the dividends that are distributed by the Colombian entity are not taxed at the corporate level (assuming that the dividends cannot be attributed to a permanent establishment in Colombia belonging to the shareholder). These foreign shareholders subject to this withholding tax are not required to file an income tax return in Colombia.

 

In addition to the above, the new dividend tax will apply at a 5% rate.

 

Taxation of Capital Gains from the Sale of ADSs

 

Capital gains obtained from the sale of ADSs by non-Colombian entities, Colombian individuals who are non-residents in Colombia and foreign non-resident individuals, are not subject to income tax in Colombia as such sale does not generate Colombian-source income to the extent that the ADSs are not deemed to be sourced in Colombia.

127

 

If the holder of the ADSs who is a non-resident entity, a Colombian individual who is not a resident in Colombia or a foreign non-resident individual, decides to surrender the ADSs and withdraw the underlying common shares, it is arguable that such transaction does not generate a capital gain subject to income tax in Colombia. However, different interpretations may be adopted by the Colombian Tax Authorities on this matter.

 

125

Tax Treatment in Colombia of a Non-Colombian Entity and a Non-Resident Individual of Colombia Who Purchases Ecopetrol’s Shares in Colombia’s Securities Market

 

Dividends

 

As a general rule, dividends paid to foreign companies, foreign entities, or to non-resident individuals in Colombia, who are investing in Colombian shares directly or through a FFAA, are treated as national-source income; thus, they are subject to Colombian income tax.

 

To avoid double taxation, dividends are not subject to income tax at the shareholder level when they are paid out of corporate profits that have been previously taxed at the corporate level. However, as of taxable year 2017, a withholding tax on dividends is triggered for dividends paid to non-resident shareholders. Withholding tax rates on dividends varies as follows: (i) 5% dividend tax for dividends distributed out of profits already taxed at the company´s level; and (ii) 35% withholding tax rate for dividends distributed out of profits not taxed at the company´s level, plus an additional 5% dividend tax rate after having applied and deducted the initial 35% withholding. As of fiscal year 2017, for Colombian individuals, dividends will be taxed between 5% and 10% depending on the dividend amount. Profits that did not pay tax at the corporate level would be subject to a 35% withholding tax at the time of distribution. In this case, the base amount subject to the dividend tax would be the remaining amount after the 35% withholding tax. Dividends tax will be applicable to profits generated as of 2017.from fiscal year 2017 onwards. Finally, dividends paid to local corporations are not subject to thisthe new dividend tax.

 

For fiscal year 2017 if the shareholder is a non-resident entity or a non-resident individual investing directly, it will be taxed upon distribution, by means of the withholding tax mechanism, provided that its investment does not qualify as portfolio investments and dividends that are distributed are not taxed at the corporate level. In this case, dividends will be subject to a 35% withholding tax.

 

Non-resident entities or non-resident individuals will be taxed upon distribution by means of the withholding tax mechanism, provided that their investments qualify as portfolio investments (i.e., investing through a FFAA) and dividends that are distributed by the Colombian entity are not taxed at the corporate level. In this case, pursuant to Article 18-1 of the Colombian Tax Code, the applicable withholding tax rate is 25%, assuming that the dividends cannot be attributed to a permanent establishment in Colombia belonging to the shareholder. These foreign shareholders subject to this withholding tax are not required to file an income tax return in Colombia.

 

In addition to the above, the new dividend tax will apply at a 5% rate.

 

Taxation of Capital Gains for the Sale of Shares

 

Pursuant to Article 36-1 of the Colombian Tax Code, capital gains derived from the sale of shares listed on the BVC and owned by the same beneficial owner, are deemed as non-taxable income in Colombia, provided that the shares sold during the same taxable year do not represent more than 10% of the outstanding shares of the listed company. Pursuant to Article 18 of Decree 2634 of 2012, sellers of shares are not required to file an income tax return for the transfer of securities that are listed in the National Registry of Securities and Issuers (Registro Nacional de Valores y Emisores) as long as the foreign investment is treated as a portfolio investment according to article 3 of Decree 2080 of 2000.

 

If the above-mentioned requirements are not met, the capital gain obtained in the sale of shares is subject to income tax or capital gains tax, under the following rules:

 

·The gain or loss arising therefrom will be the difference between the sale price and the tax basis of the shares. As a general rule, the tax basis of shares is equal to the price paid for such shares (i.e., cost of acquisition).

 

128

·The applicable tax rate and the withholding tax rate have to be determined on a case-by-case basis. Generally, if the shares have been owned for at least two years, the profits from the sale will qualify as capital gains taxable at 10%, otherwise, profits will qualify as ordinary income taxable, at approximately 40% in fiscal year 2017, approximately 37% for fiscal year 2018, and 33% as from fiscal year 2019.

 

126

Tax Treatment of Non-Residents Who Purchase Ecopetrol’s Shares in the BVC Market and Exchange Them for ADSs

 

Dividends

 

Payment of dividends by Colombian entities to foreign companies, foreign entities or to non-resident individuals who are investing in ADSs which underlying assets are Colombian shares or in Colombian shares directly are subject to the tax treatment described above.

 

Taxation on Capital Gains for the Sale of Shares

 

If the holder of the Colombian shares is a non-resident entity, a Colombian individual who is not a resident in Colombia or a foreign non-resident individual, and such holder decides to exchange such common shares for ADSs, it is arguable that such transaction should not generate a capital gain subject to income tax in Colombia. However, different interpretations may be adopted by the Colombian tax authorities on this matter. For instance, assuming that the exchange of securities is treated as a sale of Ecopetrol’s shares, the seller would be subject to the tax treatment described above in connection with the taxation of capital gains for the sale of shares. Absent any specific rules or regulations addressing this specific situation, a case-by-case analysis would be necessary.

 

6.5.2U.S. Federal Income Tax Consequences

6.5.2       U.S. Federal Income Tax Consequences

 

This summary describes the principal U.S. federal income tax consequences of the ownership and disposition of common shares or ADSs, but it does not purport to be a comprehensive description of all of the U.S. tax consequences that may be relevant to a decision to hold or dispose of common shares or ADSs. This summary applies only to purchasers of common shares or ADSs who will hold the common shares or ADSs as capital assets for U.S. federal income tax purposes and does not apply to special classes of holders such as dealers in securities or currencies, holders whose functional currency is not the U.S. dollar, holders of ten percent or more of our shares (taking into account shares held directly or through depositary arrangements)arrangements by vote or by value), tax-exempt organizations, financial institutions, holders liable for the alternative minimum tax, securities traders who elect to account for their investment in common shares or ADSs on a mark-to-market basis, partnerships or other pass-through entities or arrangements and investors therein, insurance companies, U.S. expatriates, persons that purchase or sell common shares or ADSs as part of a wash sale for tax purposes, and persons holding common shares or ADSs in a hedging transaction or as part of a straddle, conversion or other integrated transaction for U.S. federal income tax purposes. The statements regarding U.S. tax law set forth in this summary isare based on the Internal Revenue Code of 1986, as amended, which we call the “Code,” its legislative history, existing and proposed U.S. Treasury regulations, published rulings and court decisions all as in force on the date of this annual report, and changes to such law subsequent to the date of this annual report may affect the tax consequences described herein (possibly with retroactive effect). This summary is also based in part on the representations of the Depositary and the assumption that each obligation in the Deposit Agreement and any related agreement will be performed in accordance with its terms.

 

Each holder is encouraged to consult such holder’s tax advisor concerning the overall tax consequences to it, including the consequences under laws other than U.S. federal income tax laws, of an investment in common shares or ADSs.

 

In this discussion, references to a “U.S. Holder” are to a beneficial owner of a common share or an ADS that is for U.S. federal income tax purposes (1) an individual citizen or resident of the United States, (2) a corporation, or any other entity taxable as a corporation, organized under the laws of the United States, any state thereof or the District of Columbia, (3) an estate whose income is subject to U.S. federal income tax regardless of its source, or (4) a trust if (i) a United States court can exercise primary supervision over the trust’s administration and one or more United States persons are authorized to control all substantial decisions of the trust or (ii) it has in effect a valid election under applicable U.S. Treasury regulations to be treated as a U.S. person.

 

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For U.S. federal income tax purposes, holders of ADSs generally will generally be treated as owners of the common shares represented by such ADSs.

 

This discussion does not address any aspect of U.S. federal taxation other than U.S. federal income taxation (such as the estate and gift tax or the Medicare tax on net investment income). Holders of common shares or ADSs should consult their own tax advisor regarding the U.S. federal, state and local and other tax consequences of owning and disposing of common shares and ADSs in their particular circumstances.

 

Distributions on Common Shares or ADSs

 

A distribution to U.S. Holders made by us of cash or property with respect to common shares or ADSs generally will be treated as a dividend for U.S. federal income tax purposes to the extent paid out of our current or accumulated earnings and profits (as determined under U.S. federal income tax principles). Distributions in excess of our current or accumulated earnings and profits, as determined for U.S. federal income tax purposes, will be treated first as a tax-free return of capital reducing such U.S. Holder’s adjusted tax basis in the common shares or ADSs. Any distribution in excess of such adjusted tax basis will be treated as capital gain and will be either long-term or short-term capital gain depending upon whether the U.S. Holder held the common shares or ADSs for more than one year. Distributions of additional common shares or ADSs to U.S. Holders that are part of a pro rata distribution to all of our shareholders generally will not be subject to U.S. federal income tax. We do not maintain calculations of our earnings and profits under U.S. federal income tax principles, and, therefore, except as described in the previous sentence, U.S. Holders should expect that any distributions generally will be reported as dividends for U.S. federal income tax purposes. As used below, the term “dividend” means a distribution that constitutes a dividend for U.S. federal income tax purposes.

 

The amount of any distribution will include the amount of any Colombian tax withheld on the amount distributed, and the amount of a distribution paid in Colombian Pesos will be measured by reference to the exchange rate for converting Colombian Pesos into U.S. dollars in effect on the date the distribution is received by the Depositary (or by a U.S. Holder in the case of a holder of common shares) regardless of whether the payment is in fact converted into U.S. dollars. If the Depositary (or U.S. Holder in the case of a holder of common shares) does not convert such Colombian Pesos into U.S. dollars on the date it receives them, generally, any gain or loss resulting from currency exchange fluctuations during the period from the date the dividend payment is included in income to the date the payment is converted into U.S. dollars will be treated as ordinary income or loss and will not be eligible for the special tax rate applicable to qualified dividend income (as discussed below). The gain or loss generally will be income or loss from sources within the United States for foreign tax credit limitation purposes. Dividends paid by us will not be eligible for the dividends received deduction allowed to corporations under the Code.

 

If you are a non-corporate U.S. Holder, dividends that constitute qualified dividend income will be taxable to you at the preferential rates applicable to long-term capital gains provided that you meet certain holding requirements. Dividends paid on the ADSs will be treated as qualified dividend income if (1) the ADSs are readily tradable on an established securities market in the United States and (2) we were not, in the year prior to the year in which the dividend was paid, and are not, in the year in which the dividend is paid, a passive foreign investment company (PFIC). The ADSs are listed on the New York Stock Exchange, and will qualify as readily tradable on an established securities market in the United States so long as they are so listed. Based on our audited financial statements and relevant market and shareholder data, we believe that we were not treated as a PFIC for U.S. federal income tax purposes with respect to our 20162017 taxable year. In addition, based on our audited financial statements and our current expectations regarding the value and nature of our assets, the sources and nature of our income, and relevant market and shareholder data, we do not anticipate becoming a PFIC for the 20172018 taxable year. However, this conclusion is a factual determination that is made annually and thus may be subject to change. Based on existing guidance, it is not clear whether dividends received with respect to the common shares will be treated as qualified dividends. In addition, the U.S. Treasury has announced its intention to promulgate rules pursuant to which holders of ADSs or common shares and intermediaries through whom such securities are held will be permitted to rely on certifications from issuers to treat dividends as qualified for tax reporting purposes. Because such procedures have not yet been issued, it is not clear whether we will be able to comply with them. Holders of ADSs and common shares should consult their own tax advisers regarding the availability of the reduced dividend tax rate in the light of the considerations discussed above and their own particular circumstances.

 

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A U.S. Holder will be entitled, subject to a number of complex limitations and conditions, to claim a U.S. foreign tax credit in respect of any Colombian income taxes withheld on dividends received on common shares or ADSs. U.S. Holders who do not elect to claim a credit for any foreign income taxes paid during the taxable year may instead claim a deduction in respect of such Colombian income taxes provided the U.S. Holder elects to deduct (rather than credit) all foreign income taxes for that year. Dividends received with respect to the common shares or ADSs will be treated as foreign source income, subject to various classifications and other limitations. For the purposes of the U.S. foreign tax credit limitations, the dividends paid with respect to our common shares or ADSs generally will generally constitute “passive category income” for most U.S. Holders. The rules relating to computing foreign tax credits or deducting foreign income taxes are extremely complex, and U.S. Holders are urged to consult their own independent tax advisers regarding the availability of foreign tax credits with respect to any Colombian income taxes withheld.

 

Sale, Exchange or Other Taxable Dispositions of Common Shares or ADSs

 

A U.S. Holder generally will recognize capital gain or loss upon the sale, exchange or other taxable disposition of common shares or ADSs in an amount equal to the difference between the U.S. dollar value of the amount realized on the sale, exchange or other taxable disposition of the common shares or ADSs and the U.S. Holder’s adjusted tax basis, determined in U.S. dollars, in the common shares or ADSs. Any gain or loss will be long-term capital gain or loss if the common shares or ADSs have been held for more than one year. Certain non-corporate U.S. Holders (including individuals) may be eligible for preferential rates of U.S. federal income tax in respect of long-term capital gains. The deductibility of capital losses is subject to limitations under the Code.

 

If you are a U.S. Holder of common shares or ADSs, the initial tax basis of your common shares or ADSs will be the U.S. dollar value of the Colombian Peso-denominated purchase price determined on the date of purchase. If the common shares or ADSs are treated as traded on an “established securities market,” a cash basis U.S. Holder, or, if it elects, an accrual basis U.S. Holder, will determine the dollar value of the cost of such common shares or ADSs by translating the amount paid at the spot rate of exchange on the settlement date of the purchase. Such an election by an accrual basis U.S. Holder must be applied consistently from year to year and cannot be revoked without the consent of the Internal Revenue Service (“IRS”). If you convert U.S. dollars to Colombian Pesos and immediately use that currency to purchase common shares or ADSs, such conversion generally will not result in taxable gain or loss to you.

 

With respect to the sale or exchange of common shares or ADSs, the amount realized generally will be the U.S. dollar value of the payment received determined on (1) the date of receipt of payment in the case of a cash basis U.S. Holder and (2) the date of disposition in the case of an accrual basis U.S. Holder. If the common shares or ADSs are treated as traded on an “established securities market,” a cash basis taxpayer, or, if it elects, an accrual basis taxpayer, will determine the U.S. dollar value of the amount realized by translating the amount received at the spot rate of exchange on the settlement date of the sale.

 

Deposits and withdrawals of common shares in exchange for ADSs, and ADSs for common shares generally will not result in the realization of gain or loss for U.S. federal income tax purposes.

 

Backup Withholding and Information Reporting

 

In general, dividends on common shares or ADSs, and payments of the proceeds of a sale, exchange or other taxable disposition of common shares or ADSs, paid within the United States, by a U.S. payor through certain U.S.-related financial intermediaries to a U.S. Holder are subject to information reporting and may be subject to backup withholding at a current rate of 28%24% unless the holder (1) establishes that it is a corporation or other exempt recipient or (2) with respect to backup withholding, provides an accurate taxpayer identification number and certifies that it is a U.S. person and that no loss of exemption from backup withholding has occurred.

 

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Backup withholding is not an additional tax. The amount of any backup withholding tax from a payment to a U.S. Holder will be allowed as a credit against the U.S. Holder’s U.S. federal income tax liability, provided that the required information is timely furnished to the IRS. A U.S. Holder generally may obtain a refund of any amounts withheld under the backup withholding rules that exceed its U.S. federal income tax liability by timely filing a refund claim with the IRS.

 

U.S. Tax Considerations for Non-U.S. Holders

 

A holder or beneficial owner of common shares or ADSs that is not a U.S. Holder for U.S. federal income tax purposes (a “non-U.S. Holder”) generally will not be subject to U.S. federal income or withholding tax on dividends received on common shares or ADSs, unless the dividends are “effectively connected” with the non-U.S. Holder’s conduct of a trade or business within the United States. In such a case a non-U.S. Holder generally will be taxed in the same manner as a U.S. Holder. In the case of “effectively connected” dividends received by a corporate non-U.S. Holder, the corporate non-U.S. Holder may, under certain circumstances, be subject to an additional “branch profits tax” at a 30% rate.

 

A non-U.S. Holder of common shares or ADSs will not be subject to U.S. federal income or withholding tax on gain realized on the sale of common shares or ADSs, unless (i) the gain is “effectively connected” with the non-U.S. Holder’s conduct of a trade or business in the United States, or (ii) in the case of gain realized by an individual non-U.S. Holder, the non-U.S. Holder is present in the United States for 183 days or more in the taxable year of the sale and certain other conditions are met. In the case of “effectively connected” gains realized by a corporate non-U.S. Holder, the corporate non-U.S. Holder may, under certain circumstances, be subject to an additional “branch profits tax” at a 30% rate.

 

Although non-U.S. Holders generally are exempt from backup withholding and information reporting requirements, a non-U.S. Holder may be required to comply with certification and identification procedures in order to establish its exemption from information reporting and backup withholding.

 

6.6Exchange Controls and Limitations

6.6       Exchange Controls and Limitations

 

Payments in foreign currency with respect to certain foreign exchange transactions including international investments between Colombian residents and non-Colombian residents must be conducted through the foreign exchange market. Therefore, any foreign currency income or expense under the ADRs must be completed through the appropriate channels of the foreign exchange market. Transactions conducted through the foreign exchange market are made at market rates freely negotiated with authorized foreign exchange intermediaries (local banks, financial corporations, administrators and others). As of September 25, 1999 the Colombian foreign exchange regime is structured under the system of free flotation of the exchange rate whereby market forces determine the level of exchange rate from time to time.

 

Foreign portfolio investments must be made through authorized foreign exchange investment management companies. Only brokerage firms, trust companies and investment management companies, subject to the inspection and supervision of the Superintendence of Finance, are allowed to make investments in the local Colombian market on behalf of foreign investors. Such brokerage firms, trust companies and investment management companies also act as the foreign investors’ local representatives for tax and foreign exchange purposes.

 

Colombian law provides that the Colombian Central Bank may intervene in the foreign exchange market at its own discretion at any time (i.e. it may limit the remittance of dividends whenever the international reserves fall below an amount equal to three months of imports). Additionally, from time to time, the Colombian government introduces amendments to the International Investment Statute. Hence, we cannot assure you that the Colombian Central Bank will not intervene in the future imposing restrictions to the free convertibility system currently applicable in Colombia. See the sectionRisk Review—Risk Factors—Risks Related to Colombia’s Political and Regional Environment.

 

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Registration of Foreign Investment Represented in Underlying Shares

 

Colombia’s International Investment Statute and the regulations issued by the Colombian Central Bank, which have been amended from time to time through related decrees and regulations, govern the manner in which non-Colombian resident entities and individuals can invest in Colombia and participate in the Colombian securities markets. Among other requirements, the International Investment Statute and Colombian Central Bank regulations mandate registration of foreign investment transactions with the Colombian Central Bank and specify procedures to authorize and administer such foreign investment transactions. Additionally, pertinent information related to foreign investment transactions must be updated on a regular basis (yearly or monthly, depending on the type of information).

 

Under the International Investment Statute and Colombian Central Bank regulations, the failure of a foreign investor to report or register with the Colombian Central Bank foreign exchange transactions relating to investments in Colombia on a timely basis may (i) prevent the investor from obtaining remittance rights, (ii) constitute an exchange control infraction, and (iii) result in financial sanctions.

 

Notwithstanding the regulations described above, foreign investors who acquire ADRs are not required to directly register this investment with Colombian authorities. Holders of ADRs will benefit from the registration to be obtained by the local custodian for our common shares underlying the ADRs in Colombia. Such registration allows the custodian to convert dividends and other distributions with respect to the common shares into foreign currency and remit the proceeds abroad. If investors in ADRs choose to surrender their ADRs and withdraw common shares, they must retain an administrator, who will act as a local representative for the investments, and register their investments in common shares as a portfolio investment through said local representative. The local representative is the brokerage firm, trust company or investment management company that acts on behalf of the holders of the ADRs in Colombia, and the request for registration is made by them.

 

Colombian residents who acquire ADRs and either receive profits from this investment, surrender their ADRs or liquidate their investment in ADRs must register these operations with the Colombian authorities and comply with applicable regulations through its Colombian brokerage firm.

 

In obtaining its own foreign investment registration, an investor who surrenders its ADRs and sells common shares may incur expenses and/or suffer delays in the application process. Investors would only be allowed to transfer dividends abroad or transfer funds received as distributions relating to our common shares after their foreign investment registration procedure with the Colombian Central Bank has been completed. In addition, the depositary’sDepositary’s foreign investment registration may also be adversely affected by future legislative changes, but its rights to transfer dividends abroad or profits arising from distributions relating to our common shares must be maintained according to Colombian law and foreign investment treaties entered into by Colombia in force at the time of the registration of the investment, except when Colombia’s international reserves fall below an amount equivalent to three months’ worth of imports. Prospective purchasers of common shares or ADSs should consult their own foreign exchange advisors.

 

6.7Exchange Rates

6.7       Exchange Rates

 

On May 26, 2017,April 16, 2018, the Representative Market Exchange Rate was COP$2,911.662,705.34 per US$1.00. The Federal Reserve Bank of New York does not report a noon-buying rate for Colombian Pesos. TheSuperintendencia Financiera, or Superintendence of Finance, calculates the Representative Market Exchange Rate based on the weighted averages of the buy and sell foreign exchange rates quoted daily by foreign exchange rate market intermediaries including financial institutions for the purchase and sale of U.S. dollars. The Superintendence of Finance also calculates the Representative Market Exchange Rate for each month for purposes of preparing financial statements and converting amounts in foreign currency to Colombian Pesos.

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The following table sets forth the high, low, average and period-end exchange rate for Colombian Peso/U.S. dollar Representative Market Exchange Rate for each of the last five years and for the last six months.

 

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Table 5758 – Colombian Peso/U.S. dollar Representative Market Exchange Rate

 

  Exchange Rates 
  High  Low  Average  Period-End 
2012  1,942.70   1,754.89   1,798.23   1,768.23 
2013  1,952.11   1,758.45   1,868.90   1,926.83 
2014  2,446.35   1,846.12   2,000.68   2,392.46 
2015  3,356.00   2,360.58   2,746.47   3,149.47 
2016  3,434.89   2,833.78   3,053.42   3,000.71 
Most recent six months                
November 2016  3,187.97   2,984.78   3,106.40   3,165.09 
December 2016  3,085.60   2,964.56   3,009.53   3,000.71 
January 2017  3,000.71   2,908.53   2,944.65   2,936.66 
February 2017  2,921.90   2,851.98   2,881.68   2,896.27 
March 2017  3,004.43   2,880.24   2,943.49   2,880.24 
April 2017  2,944.31   2,837.90   2,872.82   2,944.31 
May 2017 (through May 26, 2017)  2,967.44   2,873.22   2,929.30   2,911.66 
  Exchange Rates 
  High  Low  Average  Period-End 
2013  1,952.11   1,758.45   1,868.90   1,926.83 
2014  2,446.35   1,846.12   2,000.68   2,392.46 
2015  3,356.00   2,360.58   2,746.47   3,149.47 
2016  3,434.89   2,833.78   3,053.42   3,000.71 
2017  3,092.81   2,839.02   2,951.15   2,984.00 
Most recent six months                
November 2017  3,056.70   2,977.18   3,010.87   3,043.11 
December 2017  3,028.82   2,957.75   2,990.14   2,938.87 
January 2018  2,986.84   2,790.50   2,863.74   2,986.84 
February 2018  2,941.77   2,790.77   2,861.60   2,863.78 
March 2018  2,879.77   2,781.93   2,846.38   2,795.02 
April 2018 (through April 16, 2018)  2,795.02   2,704.78   2,759.10   2,725.20 

 

Source: Superintendence of Finance for historical data.Banco de la República, or the Colombian Central Bank, for averages.

6.8Source:Major ShareholdersSuperintendence of Finance for historical data.Banco de la República, or the Colombian Central Bank, for averages.

6.8       Major Shareholders

 

Major Shareholders

 

The following table sets forth the names of our major shareholders, and the number of shares and the percentage of outstanding shares owned by them at March 31, 2017:2018:

 

Table 5859 – Major Shareholders

 

 At March 31, 2017  At March 31, 2018 
Shareholders Number of shares  % Ownership  Number of shares  % Ownership 
Nation(1) – Ministry of Finance and Public Credit  36,384,788,817   88.49   36,384,788,417   88.49 
Public float  4,731,905,873   11.51   4,731,906,273   11.51 
Total  41,116,694,690   100.00   41,116,694,690   100.00 

 

 

(1)Includes 2,0001,600,000 shares owned by other state entities.

 

All our common shares have identical voting rights.

 

As of March 31, 2017, 1.8%February 20, 2018, 2.1% of our common shares were held of record in the form of American Depository Shares. As of March 31, 2017,February 20, 2018, we had 4139 registered holders and as of February 23, 2017March 31, 2018 we had 11,97015,907 beneficiaries of common shares, or ADSs representing common shares, in the United States.

 

Changes in the Capital of the Company

 

There are no conditions in our bylaws governing changes in our capital stock that are more stringent than those required under Colombian law, with the exception that the Nation must hold a minimum of 80% of our capital stock at all times.

 

6.9Enforcement of Civil Liabilities

6.9       Enforcement of Civil Liabilities

 

We are a Colombian company. Most of our Directors and executive officers and some of the experts named in this annual report reside outside the United States. All or a substantial portion of our assets and the assets of these persons are located outside of the United States. As a result, it may not be possible for you to affect service of process within the United States upon us or these persons who are residents in Colombia or to enforce against us or these persons who are residents in ColombiajudgmentsColombia judgments in U.S. courts obtained in such courts predicated upon the civil liability provisions of the U.S. federal securities laws. Colombian courts will enforce a U.S. judgment predicated on the U.S. securities laws through a procedural system known under Colombian Law as “exequatur.” The Colombian Supreme Court will enforce a foreign judgment, without reconsideration of the merits only if the judgment satisfies the requirements set forth in Articles 605 through 607 of Law 1564 of 2012 (Código General del Proceso) which entered into force on January 1, 2016, pursuant toAcuerdoNo. PSAA15-10392, of October 1, 2015, issued by the Colombian Superior Council of the Judiciary (Consejo Superior de la Judicatura),as follows:

 

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·A treaty exists between Colombia and the country where the judgment was granted relating to the recognition and enforcement of foreign judgments or, in the absence of such treaty, there is reciprocity in the recognition of foreign judgments between the courts of the relevant jurisdiction and the courts of Colombia;

 

·The foreign judgment does not relate to “in rem rights” vested in assets that were located in Colombia at the time the suit was filed;

 

·The foreign judgment does not contravene or conflict with Colombian laws relating to public order other than those governing judicial procedures;

 

·The foreign judgment, in accordance with the laws of the country where it was rendered, is final and is not subject to appeal;

 

·A duly legalized copy of the judgment (together with an official translation into Spanish if the judgment is issued in a foreign language) has been presented to the Supreme Court of Colombia;

 

·The foreign judgment does not refer to any matter upon which Colombian courts have exclusive jurisdiction;

 

·No proceeding is pending in Colombia with respect to the same cause of action, and no final judgment has been awarded in any proceeding in Colombia on the same subject matter and between the same parties;

 

·In the proceeding commenced in the foreign court that issued the judgment, the defendant is served in accordance with the laws of such jurisdiction and in a manner reasonably designated to give the defendant an opportunity to defend against the action; and

 

·The legal requirements pertaining to the exequatur proceedings have been observed;

 

The United States and Colombia do not have a bilateral treaty providing for automatic reciprocal recognition and enforcement of judgments in civil and commercial matters. The Colombian Supreme Court has in the past accepted that reciprocity exists when it has been proven that either a U.S. court has enforced a Colombian judgment or that a U.S. court would enforce a foreign judgment, including a judgment issued by a Colombian court. However, such enforceability decisions are considered by Colombian courts on a case-by-case basis.

 

Proceedings for enforcement of a money judgment by attachment or execution against any assets or property located in Colombia are within the exclusive jurisdiction of Colombian courts and such proceedings are conducted in Spanish. All parties affected by a foreign judgment in exequatur proceedings must be summoned to the exequatur proceedings in accordance with the rules that apply to the Colombian courts. In the course of such proceedings, both the plaintiff and the defendant are afforded the opportunity to request that evidence be collected in connection with the requirements listed above. In addition, before the judgment is rendered, each party may file final allegations in support of such party’s position regarding the above-mentioned requirements.

 

Assuming that a foreign judgment complies with the standards set forth in the preceding paragraphs and the absence of any condition referred to above that would render a foreign judgment not subject to recognition under Colombian law, such foreign judgment would be enforceable in Colombia in an enforcement proceeding under the laws of Colombia, provided that the Colombian Supreme Court has previously granted exequatur upon the foreign judgment.

 

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7.Corporate Governance

 

Since 2004, Ecopetrol S.A. has voluntarily adopted transparency, governance and control practices to facilitate corporate governance in order to generate confidence among stakeholders and ensure the sustainability of its business.

 

The corporate governance practices at Ecopetrol S.A.:

 

·Promote and guarantee all stakeholders transparency, objectivity and competiveness.competitiveness.

 

·Add value to the company and attract investors.

 

·Protect shareholders, investors and stakeholders rights.

 

·Encourage financial markets confidence.

 

·Accomplish the highest corporate governance standards.

 

Statement of the Nation as Majority Shareholder

 

Ecopetrol’s majority shareholder (the Nation, represented by the Ministry of Finance and Public Credit), is unilaterally committed to protect the interests of the minority shareholders in the following topics:

 

·Composition of Board of Directors: including in its list of candidates a Representative for hydrocarbon producing departments operated by Ecopetrol and a Representative for the minority shareholders, who will be chosen by the 10 shareholders with the largest stock participations.

 

According to corporate governance practices recommended by the OECD, organization to which Colombia is in the process of access, the National Government begun to implement the practice of reducing the participation of Directors with a ministerial level in Ecopetrol’s Board of Directors. Thus, in 20172018 in the ordinaryGeneral Shareholders’ Assembly, the National Government nominated only one (1)two (2) non-independent Director withDirectors none of which has a ministerial level and in 2018 no director of ministerial rank will be nominated.rank.

 

·Dividend policy: guaranteeing the right of each shareholder to receive his pro rata dividends in accordance with Colombian law.

 

·Issues not included in the agenda of extraordinary meetings of the General Shareholders Assembly: permitting a vote on those initiatives submitted by one or more shareholders representing at least 2% of the subscribed shares of the company.

 

·Asset disposal: ensuring that any asset disposal of an amount equal or higher than 15% of the stock exchange capitalization of Ecopetrol is discussed and decided by the General Shareholders’ General Assembly and that the Nation will only vote affirmatively if the vote of minority shareholders is equal to or exceeds 2% of the shares subscribed by shareholders other than the Nation.

 

7.1Bylaws

7.1       Bylaws

 

The Bylaws of Ecopetrol S.A. are contained in Public Deed No. 5314 of December 14, 2007, issued by the Second Notary of Bogotá; amended by Public Deed No. 560 of May 23, 2011, issued by the Notary Forty- Six of Bogotá, Deed No. 666 of May 7, 2013, issued by the Notary Sixty-Five of Bogotá, and Deed No. 1049 of May 19, 2015, issued by the Notary Second of Bogotá. In addition, the bylaws were recently amended in the ordinary meeting of the General Shareholders Assembly held on March 23, 2018. The text of the amended bylaws is yet to be recorded in public deed and registered before the mercantile registry, which in Colombia is the Chamber of Commerce. An English translation of the amended bylaws is included as Exhibit 1.1 to this annual report.

 

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This summary does not purport to be complete and is qualified by reference to our bylaws, which are filed as an exhibit to this annual report. For a description of the provisions of our bylaws relating to our Board of Directors and its committees, see the sectionsCorporate Governance—Board of Directors—Board Practices andCorporate Governance—Board of Directors—Board Committees.

 

General Shareholder’s Meeting of Shareholders

 

Shareholders’ meetings may be ordinary or extraordinary. Ordinary meetings will take place in our legal domicile located in Bogota, Colombia, within the first three months following the end of each fiscal year, on the day and at the time set forth in the notice for the general shareholders’ meeting.General Shareholders Assembly. The call for the general shareholders’ meetingGeneral Shareholders Assembly is published on the Ecopetrol S.A. website and in a newspaper of wide circulation 30 calendar days prior to the date on which the meeting will take place and on the Sunday previous to the meeting, must be published at Ecopetrol S.A.’s website www.ecopetrol.com.co. The call for the general shareholders’ meeting is also sent electronically to shareholders.

 

In the ordinary general shareholders’ meeting,General Shareholders Assembly, our Board of Directors and the external auditor are appointed and our annual financial statements, profit distribution, audit and management reports, including our corporate governance report and sustainability report, and any other matter provided under applicable law or our corporate bylaws are approved.

 

Extraordinary meetings of shareholders may be called by our Board of Directors, by our president or chief executive officer, by our external auditor, or by shareholders holding at least 5% of the shares outstanding, or when unforeseen or urgent needs of the Company require it. Calls to extraordinary meetings should be made at least 15 calendar days prior to the date of the meeting, with the exception of the case where the Law requires a greater time between the summons and the meeting. Such a call is published on the Ecopetrol S.A. website and in a newspaper of wide circulation. The meeting notice must specify the agenda for the meeting.

 

The required quorum for both ordinary and extraordinary meetings is a plural number of shareholders representing 50% plus one of the subscribed shares entitled to vote and decisions are approved with a majority of the members present. This quorum is exempted in the case of “second-call meetings,” which may take place when a meeting fails to obtain the required quorum and is called within a period between 10 business days and 30 business days from the first date, in which case decisions may be adopted by a majority of the shares present regardless of the number represented.

 

Decisions made at ordinary and extraordinary shareholders’ meeting must be approved by a plural number of shareholders representing the majority of the shares present. Colombian law requires supermajorities in the following cases:

 

·The vote of at least 70% of the shares present and entitled to vote at the ordinary shareholders’ meeting is required to approve the issuance of stock not subject to preemptive rights;

 

·The vote of at least 78% of the shares represented entitled to vote is required to approve the distribution of the annual net profits. In the absence of this special majority, at least 50% of the net profits must be distributed. If the sum of all legal reserves (statutory, legal and optional) exceeds the amount of the outstanding capital, the Company must distribute at least 70% of the annual net profits;

 

·The vote of at least 80% of the shares represented is required to approve the payment of dividends in shares; and

 

·The vote of 100% of the outstanding and issued shares is required to replace a vacancy on the Board of Directors without applying the electoral quotient system.

 

Shareholders may be represented by proxies provided that the proxy: (1) is in writing (faxes and electronic documents are valid), (2) specifies the name of the representative, (3) specifies the date or time of the meeting for which the proxy is given and (4) includes other information specified by the applicable law. Proxies granted abroad do not require legalization or an apostille.

 

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During our ordinary annual shareholders’ meeting, our employees and Directors are only allowed to represent their own shares, unless they act as legal representatives.

 

Preference Rights and Restrictions Attaching to Our Shares

 

We have only one class of stock without special rights or restrictions (ordinary shares). Our shareholders do not have any type of preemptive rights.

 

Under Commercial Colombian law, our shareholders have the following economic privileges and voting rights:

 

·To participate and vote on the decisions of the general shareholders’ meeting;General Shareholders Assembly;

 

·To receive dividends based on the financial performance of the Company in proportion to their share ownership;

 

·To transfer and sell shares according to our bylaws and Colombian law;

 

·To inspect corporate books and records with 15 business days prior to the ordinary shareholders’ meeting where the year-end financial statements are to be approved;

 

·Upon liquidation, to receive a proportional amount of the corporate assets after the payment of external liabilities; and

 

·To sell the shares, known as right of withdrawal (derecho de retiro), if a corporate restructuring affects the economic or voting rights of the shareholders in the terms and conditions established under Colombian law.

 

Our bylaws and corporate governance code provide additional rights to our minority shareholders. These rights include:

 

·Sale of Assets. For a ten-year period counted from the date of subscription of the declaration of the Nation dated July 26, 2007February 16, 2018 or until the Nation loses its status as majority shareholder, the Nation guarantees that any sale of 15% or more of our assets requires the approval of the general shareholders’ meetingGeneral Shareholders Assembly and that the Nation would only be allowed to vote its shares in favor of the proposal if 2% or more of our minority shareholders accept the proposal.

 

·Candidate List. Pursuant to our bylaws and Law 1118 of 2006, the Nation will include in its candidate list for election of members of the Board of Directors one member selected by the departments that produce hydrocarbons. In addition, pursuant to the declaration of the Nation dated July 26, 2007,February 16, 2018, the Nation will include in its candidate list for election of members of the Board of Directors one member selected by the ten largest minority shareholders. The minority shareholders’ right to select a candidate loses its effect when minority shareholders, according to their share participation, name a member to our Board of Directors.

 

·Extraordinary Meetings. Our bylaws and corporate governance code provide that the entity exercising permanent control over Ecopetrol must instruct the Company’s CEO or External Auditor to call an extraordinary meeting of the Company’s shareholders when so requested by a plurality of shareholders holding at least 5% of the total number of outstanding shares. Such requests shall be made in writing and must clearly indicate the purpose of the meeting.

 

·Investor Attention Office. Ecopetrol has an investor attention office, a specialized unit responsible for receiving complaints from our shareholders. Pursuant to our bylaws, shareholders holding at least 5% of the total number of shares outstanding may request that the investor attention office conduct a special audit, provided that such audit does not hinder the day-to-day operations of the Company, of the following documents: the income statement; the proposal for the distribution of profits; the report of the Board of Directors as to the economic and financial status of our Company; the report from our general counsel as to the legal status of our Company; and the report from the independent auditors. Special audits cannot be made of documents that contain scientific, technological or statistical information of our Company, or agreement that gives us competitive and economic advantages over our competitors, or in respect of any document related to intellectual property. Shareholders also have the right to propose good corporate governance recommendations to the office for the protection of investors.

 

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·Others. Pursuant to our bylaws, shareholders holding at least 5% of the total number of shares outstanding may propose recommendations to our Board of Directors pertaining to the management of our Company. Any shareholder may file a written petition to our Board of Directors to investigate corporate governance violations that the shareholder believes to have been committed.

 

Amendments to Rights and Restrictions to Shares

 

We have only one class of stock and it has no special rights or restrictions (ordinary shares). Our shareholders do not have any type of preemptive rights. The rights given to our shareholders by law are described in our bylaws and may only be modified through an amendment to the law.

 

The additional rights given to our minority shareholders in our bylaws and corporate governance code may only be modified through an amendment of those internal documents.

 

Limitations on the Rights to Hold Securities

 

There are no limitations in our bylaws or Colombian law on the rights of Colombian residents or foreign investors to own the shares of our Company, or on the right to hold or exercise voting rights with respect to those shares, except in cases of legal representation and except that the Nation must hold a minimum of 80% of our capital stock at all times.

 

Restrictions on Change of Control Mergers, AcquisitionsSpin-offs or Corporate RestructuringTransformations of the Company

 

Under Colombian law and our bylaws, the general shareholders’ meetingGeneral Shareholders Assembly has full authority to approve any corporate restructuring, including any mergers, acquisitionsspin-offs or spin-offs.transformations. Corporate restructurings are also subject to the requirement that the Nation must hold a minimum of 80% of our common stock at all times. So long as Law 1118 of 2006 is in effect, there cannot be any restructuring that result in a change of control of our Company.

 

Ownership Threshold Requiring Public Disclosure

 

The Corporate Governance Code, Title III, Chapter 1, Section 5, states: Identification of Major Shareholders. The shareholding composition of the Company, indicating at least the twenty (20) people with the greatest number of shares, is disclosed on Ecopetrol’s website atwww.ecopetrol.com.co. Colombian securities regulations set forth the obligation to disclose any material event orhecho relevante. Any transfer of shares equal or greater than 5% of our capital stock, or any legal entity or individual acquiring a percentage of shares that would make him the beneficial owner of 5% or more of our capital stock, is a material event, and therefore, must be disclosed to the Superintendence of Finance. The regulation includes other criteria in order to identify when to report a material event other than the situations described in the previous sentence.

 

External Auditor

 

Pursuant to our bylaws, ourthe external auditor shall notwill be appointed for more than five consecutive one-year terms by us. However, an external auditorperiods of two (2) years and may be reelected consecutively for two (2) periods, and it may once again be hired again after two terms have passed sinceone (1) period away from the conclusion of its last term of appointment.position. At the ordinary general shareholders’ meetingGeneral Shareholders Assembly on March 31, 2017,23, 2018, the shareholders appointed Ernst & Young as external auditor of Ecopetrol for the fiscal year 2017.2018.

 

7.2139Code of Ethics

7.2       Code of Ethics

 

We have adopted arecently updated our code of ethics, which compliesconsiders, as ethical principles of the organization, the integrity, responsibility, respect and commitment to life. Our code of ethics also states that we must comply with the provisions contained in the applicable national and international laws in the countries where we have operations, including the U.S. and Colombian law.  Colombia.

In our code, we define the guidelines for the following aspects: conflict of interest; ethical conflict; prohibition of bribery and violations of the FCPA; Integrity in accounting; prevention of money laundering and financing of terrorism; gifts, amenities and hospitalities; protection and use of resources; information management and security; social responsibility and respect for human rights; whistleblowing channel; and examples of ethical behaviors.

Our code of ethics applies to our Board of Directors, our Chief Executive Officer, our Chief Financial Officer, principal accounting officer, persons performing similar functions and in general to all of the other employees of the company and its affiliates.

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All of our agreements with suppliers or third parties include a provision relating to compliance with applicable anti-bribery and anti-corruption regulations. These agreements also require our suppliers and third parties to accept our Code of Ethics and our compliance manuals.

 

Our code of ethics is available on our website at http:at:https://www.ecopetrol.com.co/especiales/codigoEtica_/index.html.wps/portal/es/ecopetrol-web/responsabilidad-corporativa/etica-y-cumplimiento/codigo-etica-conducta

 

If we amend the provisions7.3       Board of our code of ethics or if we grant any waiver of such provisions, we will disclose such amendment or waiver on our website at the same address.Directors

7.3Board of Directors

 

The information below sets forth the names and business experience of each of our current Directors elected at the shareholders’ ordinary meetingGeneral Shareholders Ordinary Meeting held on March 31, 201723, 2018 for terms of one year term beginning on that date, as of the date hereof:

 

MinisterAlfonso Camilo Barco Muñoz (51) Director General of State Owned Enterprises of the Ministry of Finance and Public Credit, Mauricio Cárdenas Santamaría (54)ishas experience in corporate finance, project management and corporate governance. He has served as advisor of Special Projects in the MinisterMinistry of Finance and Public Credit, since September, 2012. He was the Minister of Mines and Energy of Colombia from September 26, 2011 to September 3, 2012. He has served as Senior Fellow and Director at the Latin America Initiative of the Brookings Institution in Washington D.C. Previously, Mr. Cárdenas served as ExecutiveGeneral Director of Fundación para la Educación Superior y el Desarrollo (FEDESARROLLO), CEOInvestment Banking of Empresa de EnergíaBBVA Colombia and CFO of Interconexión Eléctrica S.A. Dr. Barco is a lawyer from Universidad del Rosario, with a specialization in financial law from Universidad de Bogotá, Ministerlos Andes. He also has a certification in finance from the London School of Economic Development, Minister of Transport,Economics and Director of the National Planning Agency of Colombia. Mr. Cárdenas holds a B.A. and master degree in economicsBusiness from the University Andes and a Ph.D. in economics from the UniversityOf Chicago School of Berkeley, California. In 2001, Mr. Cárdenas was a visiting scholar at Harvard University’s Center for International Development. Mr. Cárdenas has also served asBusiness. To date, he is a member of the board of directors at Generadora y Comercializadora de Energía del Caribe S.A. E.S.P. (GECELCA) and Bancoldex, representing the Ministry of various organizations, including the Latin AmericanFinance and Caribbean Economic Association (LACEA), University Andes and the Colombia Stock Exchange (BVC).Public Credit. Currently he is a Director of Banco de la República. Mr. Cárdenas has served as a Director of Ecopetrol´s Board since March 27, 2008. Currently Mr. CárdenasDr. Barco is a non-independent Directormember of Ecopetrol´s Board.Ecopetrol’s Board of Directors.

 

Mauricio CaberaCabrera Galvis (65)(66) currently serves as Director of the firm Cabrera & Bedoya Investment Bankers. He has been President of the FES Foundation and Banco de Occidente. He has served as Director and Financial Consultant of INCORBANK S.A. and as Public Credit Director in the Ministry of Finance and Public Credit Ministry of Colombia. He has been Technical Vice President of the Banking Association of Colombia and Head of the Global Programming Unit of the National Planning Department. He was Dean of the Faculty of Economics ofat the Universidad Externado de Colombia and an appointed economist in the Western Hemisphere Department of the International Monetary Fund. He holds aHis studies include an undergraduate degree in Philosophy from the Universidad Javeriana, and holds a Master’s Degree in Economics from Universidad de los Andes. He attended theAndes, and he took Ph.D. program atclasses from the London School of Economics. HeMr. Cabrera is a Directorcurrently part of Industriasthe Board of Directors of Industria de Licores del Valle, Clínica DIME, ASTORGA and Fabricato. Mr. Cabrera has served as aan independent Director of Ecopetrol’s Board of Directors since March 31, 2017.2016. Currently Mr. Cabrera is an independent Director of Ecopetrol´s Board.Ecopetrol’s Board of Directors.

 

Yesid Reyes Alvarado (58)Jorge Londoño Saldarriaga (70)has been is currently an Operating Partner of Advent International and serves as a professor at the Universities Externado, Libre, Santo Tomás, Autónomaconsultant in strategic and financial areas with a broad group of Madrid and Los Andes. He has acted as Associate Judgecompanies in the Tribunal Superior de Bogotá, Consejo Superior de la Judicatura, Supreme Courtindustrial, finance, and Constitutional Court. He has also been a columnist forinfrastructure and technology sectors. In 1993 he joined the newspaper El Espectador. He served as MinisterBoard of Justice and Law of Colombia during august 2014 to April 2016. He is currently DirectorDirectors of the CenterBIC (now BANCOLOMBIA, NYSE CIB), and in 1996 he assumed the Presidency of the BIC, which he held for Research in Philosophy15 years. Mr. Londoño has a business degree from Universidad EAFIT and Law at the University Externado. Mr. Reyes holdslater, he received a master’s degree in law and a specialization and Master in Criminal, Criminological and Criminalistics Sciences in the same university. He holds a PhD in LawEconomic Development (M.Phil.) from the University Autónoma of MadridGlasgow, Scotland. He is a member of the Board Directors of Organización Corona and had a research fellowship in Alexander von Humboldt Stiftug atCorona Industrial, Banco Falabella Colombia, LifeMiles and member of the UniversitySuperior Council of Bonn (Germany).the Universidad EAFIT. Currently Mr. Reyes has served as a DirectorLondoño is an independent member of Ecopetrol’s Board since September 14, 2016. Currently Mr. Reyes is an independent Director of Ecopetrol’s Board.Directors.

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Ana Milena López RochaClaudia Isabel Gonzalez (48) (36) serveshas more than twenty years of experience in the public sector and is currently the Legal Secretary of the Presidency of the Republic. She served as the DirectorGeneral Secretary of Public Credit and National Treasury at the Colombian Ministry of Finance since April 2015.and Public Credit from 2012 until the beginning of 2017 and from the Ministry of Mines and Energy from the end of 2011 until mid-2012. She also worked in the Ministry of National Defense, in the Financial Fund for Projects and Development (FONADE), she was the National Administrative and Financial Director of the Office of the General Prosecutor of the Nation and Technical Deputy Director of the National Planning Department. Additionally, she worked as a PartnerFerrovías employee and as head of the Human Resources Division of the Territorial Development Financier (FINDETER). Ms. González is a lawyer from Universidad del Rosario and specialized in Financial Legislation at asset manager Newfoundland Capital Management and an external advisor to Fiduciaria Alianza and Alianza Valores. She held leadership positions at Sociedades Bolivar S.A. and J.P. Morgan Chase Bank. Ms. López holds a B.A. in Economics from Harvard University and a Master´s Degree in Business from Columbia Business School.the Universidad de los Andes. She is currently a member of the Board of Directors of Interconexión EléctricaCentral de Inversiones S.A (CISA) and Fiduprevisora S.A. E.S.P. - (ISA) and Financiera de Desarrollo Nacional.Currently, Ms. López has served asGonzález is a Directornon-independent member of Ecopetrol’s Board since September 14, 2016. Currently Ms. López is a non-independent Director of Ecopetrol´s Board.Directors.

 

Jaime Ardila Gómez (61)Gomez (62)was presidentserved as CEO of General Motors for South America and hasfrom the year 2010 until February 2016. Within General Motors he held variousdifferent positions within General Motors. Among these, he actedsuch as President for Brazil and Mercosur; CFO for Latin America, Africa and the Middle East; CEO and Managing Director in Argentina; CEO and Managing Director in COLMOTORES, CEO and Managing Director in Ecuador; Omnibus BB, CFO in Chile; and Treasurer in Mexico, among others. He also served as Managing Director in Colombian Operations for N.MN.M. Rothschild and Sons and Secretary General of the Ministry of Industry and Trade in Colombia. Mr. Ardila holds a B.A. in economics from the University of Bogota Jorge Tadeo Lozano and a master degree in economics from the London School of Economics. He is aChairman of the Board of Goldman Sachs BDC, member of the Board of Directors of Goldman Sachs BDC, Accenture Counciland founder of the Americas and the Chamber of Commerce of Brazil.consulting firm The Hawksbill Group. Mr. Ardila has served as a Director of Ecopetrol’s Board of Directors since March 31, 2016. Currently Mr. Ardila is an independent Director of Ecopetrol´s Board.Ecopetrol’s Board of Directors.

 

Carlos Alfredo Cure Cure (72)(74)wasserved as Ambassador of Colombia to Venezuela. Hein Venezuela from August 5, 2011 until June 22, 2013. Before serving as ambassador, Mr. Cure was appointed CEO of Bavaria S.A., the largest brewery in Colombia. He also served asAdditionally, he was an advisor to the Board of the Olympic GroupDirectors of Grupo Olimpica S.A. and member of the Board of Avianca S.A. (Colombia’s national airline).He. He acted as deputy financial manager of Cementos del Caribe, CEO of Cementos Toluviejo and CEO of Astilleros Unión Industrial. Mr. Cure holds a degree in Civil Engineering from the National University of Medellin. Mr. Cure has served as aan independent Director of Ecopetrol´sEcopetrol’s Board of Directors since September 5, 2015.2015, in which he currently is the chairman of Ecopetrol’s Board of Directors. Currently Mr. Cure is an independent Director of Ecopetrol´s Board.Ecopetrol’s Board of Directors.

 

Joaquín Moreno Uribe (68)(69)earned a degree in civil engineering from Universidad Industrial de Santander and completed a The Advanced Management Program (AMP) at The Harvard University Business School. Mr. Moreno worked initiallystarted his career as Director for Constructions and Engineering of Urbanas, in Bucaramanga, Colombia. He joined then joined the Royal Dutch/Shell Group (RDS) of companies for more than 33 years. His career within Shell included various positionswas comprised by different roles at technical, managerialmanagement and leadership levels, in different sectors of the Oil & Gas Industries (Upstream and Downstream), Chemicals, Metals and Coal. He has worked in different countries inacross America and Europe, including several appointments at regional, global and corporate levels at the Headquarters of the RDS Group in London and The Hague. Mr. Moreno has also served as Country Chairman and President for Shell in Mexico, Colombia and Venezuela, as well as Regional CEO for the Northern Latin American Region.Region (Peru, Ecuador, Venezuela, Colombia and Mexico). On his return to Colombia, he was appointed by the PresidencyPresident of the Country,Republic, as High Presidential Commissioner –Ad– Ad Honorem- in charge of coordinating the reconstruction of the areas affected by the heavy rain season and floods of early 2005, in the Region of Santander and Northern Santander. Mr.Joaquin Moreno earned a degree in civil engineering from Universidad Industrial de Santander and completed an Advanced Management Program (AMP) at Harvard University Business School. .Mr. Moreno has been a member of the boards of directors of various local and international companies, as well as educationalacademic Institutions and leadership institutionsThink Tanks of Management and Leadership initiatives. Mr. Moreno has served as aan independent Director at Ecopetrol’s Board of Ecopetrol´s BoardDirectors since March 27, 2008. During this period, he has acted as president of the Audit and Risk Committee, of the Compensation and Nomination Committee, as well as of the Business Committee.

Hernando Ramirez Plazas (64) has held positions at Universidad Surcolombiana, as Dean of the Faculty of Engineering, Academic Vice-Principal, Principal, and Professor. He has worked at the National Institute of Health and at the Ministry of Health. He had a role as an external evaluator for Colciencias in technology development and innovation projects in the area of natural gas. Additionally, he has acted as a trainer in gas issues for production personnel at Canacol Energy Inc., and he currently provides professional services to Comfamiliar Huila. Mr. Ramirez is a Chemical Engineer graduated from Universidad Nacional de Colombia, with a Master's Degree in Public Health from the same University, and a Specialization in Gas Engineering from Universidad de Zulia (Venezuela). Currently, Mr. MorenoDr. Ramírez is an independent Directormember of Ecopetrol´s Board.Ecopetrol’s Board of Directors.

Horacio Ferreira Rueda (47) is an executive leader with more than 20 years of international experience in the oil industry. His knowledge and expertise stem from positions as CEO and President of an oilfield services company in Houston, TX to application of state of art technologies in the oil industry. He has led and executed numerous reservoir engineering projects in the Americas, Europe, Africa, Middle East and Far East and has conducted research in optimization of multiphase meters, underbalanced reservoir engineering, real time reservoir and production analysis, reservoir simulation and waterflood techniques with horizontal wells. He holds a BS in Petroleum Engineering from Universidad América, master and doctoral degrees in Petroleum Engineering from Texas A&M University and a business graduate degree in Management of International Corporations from Texas A&M University. Mr. Ferreira has served as a Director of Ecopetrol´s Board, nominated by the hydrocarbon producing provinces of Colombia, since January 23, 2014. Currently Mr. Ferreira is an independent Director of Ecopetrol´s Board, nominated by the hydrocarbon producing provinces of Colombia.

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Carlos Gustavo Cano Sanz (70)(71)has been President of the Colombian Agriculture Association (SAC); founder and director of Corporación Colombia Internacional (CCI); President of the Agrarian Fund; President of the newspaper El Espectador; and he currently serves as Professorteaches in the Master of Corporate Finance at CESA. He was Director of BancoCESA University and in Universidad de la República from February 4, 2005 to January 31, 2017.los Andes in the Business School. He was Minister of Agriculture between August 7, 2002 and February 3, 2005.2005 and Co-Director of Banco de la República between February 4, 2005 and January 31, 2017. He served as an external consultant to the Alternative Development and Competitiveness for the Andean Region from 1999 to 2002. He represented Colombia at the Inter-American Institute for Cooperation on Agriculture (IICA) from 1997 to 1999. He acted as President of COMUNICAN S.A. from 1996 to 1997, Caja Agraria from 1995 to 1996 and Sociedad de Agricultores de Colombia (SAC) from 1990 to 1991. He was General Manager of the National Federation of Rice Growers (FEDEARROZ) and the Agroindustrial Complex of Tolima S.A. (CATSA). Mr. Cano is an Economist from the University of LosUniversidad de los Andes in Bogotá; with a mastermaster’s degree in Economics from the University of Lancaster England. He has ain England; postgraduate degree in Government, Business and International Economics fromat Harvard University in Boston and frompostgraduate studies at the InstituteInstituto de Alta Dirección Empresarial (INALDE) of Higher Business Management (INALDE)Bogotá. He has served asis a member of various boardsthe Superior Council of directors, including the ComisióEAFIT University of Medellín, Nacional de Crédito Agropecuario, FINAGRO, Banco Agrario, ICA, CORPOICA,of the National Coffee GrowersConsultative Committee among others. He doesn’t serve as a Directorfor Agriculture of joint-stock company.Bancolombia, and of the Group on Earth Observations Global Water Sustainability (GEOGLOWS) in the United States. Mr. Cano has served as aan independent Director ofin Ecopetrol’s Board nominated by the minority shareholders with the greatest share participation,of Directors, since March 31, 2017. Currently Mr. Cano is an independent Directormember of Ecopetrol´sEcopetrol’s Board nominated by the minority shareholders with the greatest share participation.of Directors.

  

7.3.1141Board Practices

7.3.1       Board Practices

 

Our Board of Directors is composed of nine members and is responsible for, among other things, establishing our general business policies. The majority of the Board of Directors must be independent, and must be elected pursuant to the criteria set out in paragraph two, Article 44, Law 964, 2005, and in accordance with the procedure determined in Decree 3923, 2006, or any other provisions that regulate, amend, replace or add such regulations. In addition, pursuant to our bylaws and in accordance with the procedures described therein, our majority shareholder must include, in its list of candidates for the last two seats in the Board of Directors, the name of one individual jointly proposed by departments that produce hydrocarbons and one individual jointly proposed by the ten minority shareholders with the highest equity participation. According to Colombian law, the members of the Board of Directors must be elected by the shareholders’ meetingGeneral Shareholders Assembly in accordance with a proportional representation system similar to cumulative voting (through an electoral quota voting system). The number of votes required to fill each position is calculated by dividing the number of possible votes by the number of open board positions. The members of the Board of Directors may be elected without an electoral quota voting system when there is unanimity. Pursuant to our bylaws, positions on our Board of Directors are elected for a one-year term, and the positions are filled either by person or by position. Members of the Board mayposition and, beginning in 2019, Directors will be reelected indefinitely.elected for a two-year term. Currently, we have one Director appointed by his position: The General Director of State Participations of the MinisterMinistry of Finance and Public Credit. Our current Directors were elected at the ordinary shareholders’ meetingGeneral Shareholders Assembly held on March 31, 2017. Directors23, 2018. Members of the Board may be removed without cause at any moment by a majority of the shareholders present at a general shareholders’ meeting.reelected indefinitely.

 

Our CEO is appointed by the Board of Directors and has two alternates. The CEO is elected for a two-year term, may be reelected indefinitely and freely removed prior to the expiration of his term. In accordance with our bylaws, the Board of Directors must evaluate the annual performance of the CEO and such results must be published in Ecopetrol’s web page or in an alternative media vehicle.

 

The compensation of our Directors is set exclusively by the shareholders at the general shareholders’ meeting.General Shareholders Assembly. Directors are compensated for attending board meetings and committee meetings. A Board meeting requires a quorum of at least five members and decisions are approved with a majority of the Directors present. In the practice a consensus decision making operates in the Board.

 

Under Colombian law, a director or executive officer must abstain from participating in any transaction that may result in a conflict of interest or that involves competitioncompeting with the company, unless authorized at a general shareholders’ meeting.General Shareholders Assembly. The general shareholders may approve or reject the transaction giving rise to the conflict of interest with the vote of the majority of the shares present at the shareholders’ meeting.General Shareholders Assembly. If the director or executive officer who has the conflict is a shareholder, his or her vote must be excluded. We disclose conflicts of interest of our employees, executive officers and Directors in our annual reports.

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Neither our bylaws nor our corporate governance code provide a retirement age for our Directors. Under our bylaws, there is no requirement for a person to have a minimum number of shares to be elected as a Director. Colombian law provides that Directors willing to sell or purchase shares in our Company need prior authorization from the entire Board of Directors. Colombian law does not impose any limitation as to the number of shares that may be acquired by a Director.

 

7.3.2Board Committees

7.3.2       Board Committees

 

Pursuant to our bylaws, our Board of Directors has the ability to constitute the committees it considers necessary. The Board of Directors currently has four committees (audit and risk committee, corporate governance and sustainability committee, compensation and nomination committee and business committee), whichcommittee. These committees establish guidelines, set specific actions and evaluate and submit proposals designed to improve performance in the areas under their supervision and control. TheseThe committees are comprised of members of the Board of Directors who are also appointed by the members of the Board of Directors and thesame members. The chairman of each of the committees must be an independent Director. In addition to applicable regulations, the committees also have their own specific regulations that establish their purposes, duties and responsibilities.

 

Table 6560 – Composition of committees of the Board of Directors as of April 20, 2017March 22, 2018

 

Audit and Risk Committee Compensation and
Nomination Committee
Corporate Governance  
and Sustainability  
Committee

Horacio Ferreira Rueda

Jaime Ardila Gómez

Joaquín Moreno Uribe

Yesid Reyes Alvarado

Carlos Gustavo Cano Sanz

Rueda*
 

Minister of Finance and Public Credit

Jaime Ardila GomezCarlos Cure Cure

Ana Milena López Rocha

Joaquin Moreno UribeJoaquín Moreno Uribe

Yesid Reyes Alvarado*Mauricio Cabrera Galvis

Carlos Gustavo Cano Sanz 

Corporate Governance and Sustainability CommitteeBusiness Committee
Minister of Finance and Public Credit

Horacio Ferrerira Rueda

Carlos Cure Cure

Yesid Reyes Alvarado

Jaime Ardila Gómez

Carlos Gustavo Cano Sanz

Mauricio Cabrera Galvis

Business Committee 

Minister of Finance and Public Credit

Horacio Ferreira Rueda
Rueda**
Horacio Ferreira Rueda***
Carlos Cure CureJoaquín Moreno Uribe
Yesid Reyes Alvarado**Carlos Cure Cure

Jaime Ardila Gómez

Jaime Ardila Gómez
Carlos Gustavo Cano Sanz

Carlos Gustavo Cano Sanz
Mauricio Cabrera Galvis

 Mauricio Cabrera Galvis

* Not elected to the Board of Directors at the General Shareholders Ordinary Meeting on March 23, 2018. Replacement will be elected to the Audit and Risk Committee after this annual report. 

** Not elected to the Board of Directors at the General Shareholders Ordinary Meeting on March 23, 2018. Replacement will be elected to the Corporate Governance and Sustainability Committee after this annual report. 

*** Not elected to the Board of Directors at the General Shareholders Ordinary Meeting on March 23, 2018. Replacement will be elected to the Business Committee after this annual report.

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Audit and Risk Committee

 

Our audit and risk committee, which must be comprised of at least three members, all of them independent Directors, is our highest internal control body and provides support to our Board of Directors on risk, accounting and financial matters. It is in charge of guaranteeing the design, implementation and supervision of our internal control over financial reporting. It also ratifies the annual hydrocarbons reserves report and provides support for our Board on analyzing topics related to financial matters, risks, control environment and the assessment of the Company’s internal and external auditors.

 

All committee members are required to be knowledgeable in accounting matters and at least one of them is required to be an expert in financial and accounting matters.

 

Our Board of Directors has determined that Jaime Ardila Gómez qualifies as an “audit committee financial expert,”expert” and he is independent under the definition of “independent” applicable to us under the rules of the NYSE.

 

The audit and risk committee approves on a case-by-case basis any engagement of our external independent auditors to provide services different than those related to auditing our financial statements. Occasionally, the audit and risk committee will have no doubt that these additional services do not compromise the external auditor’s independence. When in doubt, the committee will request the opinion of the internal auditor.

141

 

Compensation and Nomination Committee

 

Our compensation and nomination committee, which must be comprised of at least three members, including at least one independent director, provides general guidelines for the selection and compensation of our executive officers and employees.

 

Corporate Governance and Sustainability Committee

 

Our corporate governance and sustainability committee, which must be comprised of at least three members, including at least one independent director, makes proposals to our Board of Directors to ensure and supervise the fulfillment of our good corporate governance and sustainability practices in accordance with our corporate governance code.

 

Business Committee

 

Our business committee, which must be comprised of at least five members, including at least one independent Director, assists our Board in analyzing potential business ventures. Based on its delegation of power, the committee studies and analyzes capital expenditure policies, major investment projects, strategy, new business and other matters that would help us move forward in our efforts toward the consolidation of our strategy. The primary criteria used in the committee’s decision-making process are the optimization of our portfolio and the proper allocation of our resources.

 

7.4Compliance with NYSE Listing Rules

7.4       Compliance with NYSE Listing Rules

 

The following is a summary of the significant differences between our corporate governance practices and those required for U.S. companies under the NYSE listing standards.

 

NYSE Standards

 Our Corporate Governance Practices

Director Independence

 
The majority of the board of directors must be independent.  §303A.01.  “Controlled”Controlled companies,” which would include Ecopetrol if we were a U.S. issuer, are exempt from this requirement.  A controlled company is one in which more than 50% of the voting power is held by an individual, group or another company, rather than the public.  §303A.00.Pursuant to our bylaws, the majority of the Board of Directors must be independent.  As of the date of this annual report, we have seven independent Directors and two non-independent Directors.

 144 

NYSE StandardsOur Corporate Governance Practices
Executive Sessions  
The non-management directors of each listed company must meet at regularly scheduled executive sessions without management.  §303A.03. A comparable rule does not exist under Colombian law.  Except for our audit and risk committee, our Board of Directors does not meet without management.
   
Nominating/Corporate Governance and Sustainability Committee 
A nominating/corporate governance and sustainability committee composed entirely of independent directors is required.  The committee must have a charter specifying the purpose, duties and evaluation procedures of the committee.  §303A.04.  “Controlled companies” are exempt from these requirements.  §303A.00. Colombian law does not require the establishment of a nominating and a corporate governance and sustainability committee composed entirely of independent directors.  Pursuant to our bylaws and board charter, these committees shall be composed of a majority of independent Directors.
   
Compensation Committee  
A compensation committee composed entirely of independent directors is required, which must evaluate and approve executive officer compensation.  The committee must have a charter specifying the purpose, duties and evaluation procedures of the committee.  §303A.05.  “Controlled companies” are exempt from this requirement.  §303A.00. Colombian law does not require the establishment of a compensation committee composed entirely of independent directors.  Pursuant to our bylaws and board charter, this committee shall be composed of a majority of independent Directors.

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NYSE Standards

Our Corporate Governance Practices

Audit and Risk Committee

 
An audit committee with a minimum of three independent directors satisfying the independence and other requirements of Rule 10A-3 under the Exchange Act and the more stringent requirements under the NYSE standards is required.  §§303A.06 and 303A.07. According to Law 964 of 2005, Colombian companies that are authorized to issue securities by the Superintendence of Finance must have an audit committee that satisfies the requirements of Law 964 of 2005, including its minimum number of members, independence criteria and audit related duties.  Our audit and risk committee is composed entirely of independent Directors, and the committee meets the requirements of Law 964 of 2005 and Rule 10A-3 under the Exchange Act.
Equity Compensation Plans  
Equity compensation plans and all material revisions thereto require shareholder approval, subject to limited exemptions.  §§303A.08 and 312.03. Under Colombian law, no similar right to vote on equity compensation plans and material revisions thereto is given to shareholders.  We do not give our shareholders the right to vote on equity compensation plans and material revisions thereto.
Corporate Governance Guidelines  
Listed companies must adopt and disclose corporate governance guidelines.  §303A.09. The Superintendence of Finance recommends the adoption of corporate governance guidelines to all Colombian issuers.  According to Superintendence of Finance Circular No. 028, 2014, the adoption of corporate governance guidelines is voluntary.  Listed companies must annually publish a corporate governance survey comparing their corporate governance standards with those recommended by the Superintendence of Finance.  Our corporate governance code and our survey of the adoption of Colombian practices are available on our website athttp://www.ecopetrol.com.co.

145

NYSE StandardsOur Corporate Governance Practices
Code of Ethics for Directors, Officers and Employees  
Corporate governance guidelines and a code of business conduct and ethics is required, with disclosure of any waiver for directors or executive officers.  The code must contain compliance standards and procedures that will facilitate the effective operation of the code.  §303A.10. We have adopted a code of ethics which complies with applicable U.S. and Colombian law.  Our code of ethics applies to our chief executive officer, chief financial officer, principal accounting officer, persons performing similar functions and to all of the employees, members of the Board of Directors, suppliers, and contractors of Ecopetrol S.A. and its corporate group.  Our code of ethics is available on our website athttp://www.ecopetrol.com.co.

 

7.5Management

7.5       Management

 

The following presents information concerning our executive officers and senior management. Unless otherwise noted, the majority of these individuals are Colombian citizens.

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Juan Carlos Echeverry (54)Felipe Bayon Pardo (52)has served as the Chief Executive Officer of Ecopetrol Colombia’s National Oil Company, since April 2015. From 2010 to 2012, he was Colombia’s Minister of Finance. During his mandate, four international publications (The Banker, América Economía, Emerging Markets, and Institutional Investor) awarded him as Best Finance Minister of the Americas.September 2017. Prior to his current role,being appointed Chief Executive Officer, Mr. Echeverry represented Colombia in the Board of Directors of the Inter–American Development Bank (Washington D.C.). He alsoBayón served as Dean of Economics at University of the Andes (Bogotá). From 2000 to 2002 he was the Director of Economic Planning of Colombia. In 2002, Mr. Echeverry founded Econcept, a Bogotá based economics and business consultancy, and was partner of Global Source, a New York based consultancy. He is the author of several books about the Colombian economy and co-author of publications focusing on developing economies. Mr. Echeverry received a Ph.D. in Economics from New York University, a graduate studies degree in International Economics from Kiel Institute of the World Economy and B.A. in Economics from the University of the Andes (Bogotá).

Felipe Bayon Pardo (51) has served as the Executive Vice-PresidentChief Operating Officer of Ecopetrol sincefrom February 2016.2016 to September 2017. Mr. Bayon holds a degree in Mechanical Engineering from the Universidad de Los Andes (Bogotá). He has over 2526 years of experience in the oil and gas industry. For more than 20 years, he worked at BP plc, most recently as Senior Vice-President of BP America and Head of Global Deepwater Response. From 2005 to 2010, he was the Regional President of BP Southern Cone (South America), and prior to 2005 he worked in BP’s headquarters as Chief of Staff to the Upstream CEO and Head of the Executive Office for Exploration and Production. He began his career in 1995 in BP Colombia, as a Project Engineer, where he held various positions until becoming Vice-President of Operations in Colombia. Prior to this, he worked for Shell.

María Fernanda Suárez (42)Suarez (43) has served as the Chief Financial Officer of Ecopetrol since August 2015. Ms. Suárez holds a degree in Business Administration from CESA and a master’s degree in Policy Management from Georgetown University. Ms. Suárez has 2022 years of experience in the public and private sectors. She has held various positions in these sectors, including Director of Public Credit and National Treasury at Ministry of Finance and Public Credit, in the Treasury Department,Chief Investment Chief Officer at Porvenir (largest asset manager in Colombia with AUM~US$40 billion) and other high-level positions at Citibank, ABN AMRO and Bank of America. She has served on the board of directors for ISA, Isagen, XM, FEN, Cenit among others.and Ocensa.

Hector Manosalva(54) (56) joined Ecopetrol in 1986 and has served as Vice-President for Development and Production since July, 2014.  Mr. Manosalva holds a degree in Petroleum Engineering from the Universidad de America (Bogotá), completed post-graduate studies in finance at the Universidad EAFIT and Executive Management at the Universidad de los Andes.  Over the course of his career at Ecopetrol, Mr. Manosalva has held various positions, including Executive Vice-President for Production and Exploration, Vice-President of Production, Production Manager of the Central Region, President of Colombia’s Advisor for Safety and Security of National Energy Infrastructure, Director of HSE and Corporate Social Responsibility, Production Manager of the Southern Region and Head of the Production Planning Division.

Max Torres (59)(60)has served as Exploration Vice-President since September 2014. Mr. Torres holds a B.S. degree in Geology from Universidad Nacional of Tucumán in Argentina and an M.S. in Stratigraphy from Georgia State University. He has more than 28 years of experience in oil and gas exploration and production and is a proven world class oil and gas finder and a champion of Latin American oil and gas exploration. Among his many professional accomplishments, Mr. Torres was directly responsible for the 16 Tcfg Perla gas field discovery in Venezuela, the 275 Tcfg super giant Galkynysh gas field discovery in Turkmenistan, as well as other oil and gas discoveries. Prior to joining Ecopetrol, Mr. Torres worked at Repsol from 1997 to 2013 as Exploration Director for Europe and the Middle East, Exploration Director for Europe and Africa and Exploration Director for Latin America. *Voluntary resignation effective May 7, 2018.

 

146

Rafael Espinosa (49)(50)has served as Vice-President of Transportation since September 2016.  Mr. Espinosa holds a bachelor’s degree in Civil Engineering from Universidad Santo Tomas in Colombia and a MBA from University of theUniversidad de los Andes (Bogotá).  He has worked for Ecopetrol for the last 23 years and has held various positions within the company, including Operations and Maintenance General Manager, Pipelines Manager, Central Operation Superintendent, Chief of Operations Department, Plant Coordinator, Pipeline Maintenance Engineer and Community Relationships Engineer.

 

144

Rafael Guzman (50)(51) joined Ecopetrol in 2010 and has served as Technical Vice-President since May 2013. Mr. Guzman holds a B.S. degree in Petroleum Engineering from Universidad America in Colombia (1995), a M.S. in Petroleum Engineering and a PhD in Petroleum Engineering with minor in Mathematics both from Stanford University. Mr. Guzman has been with Ecopetrol since October 2010, where he has held several positions as regional production manager. Prior to that, Mr. Guzman worked with ENI in managerial positions in Europe and Latin America.

Luisa Fernanda Lafaurie (56)Alberto Consuegra Granger (58) has served as Cenit’s Chief Executive OfficerVice-President of Supply and Services since SeptemberAugust 2016.  Ms. LafaurieHe is currently deputizing as President for Cenit Transportes, Ecopetrol’s brand in the Midstream segment. Mr. Consuegra holds a degree in EconomicsCivil Engineering from the Universidad Javeriana withde Cartagena and has a Master’s Degreemaster’s degree in Business AdministrationPavements and a Degree in Finance and SeniorConstruction Management from Los Andes University (Bogotá). Ms. Lafaurie has accumulated extensive experienceTexas A&M University.  Before joining Ecopetrol, he was Vice-President of Exploration and Production at Equion Energia Limited, where he also served as the Vice-President for Projects and Production during the period 2011-2016.  Alberto began his professional career in 1984 by working for Morrison Knudsen International as a contract coordinator during the construction of the Cerrejon project.  In 1993 he joined Ecopetrol, working in the energy sector, both in the publicprojects Group, afterwards, he went on to BP Exploration, where he worked for 16 years starting as a contract coordinator, then as procurement and private sector, serving as Minister of Mines and Energy (2001-2002) and Deputy Minister of Mines and Energy (1998-2000), and in the private sector as an external advisor to mining and fuel distributors companies. She was a founding member of Sumatoria, a firm where she worked as an advisor on corporate strategies and business issues. As chief executive officer of HJDK (2009-2013), German Efromovich´s business group in Colombia, Ms. Lafaurie led the development of hospitality and agribusiness companies. She was also an advisorcontract manager, then human resource manager for the Synergy Group corporations in Colombia with the exception of Avianca. Ms. Lafaurie worked at Carbocol (1985-1996)Andean area, and has servedfinally as a memberleader of the boardColombian Performance Unit until end of different companies such as Ocensa, Ecopetrol, Carbocol, Minercol, Ecogas, ISA, Almacenes Exito, ISAGEN, and Conconcreto in Colombia, and CTEEP in Brazil. Currently, she is member of the board of directors of Avianca, Financiera de Desarrollo Nacional (FDN), Emgesa, Ocensa and Oleoducto Bicentenario.2010.

Tomas Hernandez (62)(63) has served as Vice-President of Refining and Industrial Processes in Ecopetrol since February 2016. He has over 3739 years of internationalmultinational experience in the field of oil and gas sector. He has servedworked as Business Manager at Chevron’s Pascagoula refinery in the United States, General Manager for Marketing Operations for Chevron Texaco in Latin America and Africa-Europe-Pakistan Regions and has spent over 20 years in managerial positions in various refineries at Chevron. Prior to joining Ecopetrol, he was Deputy Upgrader Manager at Petropiar, a non-operated joint venture in which Chevron participates.holds a 30% interest. Mr. Hernandez holds a degree in Chemical Engineeringgraduated from the University of Missouri – Rolla (University of Science and Technology Missouri). in 1978 with a Bachelor of Science Degree in chemical engineering.

Jürgen Loeber (59)(60) has served as the Projects & Engineering Vice-President of Ecopetrol since May 2016. Mr. Loeber holds a degree in Business Administration from Universidad del Norte and specialization in Project Management. He joined the Army Corps of Engineers as reserve officer and reached a captain rank.  He has over 30 years of experience in the Oil & Gas industry. For the last 10 years, he worked at Equion Limited (formerly BP Exploration Colombia) as Project Director. From 2001 to 2006, he was Project Director for Wood Group Colombia. From 1992 to 2001 he worked for BP in various countries as project manager, construction manager and project control engineer. He began his career in 1985 in Exxon as financial analyst.

 

Pedro Manrique (52)(53) was named Commercial and Marketing Vice President as of April 2017. Mr. Manrique holds a bachelor’s degree in Electrical Engineering from the Universidad Industrial University ofde Santander, Colombia. He has a Master’s degree in Industrial and Systems Engineering from the University of Florida and an MBA from the IE Business School in Madrid, Spain. Mr. Manrique has 27 years of experience in the oil and gas industry. His previous position was as the Commercial and Business Planning Manager for Chevron Latin America, in Caracas, Venezuela. At Chevron he also served as Commercial and Business Development Manager in Chevron Colombia based in Bogotá, Colombia. During his career he also worked Enron Energy Services as Risk Manager, out of their headquarter offices in Houston, Texas. He has also served as member of the Leadership Team of Chevron Latin America and as member of the national operations council of natural gas in Colombia, among many other responsibilities.

Carlos Alberto Vargas Medina (47)(48) has served as Vice-President of Transformation since December 2015. Mr. Vargas holds a degree in Petroleum Engineering from America University. He has 2325 years of experience across the integrated oil and gas value chain with a focus in drilling and well interventions and an expertise in exploration, appraisal, development and production onshore and offshore wells. He has held management positions in the United Kingdom, Argentina, Bolivia and Colombia, where he has developed key skills in strategy, performance management systems, risks management, HSE and integration of multicultural and multidisciplinary teams. Prior to taking his current position, he was the Vice-President of Drilling and Completions at Equion.

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Fernán Ignacio Bejarano Arias (60)(61) has served as Vice-President of Legal Affairs and General Counsel at Ecopetrol since March 2016. Mr. Bejarano Arias holds a bachelor’s degree in Law from Universidad Javeriana in Bogotá and an LLM from the American University (Washington D.C.). In his more than thirty years of professional experience, he has been a partner at the law firms of Estudios Palacios Lleras S.A, Bejarano Cárdenas y Ospina y Asociados Ltda and OPEBSA Compañía de  Abogados S.A.S. and has worked for several years at important positions in the public sector, such as the Vice-Minister of Foreign Affairs, Secretary of the Monetary Board, Secretary of the Board of Directors of the Banco de la República (Colombian Central Bank),  Office of Legal Affairs Counselor at the Presidency of the Republic of Colombia, Vice-President of Legal Affairs and General Counsel at Corporación Finaciera Colombiana. Mr. Bejarano Arias has been a professor at the Faculty of Law of the Universidad Javeriana, and has been arbitrator before the Center for Arbitration and Conciliation of the Bogotá Chamber of Commerce.

María Juliana AlbánAlban (41) has served as Compliance Vice-President and Compliance Officer since July 2015.  Ms. Alban holds a law degree from Universidad Sergio Arboleda with a specialization in Commercial and Financial Law from the same institution.  Since 2007, Ms. Alban has worked in the Attorney General’s Office (Procuraduría General de la Nación) as Attorney General for State Contracts, General Secretary and Chief of Legal Office, among other positions within the institution.

Alejandro Arango (57)(58)has served as Vice-President of Human Resources at Ecopetrol S.A. since October 2014.  He has more than 20 years of professional experience around the world and has worked as a Vice-President of Human Resources at Banco Santander in Colombia and as Human Resources Director of the Consumer Finance Division, Strategy Division and Cards Division at Banco Santander in Spain.  Mr. Arango has also served as Human Resources Director for the Asia Pacific region at Banco Santander in Hong Kong and as a Global Human Resources Division T&O, among others.  Mr. Arango holds a degree in Strategic Marketing from CESA School of Business and a bachelor’s degree in Theology from the Universidad Hochschule Sankt Georgen (Frankfurt) and a bachelor’s degree in Philosophy from Javeriana University.

AndrésAndres Mantilla (46)(47) has served as the Director of the Colombian Petroleum Institute of Ecopetrol, the technology development center of the company, since September 2013. He holds a degree in Petroleum Engineering from Universidad Industrial de Santander, Colombia, Master of Science degree in Petroleum Engineering from Stanford University, and a Ph.D. in Geophysics from Stanford University. His professional work includes the leadership and management of oil and gas technology development, demonstration and implementation teams. He worked for Ecopetrol holding various positions between 1994 and 2006. Before rejoining Ecopetrol in 2013, he worked for BP Colombia, Marathon Oil Company and Maersk Oil. During his professional career he has had exposure to exploration and production projects and the evaluation of new ventures in Colombia, the Gulf of Mexico, the North Sea, West Africa, South America and the Middle East.

Eduardo Uribe Botero (57)(58) has served as Vice-President of Sustainable Development and Environmental since August 2015. Mr. Uribe holds a degree in Agricultural Engineering from Caldas University, a master’s of science in Soil Chemistry and a Ph.D. in Fertility and Management of Tropical Soils. He has over 25 years of experience in the private and public sectors. In 1994, he was appointed the first Vice-Minister of the Environment in Colombia. In recent years he has served as a strategic, environmental and social advisor to companies and organizations in the fields of hydrocarbons, mining, energy, forestry, environmental and agribusiness through the consulting firm Optim Consulting.

Alberto Consuegra Granger (57)Carlos Andrés Santos Nieto (40)has servedbeen temporarily appointed as Vice-President of Supply and Services since August 2016.February 2018. Mr. ConsuegraSantos is an Economist from Universidad Externado de Colombia and holds a post-graduate degree in Civil EngineeringInternational Economics from Cartagena Universitythe same institution and has a master’s degreecollege diploma course in PavementsAdvanced Negotiations from Universidad CESA several and Construction Management from Texas A&M University.other negotiations training provided by BP in Colombia, Alaska and London. His latest position was Vice-President of ExplorationProcurement and ProductionSupply Chain Manager at the Company. Prior to joining the Company, he served as Offshore Business Unit General Manager in Coremar Group and Procurement & Supply Chain Manager Drilling, Wells, Subsurface and Offshore in Equion Energia Limited where he(Former BP Exploration Colombia). He also served as the Vice-PresidentLatin America Procurement Sourcing Manager for ProjectsMerck Sharp & Dhome and Production. Alberto began his professional careerProcurement & Supply Chain Manager Specialist for Quala Colombia S.A. He has held various positions within BP as PSCM Drilling & Wells Category Lead – Iraq SPU in 1984 by working for Morrison Knudsen International as a contract coordinator during the construction of the Cerrejon project. In 1993 he joined Ecopetrol, workingLondon, PSCM Market Intelligence Lead & Deflation Project Lead in the project group, afterwards, he went on to BP Exploration, where he worked for 16 years starting as a contract coordinator, then as procurementAlaska, PSCM Specialist D&W in Alaska, PSCM Specialist O&M in Colombia, PSCM Commercial Analyst in Colombia and contract manager, then human resource manager for the Andean area, and finally as leader of the Colombian Performance Unit.PSCM Specialist Business Support in Colombia.

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Mónica Jiménez González (41)(42) has served as Secretary General of Ecopetrol SA since July 2016. Ms. Jiménez holds a law degree from University of the Andes (Bogotá) and has been allowed to practice as a foreign lawyer in Canada. She holds a post-graduate degree in Civil and State Responsibility from the Universidad Externado de Colombia and a Master of Science in Development Studies from the London School of Economics and Political Science (LSE). Before studying abroad, Ms. Jimenez worked as a lawyer at a Colombian law firm and then as lawyer advising the Minister and the Deputy Minister of Defense of Colombia in matters related to international law. Prior to returning to Colombia, she lived in Canada for 13 years, time during which she worked as a lawyer in a boutique law firm specialized in international law and then, in a major Canadian law firm in Vancouver, BC.

 

None of our Directors or executive officers has any familial relationship with any Director or executive officer.

 

7.6Compensation of Directors and Management

7.6       Compensation of Directors and Management

 

Based on a resolution adopted at our annual shareholders’ meeting in 2012, compensation for Directors’ attendance in person at meetings of the Board of Directors and/or committee meetings increased from the equivalent of four to six minimum monthly wage salaries, which totals approximately COP$4.4 million for 2017 and COP$4.1 million for 2016 and COP$3.9 million2016. See Note 3.1 to our consolidated financial statements for 2015. Fees for attendance at virtual meetings are set at 50% of the in-person meeting fee.more details.

 

The total compensation paid to our Directors, executive officers and senior management active as of December 31, 20162017 during 20162017 amounted to COP$13,901 million.20.12 billion.

 

Only one of our executive officers is eligible to receive pension and retirement benefits from us. The total amount set aside to provide pension and retirement benefits to our eligible executive officers totals COP$4,6745,401 million.

 

7.7Share Ownership of Directors and Executive Officers

7.7       Share Ownership of Directors and Executive Officers

 

No individual Director or executive officer beneficially owns more than 1% of our outstanding shares.

 

Table 59 –The following Directors and executive officers own shares of Ecopetrol:

 

Director Shares  % 
Joaquín Moreno Uribe  127,988   0.0003113%
Mauricio Cárdenas Santamaría  2,000   0.0000049%
Juan Carlos Echeverry Garzón  33,420   0.0000813%

Table 61 – Officers owning Ecopetrol’s shares

 

Executive Officer  

Shares

   

%

  Shares  % 
Felipe Bayón Pardo  8,418   0.00002047%
Héctor Manosalva  49,380   0.0001201%  49,380   0.00012010%
Rafael Espinosa Rozo  7,200   0,0000175%  7,200   0.00001751%

 

Under Colombian law, all of our shareholders have the same economic privileges and voting rights.

 

7.8Controls and Procedures

7.8       Controls and Procedures

 

Disclosure Controls and Procedures

 

As required by Rules 13a-15(e) and 15d-15(e) under the Securities Exchange Act of 1934, as of December 31, 2016,2017, we evaluated the design and effectiveness of our financial disclosure controls and procedures under the supervision and participation of our management, including our Chief Executive Officer and Chief Financial Officer. There are inherent limitations to the effectiveness of any system of disclosure controls and procedures, including the possibility of human error and the circumvention or overriding of the controls and procedures. Accordingly, even if effective, disclosure controls and procedures can only provide reasonable assurance of achieving their control objectives.

 

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Based upon this evaluation, our Chief Executive Officer and Chief Financial Officer concluded that as of the end of the period covered by this annual report, our disclosure controls and procedures were effective to provide reasonable assurance that the information required to be disclosed in the reports that we file and submit under the Securities Exchange Act of 1934 is recorded, summarized and reported as and when required and is accumulated and communicated to our management, including our Chief Executive Officer and Chief Financial Officer, or persons performing similar functions, as appropriate to allow timely decisions regarding required disclosure.

 

Management’s Annual Report on Internal Control over Financial Reporting

 

Our management is responsible for establishing and maintaining adequate internal control over financial reporting as defined in Rules 13a-15(f) and 15(d)-15(f) under the Securities Exchange Act of 1934. Our internal control over financial reporting is a process designed under the supervision of our Chief Executive Officer and Chief Financial Officer, and affected by our board of directors, management and other personnel, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of our financial statements for external reporting purposes in accordance with generally accepted accounting principles, and it includes those policies and procedures that:

 

·pertain to the maintenance of records that, in reasonable detail, accurately and fairly reflect transactions and dispositions of our assets;

 

·provide reasonable assurance that transactions are recorded as necessary to permit preparation of financial statements in accordance with generally accepted accounting principles, and that receipts and expenditures are being made only in accordance with authorization of our management and directors; and

 

·provide reasonable assurance regarding prevention or timely detection of unauthorized acquisition, use or disposition of our assets that could have a material effect on our financial statements.

 

Because of its inherent limitations, internal control over financial reporting may not prevent or detect misstatements. Therefore, effective control over financial reporting cannot, and does not, provide absolute assurance of achieving our control objectives. Also, projection of any evaluation of the effectiveness of the internal controls to future periods is subject to the risk that controls may become inadequate because of changes in conditions or that the degree of compliance with the policies or procedures may deteriorate.

 

As of the year ended December 31, 2016,2017, our management conducted an assessment of the effectiveness of our internal control over financial reporting in accordance with the criteria established in the publication “Internal Control – Integrated Framework (2013)”, issued by the Committee of the Sponsoring Organizations of the Treadway Commission, as well as the rules set by the SEC in its Final Rule “Management’s Report on Internal Control Over Financial Reporting and Certification of Disclosure in Exchange Act Periodic Reports.”

 

Based on the assessment performed, management concluded that our internal control over financial reporting was effective as of the end of the period covered by this annual report.

 

The effectiveness of our internal control over financial reporting has been audited by Ernst & Young Audit S.A.S., an independent registered public accounting firm, as stated in their audit report accompanying our consolidated financial statements.

 

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Audit and Non-Audit Fees

 

Our consolidated financial statements for the fiscal yearyears ended December 31, 2017 and December 31, 2016 were audited by Ernst & Young Audit S.A.S. Our consolidated financial statements for the fiscal yearsyear ended December 31, 2015 were audited by PricewaterhouseCoopers Ltda.

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The following table sets forth the fees billed to us by Ernst & Young Audit S.A.S. during the fiscal yearyears ended December 31, 2017 and December 31, 2016.

 

Table 6062 – Fees Billed to us by Ernst & Young Audit S.A.S.

 

As of December 31,
2016
(in millions of
Colombian Pesos,  
excluding 16% value
added tax)
Audit fees7,800
Audit-related fees538
Tax fees916
All other fees-
Total9,254
  As of December 31, 
  2017  2016 
  (in millions of Colombian Pesos,
excluding 16% value added tax)
 
Audit fees  10,946   7,800 
Audit-related fees  167   538 
Tax fees  135   916 
All other fees  -   - 
Total  11,248   9,254 

Audit Fees. The audit fees listed in the table above are the aggregated fees billed by Ernst & Young Audit S.A.S. in connection with their audits of our annual consolidated financial statements (IFRS), interim consolidated financial statements (under IFRS), statutory audits of Ecopetrol S.A. and its consolidated subsidiaries and some of its associate entities (under local GAAP) and review of periodic documents filed with the SEC. In addition, these audit fees include fees related to our independent auditors’ audits of our internal controls over financial reporting.

Audit-related Fees. The audit-related fees listed in the table above are the fees billed by Ernst & Young Audit S.A.S. in connection with their agreed-upon procedures of our variable compensation bonus system and its review procedures in connection with the offering document related to the SEC-registered bonds we reopened in 2016.

Tax Fees. The tax fees listed in the table above correspond to (i) advising some subsidiaries about the tax consequences associated with new or proposed legislation, and (ii) rendering advice to some subsidiaries on the likely tax consequences of proposed transactions and the appropriate methods of structuring and reporting.

 

The following table sets forth the fees billed to us by PricewaterhouseCoopers Ltda. during the fiscal year ended December 31, 2015.

Table 61 – Fees Billed to us by PricewaterhouseCoopers Ltda.

As of December 31,
2015
(in millions of
Colombian Pesos,  
excluding 16% value
added tax)
Audit fees8,199
Audit-related fees606
Tax fees-
All other fees(1)5
Total8,810

(1)These fees are comprised of coaching sessions in management skills dictated to officers of some affiliates as well as participation in open training courses.

Audit Fees. The audit fees listed in the table above are the aggregated fees billed by PricewaterhouseCoopers Ltda. in connection with their audits of our annual consolidated financial statements (IFRS), interim consolidated financial statements (under IFRS), subsidiary audits (under local GAAP) and review of periodic documents filed with the SEC. In addition, these audit fees include fees related to our independent auditors’ audits of our internal controls over financial reporting.

Audit-related Fees. The audit-related fees listed in the table above are the fees billed by PricewaterhouseCoopers Ltda. in connection with their agreed-upon procedures of our variable compensation bonus system as well as the audit of the joint operation agreement of ECP Oil and Gas Germany GmbH.

Tax Fees. The tax fees listed in the table above correspond to (1) assisting some subsidiaries in the preparation and filing of appropriate tax returns with the tax authorities (including electronic filings), (2) advising some subsidiaries about the tax consequences associated with new or proposed legislation and (3) rendering advice to some subsidiaries on the likely tax consequences of proposed transactions and the appropriate methods of structuring and reporting.

149

Changes in Internal Control over Financial Reporting

 

There were no changes made in our internal control over financial reporting during the year ended December 31, 20162017 that have materially affected or are reasonably likely to materially affect the Company’s internal controls over financial reporting.

 

Attestation Report of the Registered Public Accounting Firm

 

Ernst & Young Audit S.A.S.’s attestation report on our internal control over financial reporting is included in their audit report accompanying our consolidated financial statements. SeeReport of Independent Registered Public Accounting Firm to the consolidated financial statements.

 

Significant Changes

 

For a description of significant events since December 31, 2016,2017, please see Note 36 – Subsequent eventsto35 to our consolidated financial statements.

150

8.Financial Statements

Ecopetrol S. A.

Consolidated Financial Statements

At December 31, 2016 and 2015 and for three years ended December 31, 2016, 2015 and 2014

 

 151 

 

 Index

8.Financial Statements

Ecopetrol S. A.

Consolidated Financial Statements

At December 31, 2017 and 2016 and for three years ended December 31, 2017, 2016 and 2015

152

 

Index
Report of Independent Registered Public Accounting Firm - Ernst & Young Audit S.A.S.F-2F-2
  
Report of Independent Registered Public Accounting Firm - PricewaterhouseCoopers– PriceWaterhouseCoopers Ltda.F-4
Consolidated statements of financial positionF-4F-5
  
Consolidated statementsstatement of profit or lossfinancial positionF-6F-5
  
Consolidated statementsstatement of other comprehensive incomeprofit or lossF-7F-6
  
Consolidated statementsstatement of changes in equityother comprehensive incomeF-8F-7
  
Consolidated statementsstatement of cash flowschanges in equityF-10F-8
  
1.Consolidated statement of cash flowsReporting entityF-10F-11
   
2.1.Basis of presentationReporting entityF-11F-11
   
3.2.Significant estimates and accounting judgmentsBasis for presentationF-14F-11
   
4.3.Accounting policiesSignificant estimates and accounting judgmentsF-18F-13
   
5.4.New standards issued by the IASBAccounting policiesF-34F-17
   
6.5.CashNew accounting standards and cash equivalentsregulatory changesF-35F-34
   
7.6.TradeCash and other receivables, netcash equivalentsF-35F-38
   
8.7.Inventories,Trade and other receivables, netF-36F-39
   
9.8.Other financial assetsInventories, netF-37F-39
   
10.9.TaxesOther financial assetsF-38F-40
   
11.10.Equity instruments measured at fair valueTaxesF-45F-42
   
12.11.Other assetsEquity instruments measured at fair valueF-46F-49
   
13.12.Other assetsF-49
13.Assets held for sale and their related liabilitiesF-47F-50
   
14.Investments in associates and joint venturesF-48F-51
   
15.Property, plant and equipmentF-53F-54
   
16.Natural and environmental resourcesF-55F-56
   
17.Impairment on property, plant and equipment and natural and environmental resourcesIntangiblesF-58F-59
   
18.IntangiblesImpairment of long-term assetsF-61F-60
   
19.GoodwillF-62F-65
   
20.Loans and borrowingsF-63F-66
   
21.Trade and other payablesF-68F-70
   
22.Provisions for employeeemployees benefitsF-68F-71
   
23.Accrued liabilities and provisionsF-73F-76
   
24.EquityF-77F-81
   
25.Sales revenueF-80F-84
   
26.Cost of sales (before impairment of non-current assets)F-81F-85
   
27.Administration, operation and project expensesF-82F-86
   
28.Impairment of non-current assetsOther operating income and (expenses), netF-82F-86
   
29.Other operating income and (expenses),Financial result, netF-83F-87
   
30.Financial result, netRisk managementF-83F-87
   
31.Risk managementRelated partiesF-84F-95
   
32.Related partiesJoint operationsF-91F-98
   
33.Joint operationsInformation by segmentsF-94F-101
   
34.Segment informationContractual obligationsF-96F-105
   
35.Contractual obligationsSubsequent eventsF-103F-105
   
36.Subsequent eventsF-103
Supplemental information on oil and gas producing activities (unaudited)F-104F-106
  
Exhibit 1 -1. Consolidated companies,subsidiaries, associates and joint venturesF-108F-110
Exhibit 2 - Conditions of the most significant loansF-113

 F-1 

 

 

Report of Independent Registered Public Accounting Firm

 

TheTo the Shareholders and the Board of Directors and Shareholders of Ecopetrol S.A. and subsidiaries

Opinion on the Financial Statements

 

We have audited the accompanying consolidated statementstatements of financial position of Ecopetrol S.A. and subsidiaries (the Company) as of December 31, 2017 and 2016, and the related consolidated statements of profit or loss, other comprehensive income, changes in equity, and cash flows, for the yearyears ended December 31, 2016. These financial statements are2017 and 2016, and the responsibility of the Company’s management. Our responsibility is to express an opinion on these financial statements based on our audit.

We conducted our audit in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we planrelated notes and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provide a reasonable basis for our opinion.

schedules in exhibits 1 and 2 (collectively referred to as the consolidated financial statements). In our opinion, the consolidated financial statements referred to above present fairly, in all material respects, the consolidated financial position of Ecopetrol S.A. and subsidiariesthe Company at December 31, 2017 and 2016, and the consolidated results of theirits operations and theirits cash flows for the yearyears ended December 31, 2017 and 2016, in conformity with International Financial Reporting Standards as issued by the International Accounting Standards Board.

 

We also have audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States) (PCAOB), Ecopetrol S.A. and its subsidiaries’the Company's internal control over financial reporting as of December 31, 2016,2017, based on criteria established in Internal Control-Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission “(2013(2013 framework) and our report dated May 30, 2017April 19, 2018 expressed an unqualified opinion thereon.

 

/s/ Ernst & Young Audit S.A.S.

Bogota, Colombia

May 30, 2017Basis for Opinion

 

These financial statements are the responsibility of the Company‘s management. Our responsibility is to express an opinion on the Company‘s financial statements based on our audits. We are a public accounting firm registered with the PCAOB and are required to be independent with respect to the Company in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB.

We conducted our audits in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether due to error or fraud. Our audits included performing procedures to assess the risks of material misstatement of the financial statements, whether due to error or fraud, and performing procedures that respond to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Our audits also included evaluating the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that our audits provide a reasonable basis for our opinion.

/s/ Ernst & Young Audit S.A.S.
We have served as the Company‘s auditor since 2016.
Bogota, Colombia
April 19, 2018

 F-2 

 


Report of Independent Registered Public Accounting Firm

 

TheTo the Shareholders and the Board of Directors and Shareholders of Ecopetrol S.A. and subsidiaries

Opinion on Internal Control over Financial Reporting

 

We have audited Ecopetrol S.A. and subsidiaries’ internal control over financial reporting as of December 31, 2016,2017, based on criteria established in Internal Control—Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission “(2013(2013 framework) (the COSO criteria). In our opinion, Ecopetrol, S.A. and subsidiaries’subsidiaries (the Company) maintained, in all material respects, effective internal control over financial reporting as of December 31, 2017, based on the COSO criteria.

We also have audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States) (PCAOB), the consolidated statements of financial position of the Company as of December 31, 2017 and 2016, the related consolidated statements of profit or loss, comprehensive income, changes in equity and cash flows for the years ended December 31, 2017 and 2016, and the related notes and financial statement schedules on exhibits 1 and 2, and our report dated April 19, 2018 expressed an unqualified opinion thereon.

Basis for Opinion

The Company’s management is responsible for maintaining effective internal control over financial reporting and for its assessment of the effectiveness of internal control over financial reporting included in the accompanying Management’s Annual Report on Internal Control over Financial Reporting. Our responsibility is to express an opinion on the Ecopetrol S.A. and subsidiaries’Company’s internal control over financial reporting based on our audit. We are a public accounting firm registered with the PCAOB and are required to be independent with respect to the Company in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB.

 

We conducted our audit in accordance with the standards of the Public Company Accounting Oversight Board (United States).PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether effective internal control over financial reporting was maintained in all material respects.

Our audit included obtaining an understanding of internal control over financial reporting, assessing the risk that a material weakness exists, testing and evaluating the design and operating effectiveness of internal control based on the assessed risk, and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion.

Definition and Limitations of Internal Control Over Financial Reporting

 

A company’s internal control over financial reporting is a process designed to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles. A company’s internal control over financial reporting includes those policies and procedures that (1) pertain to the maintenance of records that, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the company; (2) provide reasonable assurance that transactions are recorded as necessary to permit preparation of financial statements in accordance with generally accepted accounting principles, and that receipts and expenditures of the company are being made only in accordance with authorizations of management and directors of the company; and (3) provide reasonable assurance regarding prevention or timely detection of unauthorized acquisition, use, or disposition of the company’s assets that could have a material effect on the financial statements.

 

Because of its inherent limitations, internal control over financial reporting may not prevent or detect misstatements. Also, projections of any evaluation of effectiveness to future periods are subject to the risk that controls may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate.

 

/s/ Ernst & Young Audit S.A.S.
Bogota, Colombia
April 19, 2018

F-3

Report of Independent Registered Public Accounting Firm

To the Board of Directors

And Shareholders of Ecopetrol S. A.

In our opinion, Ecopetrol S.A. and subsidiaries maintained, in all material respects, effective internal control over financial reporting as of December 31, 2016, based on the COSO criteria.

We also have audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States), the consolidated statements of financial position of Ecopetrol S.A. and subsidiaries as of December 31, 2016 and the relatedaccompanying consolidated statements of profit orand loss, other comprehensive income, changes in equity and cash flows for the year ended December 31, 2016 of Ecopetrol S.A. and subsidiaries and our report dated May 30, 2017 expressed an unqualified opinion thereon.

/s/ Ernst & Young Audit S.A.S.

Bogota, Colombia

May 30, 2017

F-3


Report of Independent Registered Public Accounting Firm

To the Board of Directors

And Shareholders of Ecopetrol S. A.

In our opinion, the accompanying consolidated statement of financial position and the related consolidated statement of profit and loss, other comprehensive income, changes in equity and cash flows2015 present fairly, in all material respects, the financial positionresults of operations and cash flows of Ecopetrol S. A.S.A. and its subsidiaries (the ¨Company¨“Company”) at December 31, 2015, andfor the results of their operations and their cash flows for each of the two years in the periodyear ended December 31, 2015, in conformity with International Financial Reporting Standards as issued by the International Accounting Standards Board. These financial statements are the responsibility of the Company’s management. Our responsibility is to express an opinion on these financial statements based on our audits.audit. We conducted our auditsaudit of these statements in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, and evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.

 

As discussed in Note 2.8 to the consolidated financial statements, the Company has elected to change the manner in which it presents dry wells in the consolidated statements of cash flows in 2016.

/s/ PricewaterhouseCoopers Ltda.

/s/ PricewaterhouseCoopers Ltda.

Bogotá, Colombia

April 28, 2016, except for the change in the manner in which the company presents dry wells in the consolidated statements of cash flows in 2016 as discussed in Note 2.8 to the consolidated financial statements, as to which the date is May 30, 2017.

  

 F-4 

 

 

Ecopetrol S.A.

Consolidated statementsstatement of financial position

(Figures expressed in millions of Colombian pesos)

 

   As of December 31,    As of December 31, 
 Notes 2016  2015  Note 2017  2016 
Assets                  
Current assets                  
Cash and cash equivalents 6  8,410,467   6,550,450  6  7,945,885   8,410,467 
Trade and other receivables, net 7  4,212,701   3,427,412  7  6,098,918   4,212,701 
Inventories, net 8  3,841,901   3,057,958  8  4,601,396   3,841,901 
Other financial assets 9  5,315,537   329,227  9  2,967,878   5,315,537 
Tax assets 10  1,129,098   4,501,734 
Current tax assets 10  625,374   1,129,098 
Equity instruments measured at fair value 11  51,610   913,488  11  -   51,610 
Other current assets 12  1,035,632   1,090,324 
Other assets 12  880,425   1,035,632 
    23,996,946   19,870,593    23,119,876   23,996,946 
Assets held for sale 13  132,216   242,745  13  104,140   132,216 
Total current assets    24,129,162   20,113,338    23,224,016   24,129,162 
          
Non-current assets                  
Investments in associates and joint ventures 14  1,552,694   1,931,934 
Investment in associates and joint ventures 14  1,330,460   1,552,694 
Trade and other receivables, net 7  729,410   584,571  7  777,132   729,410 
Property, plant and equipment 15  62,328,502   65,105,073  15  61,404,374   62,328,502 
Natural and environmental resources 16  22,341,047   24,043,297  16  21,308,265   22,341,047 
Intangibles 18  272,132   388,051 
Intangible assets 17  380,226   272,132 
Deferred tax assets 10  5,726,961   8,239,472  10  4,016,161   4,248,014 
Other financial assets 9  1,371,358   1,256,152  9  3,565,847   1,371,358 
Goodwill 19  1,159,922   1,159,922  19  1,159,922   1,159,922 
Other non-current assets 12  826,736   766,380 
Other assets 12  681,009   826,736 
Total non-current assets    96,308,762   103,474,852    94,623,396   94,829,815 
Total assets    120,437,924   123,588,190    117,847,412   118,958,977 
          
Liabilities                  
Current liabilities          
Current Liabilities        
Loans and borrowings 20  4,126,203   4,573,620  20  5,144,504   4,126,203 
Trade and other payables 21  6,854,363   7,757,277  21  6,968,207   6,854,363 
Provisions for employee benefits 22  1,974,496   1,392,266  22  1,829,819   1,974,496 
Tax liabilities 10  2,130,940   2,803,559 
Current tax liabilities 10  2,005,688   2,130,940 
Accrued liabilities and provisions 23  821,954   653,497  23  558,828   821,954 
Other financial liabilities    -   101,319 
Other liabilities    439,274   144,441   339,565   439,274 
    16,347,230   17,425,979    16,846,611   16,347,230 
Liabilities related to assets held for sale 13  40,128   17,628  13  -   40,128 
Total current liabilities    16,387,358   17,443,607    16,846,611   16,387,358 
                  
Non-current liabilities                  
Loans and borrowings 20  48,095,824   48,649,718  20  38,403,331   48,095,824 
Trade and other payables 21  23,893   6  21  29,469   23,893 
Provisions for employee benefits 22  3,901,082   2,459,849  22  6,502,475   3,901,082 
Deferred tax liabilities 10  3,118,650   6,026,050  10  1,333,280   1,639,703 
Accrued liabilities and provisions 23  5,095,916   5,423,850  23  5,978,621   5,095,916 
Other non-current liabilities    254,700   484,147 
Other liabilities  537,926   254,700 
Total non-current liabilities    60,490,065   63,043,620    52,785,102   59,011,118 
Total liabilities    76,877,423   80,487,227    69,631,713   75,398,476 
                  
Equity           24        
Ecopetrol shareholders’ equity 24  42,026,858   41,225,908 
Non-controlling interests    1,533,643   1,875,055 
Subscribed and paid in capital    25,040,067   25,040,067 
Reserves    2,177,869   1,558,844 
Retained earnings    5,210,302   (402,462)
Other equity items    14,006,715   15,830,409 
Equity attributable to owners of parent  46,434,953   42,026,858 
Non-controlling interest  1,780,746   1,533,643 
Total equity    43,560,501   43,100,963    48,215,699   43,560,501 
Total liabilities and equity    120,437,924   123,588,190    117,847,412   118,958,977 

 

 F-5 

 

 

Ecopetrol S.A.

Consolidated statementsstatement of profit or loss

(Figures expressedExpressed in millions of Colombian pesos, except for the net earnings (loss) per share expressed in Colombianfull pesos)

 

    For the years ended December 31, 
  Notes 2016  2015  2014 
Sales revenue 25  48,485,561   52,347,271   65,971,888 
Cost of sales (before impairment of non-current assets) 26  34,251,423   36,994,516   42,975,128 
Gross profit (excluding impairment)    14,234,138   15,352,755   22,996,760 
               
Administration expenses 27  1,923,268   1,700,985   1,031,035 
Operation and project expenses 27  2,751,687   4,034,268   5,520,325 
Impairment of non-current assets 28  928,747   7,864,875   2,304,567 
Other operating income and (expenses), net 29  (274,112)  (378,538)  (308,194)
Operating income    8,904,548   2,131,165   14,449,027 
               
Financial result, net 30            
Financial income    1,311,743   621,924   399,818 
Financial expenses    (3,463,540)  (2,718,414)  (1,640,294)
Foreign exchange gain (loss), net    976,430   (5,566,614)  (2,270,193)
     (1,175,367)  (7,663,104)  (3,510,669)
               
Share of profit (loss) of associates and joint ventures 14  61,345   (46,687)  166,070 
Income before income tax expense    7,790,526   (5,578,626)  11,104,428 
               
Income tax expense 10  (4,543,046)  (710,353)  (5,434,855)
Net income (loss) for the period    3,247,480   (6,288,979)  5,669,573 
               
               
Net income (loss) attributable to:              
Company’s shareholders    2,447,881   (7,193,859)  5,046,517 
Non-controlling interests    799,599   904,880   623,056 
     3,247,480   (6,288,979)  5,669,573 
Earnings (loss) per share (basic and diluted) 24.6  59.5   (175.0)  122.7 
    For the years ended December 31, 
  Note 2017  2016  2015 
            
Sales revenue 25  55,954,228   48,485,561   52,347,271 
Cost of sales 26  (36,908,325)  (34,251,423)  (36,994,516)
Gross profit    19,045,903   14,234,138   15,352,755 
               
Administrative expenses 27  (1,764,524)  (1,923,268)  (1,700,985)
Operations and project expenses 27  (2,926,065)  (2,751,687)  (4,034,268)
Recovery of (expense for) impairment of long-term assets, net 18  1,311,138   (928,747)  (7,864,875)
Other operating income, net 28  505,403   274,112   378,538 
Operating income    16,171,855   8,904,548   2,131,165 
               
Financial results, net 29            
Finance income    1,159,356   1,311,743   621,924 
Finance expenses    (3,660,601)  (3,463,540)  (2,718,414)
Foreign exchange gain (loss)    5,514   976,430   (5,566,614)
     (2,495,731)  (1,175,367)  (7,663,104)
               
Share of profits (losses) of associates and joint ventures 14  93,538   61,345   (46,687)
Profit (loss) before income tax expense    13,769,662   7,790,526   (5,578,626)
               
Income tax expense 10  (5,800,268)  (4,543,046)  (710,353)
Net profit (loss) for the period    7,969,394   3,247,480   (6,288,979)
               
Net profit (loss) attributable to:              
Owners of parent    7,178,539   2,447,881   (7,193,859)
Non-controlling interest    790,855   799,599   904,880 
     7,969,394   3,247,480   (6,288,979)
Basic and diluted earnings (loss) per share    174.6   59.5   (175.0)

 

 F-6 

 

 

Ecopetrol S.A.

Consolidated statementsstatement of other comprehensive income

(Figures expressed in millions of Colombian pesos)

 

   For the years ended December 31,  For the years ended  December 31, 
  Notes 2016  2015  2014  2017  2016  2015 
            
Net income (loss) of the year    3,247,480   (6,288,979)  5,669,573 
Net profit (loss) for the period  7,969,394   3,247,480   (6,288,979)
                          
Other comprehensive income                          
Items that may be reclassified subsequently to profit or loss (net of tax):              
            
Other comprehensive income to be reclassified to profit or loss in subsequent periods (net of taxes):            
                          
Unrealized gain (loss) on hedges:                          
Cash flow hedge for future exports 31  461,424   (217,291)  -   (84,837)  461,424   (217,291)
Hedge of a net investment in a foreign operation 31  (155,359)  -   -   57,997   (155,359)  - 
Cash flow hedge with derivative instruments 31  33,869   (60,083)  -   35,768   33,869   (60,083)
Gain (loss) on equity instruments measured at fair value 11  126,205   (106,911)  76,435 
Realized gain on proceeds from sales of equity instruments measured at fair value    (68,497)  (19,405)  - 
Equity instruments measured at fair value:            
Unrealized (loss) gain  (7,828)  126,205   (106,911)
Realized (loss) gain  -   (68,497)  (19,405)
Foreign currency translation    (925,981)  5,979,644   3,398,374   (257,147)  (925,981)  5,979,644 
    (528,339)  5,575,954   3,474,809   (256,047)  (528,339)  5,575,954 
Items that will not be reclassified subsequently to profit or loss (net of tax):              
Other comprehensive income not to be reclassified to profit or loss in subsequent periods (net of taxes):            
                          
Remeasurement (loss) gain on defined benefit plans    (1,153,442)  1,404,602   743,793   (1,548,043)  (1,153,442)  1,404,602 
Others (losses) gains    (46,826)  58,643   -   (11,817)  (46,826)  58,643 
    (1,200,268)  1,463,245   743,793   (1,559,860)  (1,200,268)  1,463,245 
Other comprehensive income    (1,728,607)  7,039,199   4,218,602 
Total comprehensive income    1,518,873   750,220   9,888,175 
                        
Attributable to:            
Ecopetrol shareholders  784,658   (328,604)  9,114,221 
Non-controlling interests  734,215   1,078,824   773,954 
Other comprehensive income for the year, net of tax  (1,815,907)  (1,728,607)  7,039,199 
   1,518,873   750,220   9,888,175             
Total comprehensive income for the year, net of tax  6,153,487   1,518,873   750,220 
            
Comprehensive results attributable to:            
Owners of parent  5,353,778   784,658   (328,604)
Non-controlling interest  799,709   734,215   1,078,824 
  6,153,487   1,518,873   750,220 

 

 F-7 

 

 

Ecopetrol S.A.

Consolidated statementsstatement of changes in equity

(Figures expressed in millions of Colombian pesos)

 

 Notes Subscribed and
paid-in capital
  Additional
paid-in
 capital
  Reserves
(1)
  Other
comprehensive
income
  Retained
earnings
(1)
  Equity
attributable
to Company’s
shareholders
  Non-
controlling
interests
  Total equity    Attributable to owners of parent      
Balance as of December 31, 2015    25,040,067   6,607,699   5,546,570   10,846,004   (6,814,432)  41,225,908   1,875,055   43,100,963 
 Note Subscribed and
paid-in capital
  Additional
paid-in capital
  Reserves  Other
comprehensive
income
  Retained
earnings
  Total  Non-controlling
interest
  Total equity 
Balance as of December 31, 2016    25,040,067   6,607,699   1,558,844   9,222,710   (402,462)  42,026,858   1,533,643   43,560,501 
Net income    -   -   -   -   2,447,881   2,447,881   799,599   3,247,480   -   -   -   -   7,178,539   7,178,539   790,855   7,969,394 
Dividends declared                          (1,029,612)  (1,029,612) 24.4  -   -   -   -   (945,684)  (945,684)  (551,494)  (1,497,178)
Legal reserve used to offset previous year loss 24  -   -   (3,869,907)  -   3,869,907   -   -   - 
Appropriation of reserves, net    -   -   (117,819)  -   117,819   -   -   - 
Release of reserves, net  -   -   619,025   -   (619,025)  -   -   - 
Other movements                    (23,637)  (23,637)  (6,086)  (29,723)  -   1   -   2   (1,066)  (1,063)  (48)  (1,111)
Other comprehensive income                                  
Other comprehensive income:                                  
Gain (loss) on hedging instruments:                                                                  
Cash flow hedge for future exports 31  -   -   -   461,424   -   461,424   -   461,424     -   -   -   (84,837)  -   (84,837)  -   (84,837)
Hedge of a net investment in a foreign operation 31  -   -   -   (155,359)  -   (155,359)  -   (155,359)    -   -   -   57,997   -   57,997   -   57,997 
Cash flow hedge with derivative instruments    -   -   -   24,546   -   24,546   9,323   33,869     -   -   -   25,984   -   25,984   9,784   35,768 
Net fair value gain on equity instruments measured at fair value 11  -   -   -   57,708   -   57,708   -   57,708 
Loss on equity instruments measured at fair value 11  -   -   -   (7,828)  -   (7,828)  -   (7,828)
Foreign currency translation    -   -   -   (811,345)  -   (811,345)  (114,636)  (925,981)    -   -   -   (255,153)  -   (255,153)  (1,994)  (257,147)
Actuarial valuation losses 22  -   -   -   (1,153,442)  -   (1,153,442)  -   (1,153,442)    -   -   -   (1,548,043)  -   (1,548,043)  -   (1,548,043)
Other movements    -   -   -   (46,826)  -   (46,826)  -   (46,826)  -   -   -   (11,817)  -   (11,817)  -   (11,817)
Balance as of December 31, 2016    25,040,067   6,607,699   1,558,844   9,222,710   (402,462)  42,026,858   1,533,643   43,560,501 
Balance as of December 31, 2017   25,040,067   6,607,700   2,177,869   7,399,015   5,210,302   46,434,953   1,780,746   48,215,699 

 

 Notes Subscribed and
paid-in capital
  Additional
paid-in
capital
  Reserves
(1)
  Other
comprehensive
income
  Retained
earnings
(1)
  Equity
attributable
to Company’s
shareholders
  Non-
controlling
interests
  Total equity    Attributable to owners of parent      
Balance as of December 31, 2014    10,279,175   6,607,612   17,963,370   3,980,749   8,192,040   47,022,946   1,511,282   48,534,228 
Net income (loss)    -   -   -   -   (7,193,859)  (7,193,859)  904,880   (6,288,979)
 Note Subscribed and
paid-in capital
  Additional
paid-in
capital
  Reserves  Other
comprehensive
income
  Retained
earnings
  Total  Non-controlling
interest
  Total equity 
Balance as of December 31, 2015    25,040,067   6,607,699   5,546,570   10,846,004   (6,814,432)  41,225,908   1,875,055   43,100,963 
Net income  -   -   -   -   2,447,881   2,447,881   799,599   3,247,480 
Dividends declared 24  -   -   -   -   (5,468,521)  (5,468,521)  (715,051)  (6,183,572)                          (1,029,612)  (1,029,612)
Legal reserve used to offset previous year loss 24  -   -   (3,869,907)  -   3,869,907   -   -   - 
Appropriation of reserves, net    -   -   2,344,095       (2,344,095)  -           -   -   (117,819)  -   117,819   -   -   - 
Capitalization of reserves    14,760,895   -   (14,760,895)  -   -   -   -   - 
Other movements    (3)  87   -   -   3   87   -   87   -   -   -   -   (23,637)  (23,637)  (6,086)  (29,723)
Other comprehensive income                                                                  
Loss on hedging instruments:                                  
Gain (loss) on hedging instruments:                                
Cash flow hedge for future exports 31  -   -   -   (217,291)  -   (217,291)  -   (217,291) 31  -   -   -   461,424   -   461,424   -   461,424 
Hedge of a net investment in a foreign operation 31  -   -   -   (155,359)  -   (155,359)  -   (155,359)
Cash flow hedge with derivative instruments    -   -   -   (43,590)  -   (43,590)  (16,493)  (60,083)  -   -   -   24,546   -   24,546   9,323   33,869 
Net fair value (loss) on equity instruments measured at fair value 11  -   -   -   (126,316)  -   (126,316)  -   (126,316)
Net fair value gain on equity instruments measured at fair value 11  -   -   -   57,708   -   57,708   -   57,708 
Foreign currency translation    -   -   -   5,789,207   -   5,789,207   190,437   5,979,644   -   -   -   (811,345)  -   (811,345)  (114,636)  (925,981)
Actuarial valuation gains 22  -   -   -   1,404,602   -   1,404,602   -   1,404,602 
Actuarial valuation losses 22  -   -   -   (1,153,442)  -   (1,153,442)  -   (1,153,442)
Other movements    -   -   -   58,643   -   58,643   -   58,643   -   -   -   (46,826)  -   (46,826)  -   (46,826)
Balance as of December 31, 2015    25,040,067   6,607,699   5,546,570   10,846,004   (6,814,432)  41,225,908   1,875,055   43,100,963 
Balance as of December 31, 2016   25,040,067   6,607,699   1,558,844   9,222,710   (402,462)  42,026,858   1,533,643   43,560,501 

 

(1) For comparative purposes, the initial balances of reserves and accumulated profits were reclassified, without changing the equity attributable to the shareholders of Ecopetrol. See note 2.8.

 F-8 

 

 

Ecopetrol S.A.

Consolidated statementsstatement of changes in equity

(Figures expressed in millions of Colombian pesos)

 

  Notes Subscribed
and paid-
in capital
  Additional
 paid-in
capital
  Reserves
(1)
  Other
comprehensive
income
  Retained
earnings (1)
  Equity
attributable
to Company’s
shareholders
  Non-
controlling
interests
  Total equity 
Balance as of January 1st, 2014    10,279,175   6,607,540   15,300,725   (86,956)  16,498,512   48,598,996   1,265,573   49,864,569 
Net income    -   -   -   -   5,046,517   5,046,517   623,056   5,669,573 
Dividends declared 24  -   -   -   -   (10,690,342)  (10,690,342)  (516,331)  (11,206,673)
Appropriation of reserves, net 24  -   -   2,662,645   -   (2,662,645)  -   -   - 
Other movements    -   72   -   -   (2)  70   (11,914)  (11,844)
Other comprehensive income                                  
Net fair value gain (loss) on equity instruments measured at fair value 11  -   -   -   76,435   -   76,435   -   76,435 
Foreign currency translation    -   -   -   3,247,477   -   3,247,477   150,898   3,398,375 
Actuarial valuation gains 22  -   -   -   743,793   -   743,793   -   743,793 
Balance as of December 31, 2014    10,279,175   6,607,612   17,963,370   3,980,749   8,192,040   47,022,946   1,511,282   48,534,228 

(1) For comparative purposes, the initial balances of reserves and accumulated profits were reclassified, without changing the equity attributable to the shareholders of Ecopetrol. See note 2.8.

    Attributable to owners of parent       
  Notes Subscribed and
paid-in capital
  Additional
paid-in
capital
  Reserves  Other
comprehensive
income
  Retained
earnings
  Total  Non-
controlling
interest
  Total
equity
 
Balance as of December 31, 2014    10,279,175   6,607,612   17,963,370   3,980,749   8,192,040   47,022,946   1,511,282   48,534,228 
Net income    -   -   -   -   (7,193,859)  (7,193,859)  904,880   (6,288,979)
Dividends declared 24  -   -   -   -   (5,468,521)  (5,468,521)  (715,051)  (6,183,572)
Appropriation of reserves, net    -   -   2,344,095       (2,344,095)  -         
Capitalization of reserves    14,760,895   -   (14,760,895)  -   -   -   -   - 
Other movements    (3)  87   -   -   3   87   -   87 
Other comprehensive income                                  
Loss on hedging instruments:                                  
Cash flow hedge for future exports 31  -   -   -   (217,291)  -   (217,291)  -   (217,291)
Cash flow hedge with derivative instruments    -   -   -   (43,590)  -   (43,590)  (16,493)  (60,083)
Net fair value (loss) on equity instruments measured at fair value 11  -   -   -   (126,316)  -   (126,316)  -   (126,316)
Foreign currency translation    -   -   -   5,789,207   -   5,789,207   190,437   5,979,644 
Actuarial valuation gains 22  -   -   -   1,404,602   -   1,404,602   -   1,404,602 
Other movements    -   -   -   58,643   -   58,643   -   58,643 
Balance as of December 31, 2015    25,040,067   6,607,699   5,546,570   10,846,004   (6,814,432)  41,225,908   1,875,055   43,100,963 

 

 F-9 

 

 

Ecopetrol S.A.

Consolidated statementsstatement of cash flows

(Figures expressed in millions of Colombian pesos)

 

    For the years ended December 31, 
  Note 2016  2015  2014 
Cash flow provided by operating activities:              
Net income (loss) for the period    3,247,480   (6,288,979)  5,669,573 
Adjustments to reconcile net income (loss) to cash provided by operating activities:              
Income tax 10  4,543,046   710,353   5,434,855 
Depreciation, depletion and amortization 15,16,18  7,607,000   6,770,358   6,417,207 
Foreign exchange loss 30  (976,430)  5,566,614   2,270,193 
Finance costs recognised in profit or loss    3,345,515   2,396,445   1,405,331 
Dry wells 2.8 - 16  342,691   1,266,440   1,563,384 
Loss on disposal of non-current assets    78,990   59,932   231,899 
Impairment of assets    1,003,140   7,856,177   2,381,413 
Fair value (gain) loss on financial assets valuation    (59,593)  (109,673)  135,427 
(Gain) loss on share of profit of associates and joint ventures 14  (61,345)  46,687   (166,070)
(Gain) on sale of equity instruments measured at fair value    (47,129)  (72,339)  - 
Realized foreign exchange cash flow hedges 25  (33,074)  (7,646)  - 
Net changes in operating assets and liabilities    -         
Accounts and notes receivable    (1,400,583)  751,031   1,507,923 
Inventories    (217,198)  (183,231)  610,843 
Accounts payable    (619,131)  (2,202,808)  (322,819)
Taxes payable    2,547,232   (1,964,995)  (3,124,887)
Labor obligations    (11,677)  (206,444)  (259,043)
Estimated liabilities and provisions    (827,153)  (216,939)  (146,499)
Other assets    118,523   654,960   (653,196)
Income tax paid    (4,347,364)  (3,148,028)  (4,819,169)
Net cash provided by operating activities    14,232,940   11,677,915   18,136,365 
               
Cash flows from investing activities:              
Investment in property, plant and equipment 15  (3,646,929)  (8,548,933)  (8,923,568)
Investment in natural and environmental resources 2.8 - 16  (2,121,295)  (6,856,761)  (6,601,680)
Additions to intangibles 18  (69,253)  (112,255)  (112,018)
Proceeds from sales of equity instruments measured at fair value 11  966,715   613,998   - 
(Purchases) sales of other financial assets    (5,446,507)  1,208,898   1,313,837 
Interest received    386,001   293,507   286,527 
Dividends received    437,803   423,856   720,217 
Proceeds from sales of property, plant and equipment    109,896   166,211   184,424 
Net cash used in investing activities    (9,383,569)  (12,811,479)  (13,132,261)
               
Cash flows from financing activities:              
Proceeds from borrowings    4,594,640   10,985,933   9,094,818 
Repayment of borrowings    (3,149,917)  (4,903,592)  (2,693,104)
Interest paid    (2,495,446)  (1,981,127)  (1,231,392)
Capitalizations    -   3   41 
Dividends paid 24  (1,712,298)  (5,493,400)  (12,516,566)
Net cash used in financing activities    (2,763,021)  (1,392,183)  (7,346,203)
               
Exchange difference in cash and cash equivalents    (226,333)  1,458,019   1,155,187 
Net increase (decrease) in cash and cash equivalents    1,860,017   (1,067,728)  (1,186,912)
Cash and cash equivalents at the beginning of the year 6  6,550,450   7,618,178   8,805,090 
Cash and cash equivalents at the end of the year    8,410,467   6,550,450   7,618,178 
Non-cash transactions              
Capitalization of reserves    -   14,760,895   - 
Payment of income tax through offset of recoverable balances    656,121   894,451   - 
    For the years ended December 31, 
  Note 2017  2016  2015 
Cash flow provided by operating activities:              
Net profit (loss) for the period    7,969,394   3,247,480   (6,288,979)
Adjustments to reconcile the net profit (loss) to net cash provided by operating activities:              
Income tax expense 10  5,800,268   4,543,046   710,353 
Depreciation, depletion and amortization 15,16,17  8,281,347   7,607,000   6,770,358 
Foreign exchange loss 29  (5,514)  (976,430)  5,566,614 
Finance cost of loans and borrowings 29  2,385,994   2,765,024   1,768,618 
Finance cost of post-employment benefits and abandonment costs 29  753,047   580,491   627,827 
Dry wells 16  898,264   342,691   1,266,440 
Loss on disposal of non-current assets    26,686   78,990   59,932 
Gain in acquisition of interests in joint operations 32.3  (451,095)  -   - 
Loss on (recovery of) impairment of short term assets    30,600   74,393   (8,698)
(Recovery of) loss on impairment of long term assets 18  (1,311,138)  928,747   7,864,875 
Gain on fair value adjustment of financial assets    (104,706)  (59,593)  (109,673)
Share of profit (loss) of associates and joint ventures 14  (93,538)  (61,345)  46,687 
Net gain on the sale of assets held for sale    (166,389)  -   - 
Gain on sale of equity instruments measured at fair value    (13,236)  (47,129)  (72,339)
Hedge ineffectiveness    8,918   -   - 
Realized foreign exchange cash flow hedges 25  (160,772)  (33,074)  (7,646)
Income tax paid    (4,217,303)  (4,347,364)  (3,148,028)
Net change in operational assets and liabilities:              
Trade and other receivables    (2,189,473)  (1,400,583)  751,031 
Inventories    (323,626)  (217,198)  (183,231)
Trade and other payables    21,417   (619,131)  (2,202,808)
Tax assets and liabilities    (493,533)  2,547,232   (1,964,995)
Provisions for employee benefits    (227,384)  (11,677)  (206,444)
Provisions and contingencies    104,135   (827,153)  (216,939)
Other assets and liabilities    451,263   118,523   654,960 
Net cash generated by operating activities    16,973,626   14,232,940   11,677,915 
Cash flow from investing activities:              
Investment in property, plant and equipment 15  (2,363,283)  (3,646,929)  (8,548,933)
Investment in natural and environmental resources 16  (3,426,405)  (2,121,295)  (6,856,761)
Acquisition of interests in joint operations 32.3  (141,950)  -   - 
Acquisitions of intangibles 17  (175,868)  (69,253)  (112,255)
Sales (purchases) of other financial asset    564,754   (5,446,507)  1,208,898 
Interests received    405,562   386,001   293,507 
Dividends received    270,136   437,803   423,856 
Proceeds from sales of assets held for sale    159,041   -   - 
Proceeds from sales of equity instruments measured at fair value 11  56,930   966,715   613,998 
Proceeds from sales of property, plant and equipment    267,324   109,896   166,211 
Net cash used in investment activities    (4,383,759)  (9,383,569)  (12,811,479)
Cash flow used in financing activities:              
Proceeds from borrowings    444,827   4,594,640   10,985,933 
Repayment of borrowings    (9,007,340)  (3,149,917)  (4,903,592)
Interest payments    (2,696,979)  (2,495,446)  (1,981,127)
Capitalizations    -   -   3 
Dividends paid    (1,504,647)  (1,712,298)  (5,493,400)
Net cash used in financing activities    (12,764,139)  (2,763,021)  (1,392,183)
Exchange difference in cash and cash equivalents    (290,310)  (226,333)  1,458,019 
Net (decrease) increase in cash and cash equivalents    (464,582)  1,860,017   (1,067,728)
Cash and cash equivalents at the beginning of the year    8,410,467   6,550,450   7,618,178 
Cash and cash equivalent at the end of the year 6  7,945,885   8,410,467   6,550,450 
               
Non-cash transactions              
Capitalization of reserves    -   -   14,760,895 
Payment of income tax through the offset of balances in favor    -   656,121   894,451 

 

 F-10 

Ecopetrol S.A.

Notes to Consolidated Financial Statementsthe consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

1.Reporting entity

 

Ecopetrol S.A. (“Ecopetrol”) is a mixed economy company, withof a commercial nature, formedincorporated in 1948 in Bogotá - Colombia, headquartersparent company of the Ecopetrol Business Group. Its corporate purpose is to developconduct commercial or industrial activities arising from or related to the exploration, exploitation, production, refining, transportation, storage, distribution and sellingcommercialization of hydrocarbons and their by-productsderivatives and associated products, on its owndirectly or through its subsidiaries (hereafter “Ecopetrol”, the “Company” or Ecopetrol(collectively referred to as "Ecopetrol Business Group)Group").

 

An 11.51% of Ecopetrol S.A.’s shares are publicly traded on the Stock Exchanges of Colombia and New York, USA and Lima, Peru.York. The remaining shares (88.49% of the total outstanding shares) are owned by the Colombian Ministry of Finance and Public Credit.

 

The address of the main office of Ecopetrol S.A. is Bogotá - Colombia, Carrera 13 No. 36 - 24.

 

2.Basis offor presentation

 

2.1Statement of compliance and authorization of the financial statements

 

These consolidated financial statements of Ecopetrol and its subsidiaries as of December 31, 2017 and 2016 and for the years ended on December 31, 2017, 2016 2015 and 20142015 have been prepared in accordance with International Financial Reporting Standards (IFRS) and their interpretations,, issued by the International Accounting Standards Board (IASB). The Ecopetrol Business Group adopted IFRS starting January 1, 2015, with a transition date of January 1, 2014.

 

Accounting policies described in Note 4 have been applied consistently in all periods.

 

These consolidated financial statements were approved and authorized for issuance by Ecopetrol’s Managementthe Board of Directors of Ecopetrol on May 30, 2017.April 19, 2018.

 

2.2Basis for consolidation

 

The consolidated financial statements were prepared by consolidating all companies set out in Exhibit 1, which are those whereover which Ecopetrol exercises direct or indirect control. Control is achieved when the Company:Group:

 

§Has power over the investee (including rights to manage relevant activities);
§Is exposed, or has the rights, to variable returns from its involvement with the investee; and
§Has the ability to use its power to affect its operational returns. This instance occurs when the CompanyGroup has less than a majority of the voting rights of an investee, and it still has the power over the investee to provide it with the practical ability to direct the relevant activities of the investee unilaterally. The CompanyGroup considers all relevant facts and circumstances in assessing whether or not the Company’s voting rights in an investee are sufficient or not to give it power, including:

 

a)The percentage of the Company'sGroup's voting rights regardingrelative to the size and divisionapportionment of the shares of other vote holders;holders;
b)Potential voting rights held by the Company,Group, other vote holders or other parties;parties;
c)Rights arising from other contractual arrangements; and
d)Any additional facts and circumstances that indicate that the CompanyGroup has, or does not have, the current ability to direct the relevant activities, at the time that decisions need to be made,, including voting patterns at previous shareholders’ meetingsshareholders´ meetings.

 

Subsidiaries are consolidated from the date on which control is obtained until the date that such control ceases, using consistent accounting policies.ceases.

F-11

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

All inter-company assets and liabilities, equity, income, expenses and cash flows relating to transactions between entities of the Ecopetrol Business Group were eliminated on consolidation. Unrealized losses are also eliminated. Non-controlling interest represents the proportion of profit, other comprehensive income and net assets in subsidiaries that are not attributable to Ecopetrol’sEcopetrol shareholders.

F-11

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

In 2015, the Board of Directors of Ecopetrol S.A authorized the creation of a Colombian company indirectly wholly owned by Ecopetrol S.A. This Company will develop offshore activities in Colombia, which the company currently carries out as operator and non-operator, and take advantage of the benefits of Decree 2682/14, “pursuant to which the conditions and requirements are established for declaring the existence of Permanent Offshore Free Trade Zones”. At December 31, 2015, the legal proceedings were pending to formalize the establishment of the subsidiary.

 

The following are the subsidiaries that were incorporated in 2016:2017:

 

a)a)Ecopetrol Costa Afuera S.A.S.:Esenttia Resinas del Perú SAC: Subsidiary engagedwholly-owned subsidiary in Refining whose corporate purpose is the productioncommercialization of polypropylene resins and exploration segment with a 100% ownership by the Group and that was created with the purpose of carrying out offshore activitiesmaster batches in Colombia, which Ecopetrol is currently conducting as operator and non-operator of permits.Peru.

b)Sento S.A.S.ECP Hidrocarburos México S.A. de CV:Subsidiary wholly-owned subsidiary in Exploration and Production, engaged in the transport segment that was created for transferring 100%operating oil contracts in Mexico, starting with blocks 6 and 8 of the equity share held by EquionRound 2.1 in Oleoducto de Colombia S.A.shallow waters.

 

2.3Measurement basis

 

The consolidated financial statements have been prepared on a historical cost basis, except for financial assets and liabilities that are measured at fair value through profit or loss and / and/or throughchanges in other comprehensive income at the end of each reporting period, as explained in the accounting policies included below.

 

Historical cost is generally based on fair value of the consideration given in exchange for goods and services.services.

 

The fair value is the price that would be received from selling an asset or that would be paid for transferring a liability among market participants, in an orderly transaction, on the date of measurement. When estimating the fair value, the Ecopetrol Business Group uses assumptions that market participants would use for pricing an asset or liability at current market conditions, including risk assumptions.

 

2.4Functional and presentation currency

 

The functional currency of each group’s company is determined in relation to the main economic environment where they operate. The consolidated financial statements are presented in Colombian pesos,Pesos, which is the Group’sEcopetrol’s functional and presentation currency. For each Group entity its functional currency is determined based of the main economic environment where it operates.

 

The statementstatements of profit or loss and statement of cash flows of subsidiaries with functional currencies different from Ecopetrol’sEcopetrol S.A.’s functional currency are translated at the exchange rates on the dates of the transaction or atbased on the monthly average exchange rate. Assets and liabilities are translated at the closing rate and other equity items are translated at exchange rates at the time of the transaction. All resulting exchange differences are recognized in other comprehensive income. UponOn disposal of all or significant part of an interest in a subsidiary, the portion offoreign operation, the cumulative translation adjustment related to the companyparticular foreign operation is recognized in the consolidated statement ofreclassified to profit or loss.

 

The financial statements are presented in Colombian pesos rounded up to the closest million unit (COP 000,000) except when otherwise indicated.

 

F-12

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

2.5Foreign currency

 

InTransactions in foreign currencies are initially recorded by the preparation of the financial statements of Ecopetrol, transactions in currencies other than the Company’sGroup’s entities at their respective functional currency are recognizedspot rates at the rates of exchange prevailing at the date of the transactions. At the end of each reporting period, monetarytransactions date. Monetary items denominated in foreign currencies are translated at the functional currency spot rates prevailing at the period end and variations presentedreporting date. Differences arising on settlement or translation or monetary items are recognized in profit or loss, in financial results, net, except those resulting from the conversion of loans and borrowings designated as cash flow hedges or net investment in a business abroad,foreign operation hedge, which are recognized in other comprehensive income within equity. When the hedged item affects the financial results, exchange differences accumulated in equity are reclassified to the consolidated statement of profit or loss as part of operating results.

F-12

Ecopetrol S.A.

Notes to the operating result.consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

Non-monetary items carriedmeasured at fair value that are denominated in a foreign currenciescurrency are translated using the exchange rates prevailing aton the date when the fair value wasis determined.

Net investment in foreign operations includes equity financing and long-term inter-company loans for which settlement is neither planned nor likely to occur in the foreseeable future. The exchange differences derived from thegain or loss arising on translation of net investmentnon-monetary items measured at fair value is treated in a foreign operation are accumulatedline with the recognition of the gain or loss on the change in fair value of the other comprehensive income.item. 

 

2.6Classification of assets and liabilities as current and non-current

 

InThe Ecopetrol Business Group presents assets and liabilities in the consolidated statement of financial position based on whether assets are classified as current or non-current.

An asset or liability is classified as current when:

§It is expected to be sold or consumed in the ordinary course of business;
§Held mainly for the purpose of trading;
§Expected to mature in twelve months or less; and,
§Cash or a cash equivalent, unless the exchange of such asset or liability is restricted or to be used to settle a liability more than twelve months after the reporting period; or
§In the case of a liability, there is no unconditional right to defer settlement of the liability until at least twelve months after the reporting period.

Other assets and liabilities are classified in accordance with their maturities between current, those with maturity equal to or less than twelve months,as non-current.

Deferred tax assets and liabilities are classified as non-current those with maturity exceeding twelve months.assets and liabilities.

 

2.7Earnings (loss) per share (basic and diluted)

 

Basic earnings (loss) per share is calculated by dividing the profit for the year attributable to ordinary equity holders of Ecopetrol S.A., the parent company, by the weighted average number of ordinary shares outstanding during the year. There is no potential dilution of shares.

 

2.8Changes in presentation policies and reclassifications

a)Subsequent to the issuance of the consolidated financial statements as of December 31, 2015, the Company modified its presentation policy in the cash flows statements to dry wells, for better understanding and comparability respect to the amount invested in exploration activities; the above is aligned with the policy of successful efforts described in Note 4.7 which states that the costs of exploratory wells are initially capitalized until it is determined if they are commercially viable, additionally, it allows alignment of the information presented with the annual investment budget published by the Company, which includes investments to be made during the period, whether commercially viable or not. With this change, starting in 2016, investments that could result in dry wells are added back to net income in determining cash flows provided by operations and are included in cash flows used in investing activities. The following is the detail of the mentioned change:Reclassifications

 

F-13

Ecopetrol S.A.

NotesAs of December 31, 2017, the Group changed the presentation of deferred tax assets and liabilities balances by offsetting deferred tax balances levied by the same taxation authority. As a result, the Group reclassified the corresponding amounts as of December 31, 2016 to Consolidated Financial Statements

(Figures expressedconform them to the current year's presentation, which had an immaterial impact in millionsthe deferred tax assets and deferred tax liabilities line items as of Colombian pesos, unless otherwise stated)December 31, 2016. In addition, such reclassifications did not have an impact in the statements of cash flows, profit or loss and changes in equity for the year ended December 31, 2016. See additional details in Note 10 - Taxes.

  December 31,
2015 as
previously
reported
  Reclassifications  December 31,
2015 as
adjusted
 
Cash provided by operating activities:            
Dry wells  -   1,266,440   1,266,440 
Total cash provided by operating activities  10,411,475   1,266,440   11,677,915 
Cash provided by operating activities::            
Investment in natural and environmental  resources  (5,590,321)  (1,266,440)  (6,856,761)
Total cash used in investing activities  (11,545,039)  (1,266,440)  (12,811,479)
Cash and cash equivalents at the end of the year  6,550,450   -   6,550,450 

  December 31,
2014 as
previously
reported
  Reclassifications  December 31,
2014 as
adjusted
 
Cash provided by operating activities:            
Dry wells  -   1,563,384   1,563,384 
Total cash provided by operating activities  16,572,981   1,563,384   18,136,365 
Cash provided by operating activities:            
Investment in natural and environmental resources  (5,038,296)  (1,563,384)  (6,601,680)
Total cash used in investing activities  (11,568,877)  (1,563,384)  (13,132,261)
Cash and cash equivalents at the end of the year  7,618,178   -   7,618,178 

b)For comparison purposes, the Company reclassified certain amounts from prior periods, in the concepts that comprise the statement of changes in equity, as well as, the reconciliation of the income tax expense related in the note 10 - Taxes, to allow better comparability with the current period. These reclassifications do not impact either profit or loss or equity.

 

3.Significant estimates and accounting judgments

 

The preparation of the consolidated financial statements requires estimates from Company management to quantify somemake judgements, estimates and assumptions that affect the reported amounts of assets, liabilities, sales revenues, costs and commitments recognized in the financial statements. These estimates have been madestatements and the accompanying disclosures. The Group based on the best available data for realized facts. Uncertainty on theits assumptions and estimationsestimates on parameters available when the consolidated financial statements were prepared. Uncertainty about these assumptions and estimates could result intoin outcomes that required a material future changes that could affectadjustment to the valuecarrying amount of assets or liabilities. The changes to suchliabilities affected in future periods. Changes in estimates are recognizedadjusted prospectively in a prospective manner during the period in which the estimate is reviewed.revised.

 

The following are accounting judgments and estimates with the most significant effect for preparing the financial statements:

3.1Oil and Gas reserves

Measurements relating to depreciation, depletion, amortization, impairment and asset abandonment obligations are determined, in part, based on the Company's estimated reserves of oil and natural gas. Reserves estimation is an inherently complex process and it involves professional judgments.

 F-14F-13 

Ecopetrol S.A.

Notes to Consolidated Financial Statementsthe consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

In the process of applying the Group’s accounting policies, management has made the following judgments and estimates which have the most significant impact on the amounts recognized in the consolidated financial statements:

3.1Oil and gas reserves

Hydrocarbon reserves are estimates of the amount of hydrocarbons that can be economically and legally extracted from the Group’s oil and gas properties.

 

The reserves estimation is conducted annually atas of December 31 in accordance with the United States Securities and Exchange Commission (SEC) definitions and rules set forth in Rule 4-10(a) of SEC Regulation S-X and the disclosure guidelines contained in the SEC final rule - Modernization of Oil and Gas Reporting.

 

As required by current regulations, the future estimated date inon which a field will no longer produce for economic reasons, is based on actual costs and average of crude prices (calculated as the arithmetical average of prices on the first day of the past 12 months). The estimated date for end of production will affect the amount of reserves, unless the prices have been defined by contractual agreements; therefore, if the prices and costs change from one year to the other, the proved reserves estimate also changes. Generally, our proveproved reserves decrease as prices go down and increase when prices go up.

 

Reserves estimation is an inherently complex process and it involves professional judgments. Reserves estimations are prepared using geological, technical and economic factors, including projections of future production rates, oil prices, engineering data and lengthduration and amount of future investments, withand they imply a certain degree of uncertainty. These estimations reflect the regulatory and market conditions existing on the date of reporting, which could significantly differ from other conditions during the year or in future periods. Any changes in regulatory and/or market conditions and assumptions could materially affect the reserves estimation.

 

Impact of oil reserves and natural gas in depreciation and depletion

 

Changes in estimates of provedto estimations for proven developed reserves may affect the carrying amounts of exploration and production assets, natural resources and environment, goodwill, liabilities for dismantling and depreciation, depletion and amortization. With all other variables remaining unchanged, a decrease in estimated provedproven reserves would increase, prospectively, depreciation, depletion and amortization expenses,costs, while an increase in reserves would reduce depreciation and amortization expenses, as depreciation, depletion and amortization charges are calculated using the units of production method.

 

Information about the carrying amounts of exploration and production assets and the amounts charged to income, including depreciation, depletion and amortization, is presented in Notes 15 and 16.

 

3.2Asset impairment (recovery)

 

The CompanyManagement uses its professional judgment in assessing the existence of evidence of an expense for (recovery of) impairment, based on internal and external factors. If

When an indicator of impairment indicators exist, Company estimatedor reversal of a prior periods impairment exists, the Group estimates the recoverable amount of the cash generating units (CGU), which is considered to be the highergreater of the fair value less costs of disposal and the value in use.

F-14

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

The assessments require the use of estimates and assumptions, including:such as, among other factors: (1) Estimationestimation of the volumes and market value of oil and natural gas reserves; (2) production profiles for oilfields and the future production of refined and chemical products; (3) investments, taxes and future costs; (4) useful life of assets; (5) future prices, andlong-term prices; (6) the discount rate, which is revised annually and determined as the weighted average cost of capital (WACC),; and (7) changes in environmental regulation, among other factors.regulation. The recoverable amount is compared to the carrying amount of the asset, or the cash generating unit, to determinate ifthus determining whether the asset is impaired.impaired or if the impairment recognized in prior periods should be reversed.

A previously recognized impairment loss is reversed only if there has been a change in the assumptions used to determine the assets or in the CGU’s recoverable amount since the last impairment loss was recognized. The reversal is limited so that the carrying amount of an asset or CGU, other than goodwill, does not exceed either its recoverable amount, or the carrying amount that would have been determined (net of amortization or depreciation) had no impairment loss been recognized for the asset or CGU in prior periods.

 

Future oil price assumptions are estimated at current market conditions. Expected production volumes, which comprise provedproven and unproved reserves, are used for impairment testing because management believes this to be the most appropriate indicator of expected future cash flows, which would also be considered by market participants. Reserves estimates are inherently imprecise and subject to risk and uncertainty. Furthermore, projections about unproved volumes are based on information that is necessarily less robust than thatwhat is available for mature reservoirs.

 

Changes inThese estimates and judgments mayassumptions are subject to risk and uncertainty. Therefore, there is a possibility that changes in circumstances will impact these projections, which may also impact the recoverable amount of the cash generating units and, as a consequence,assets and/or CGUs, hence, may also impactaffect the recognition of an impairment loss or recoverythe reversal of assetprior period impairment amounts.

F-15

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

3.3Exploration and evaluation costs

 

The application of the Group’s accounting policy for exploration and evaluation costs requires judgment in order to determine whether future economic benefits are likely, either from future exploitation or sale, or whether activities have not reached a stage which permits a reasonable assessment of the existence of reserves. Certain exploration and evaluation costs are initially capitalized when it is expected that an economicallycommercially viable extraction operation can be established.reserves will result. The CompanyGroup uses its professional judgment of future events and circumstances and makes estimates in order to annually assess annually the generation of future economic benefits for extracting the oil resources, as well as technical and commercial analyses to confirm intentits intention of continuing their development. Changes regarding available information such as drilling success level or changes in the project's economics, production costs, and investment levels, and others,as well as other factors, may result in capitalized exploration drilling costs being recognized as a cost in profit or loss for the period. Since 2016,The expenses for dry wells are treated as investmentis included in operating activities in the consolidated statement of cash flows.

 

3.4 Determination of cash generating units (CGU)

3.4Determination of cash generating units (CGU)

 

The allocation of assets in cash generating units requires significant judgment, as well as interpretationsassessments regarding the integration betweenamong assets, the existence of active markets, and similar exposure to market risk, shared infrastructure, and the way in which management monitors the operations. See Note 4.12 - Impairment in the value of non-financial assets for more information.

 

3.5Asset retirement obligationAbandonment and dismantling costs of fields and other facilities

 

According to environmental and oil regulations, the Company must recognizeGroup is required to bear the costs for the abandonment of oil extraction and transportation facilities, which include the cost of plugging and abandoning wells, dismantling facilities, and environmental remediation in the affected areas.

 

F-15

The estimated

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Estimated abandonment and dismantling costs of dismantling and abandonment of these facilities are recorded in the functional currency of each company at the time of the installation of assets. The estimated obligation created for the abandonmentassets and dismantling are subject to annual reviews and adjusted to reflect the best available estimation due to technological changes, political, economic, and environmental and security issues, as well as relationships with stakeholders.reviewed annually.

 

The determination ofcalculations for these estimations isare complex and involve significant judgmentjudgments by Management, such asManagement. The ultimate decommissioning costs are uncertain and cost estimates can vary in response to many factors, including changes to relevant legal requirements, the emergence of new restoration techniques or experience at other production sites. The expected timing, extent and amount of expenditure may also change, for example, in response to changes in internal cost projections, of costs, changes in reserve estimates, future inflation rates and discount rates. The CompanyGroup considers that the abandonment and dismantling costs are reasonable, based on the experience of the Ecopetrol Business Group and market conditions; nevertheless, significant variations in external factors used for the calculation of the estimation could significantly impact the amounts recorded in the financial statements.

 

3.6Pension plan and other benefits

 

The calculationdetermination of expenses, liabilities and adjustments relating to pension plans and other defined retirement benefits requiresmakes it necessary for management to use its judgment in the application of actuarial assumptions usedmade in suchthe actuarial calculation. The actuarial assumptions include estimates regarding future mortality, retirement, changes in compensation and discount rate in order to reflect the time value of money, over time, in addition to the rate of return on the plan's assets. Due to the complexity ofin the valuation of these variables, as well as thetheir long term nature, the obligations that are definedestimated amounts are quite sensitive to any change ofin these assumptions.

 

These assumptions are reviewed on an annual basis for purposes of actuarial valuations and may differ materially from actual results due to changingchanges in economic and market conditions, regulatory events,changes, judicial rulings, higher or lower retirement rates, or longer or shorter life expectancies among employees. The calculation of pension bonds is maintained for compliance with the Company's pension obligations, in accordance with current regulations.

F-16

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

3.7Goodwill impairment

 

The CompanyIn December of each year, the Group performs an annual impairment test ofon goodwill to assess if itits carrying amount is recoverable. Goodwillis allocated to each of the cash-generating units (or groups of cash generating units) expecting to benefit from the synergies of the combination.may be impaired.

 

The determination of the recoverable valueamount is described in note 4.12 and its calculation requires assumptions and estimations.estimates. The CompanyGroup considers that the assumptions and estimations used are reasonable and supportable based on the current market conditions and are aligned to the risk profile of the related assets. However, if different assumptions and estimations may beare used, which wouldthey could lead to different results. Valuation models used to determine fair value are sensitive to changes in the underlying assumptions. For example, sales volumes and prices that will be paid for the purchase of raw materials are assumptions that may vary in the future. Adverse changes in any of these assumptions could lead to the recognition of goodwill impairment.

 

3.8Litigation

 

The CompanyGroup is subject to claims forrelating to regulatory and arbitration proceedings, tax assessments and other claims arising in the ordinarynormal course of business. Management evaluates these claims based on their nature, the likelihood that they materialize and the amounts involved, to decide on any changes to the amounts accruedrecognized and/or disclosed in the financial statements.

This analysis, which may require considerable judgment, includes the assessment of current legal proceedings brought against the CompanyGroup and claims not yet initiated. A provision is recognized when the CompanyGroup has a present obligation as a result ofderived from a past event, it is probablelikely that an outflow of resources embodyingof economic benefits will be required to settle the obligation, and a reliable estimate can be made of the amount of such obligation can be made.

F-16

Ecopetrol S.A.

Notes to the obligation.consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

3.9Taxes

 

Calculation of the income tax provision requires interpretation of the tax law in the jurisdictions where the Ecopetrol Business Group operates. Significant judgment is required to determine estimates for income tax on taxable profits and to evaluate the recoverability of deferred tax assets, which isare based on estimates of future taxable income and the ability to generate sufficient resultstaxable income during the periods in which such deferred taxes are deductible. Liabilities for deferred taxes are recorded in accordance with estimates of net assets that in the future will notcould be tax deductible.used or deduct.

 

To the extent that actual future cash flows and taxable income differ significantly from the estimates, the Company's capacity recover recordedGroup's ability to realize the deferred tax assets recorded could be affected.

 

Additionally,Furthermore, changes in tax rules could limit the capacity of the CompanyGroup to obtain tax deductions in future years, as well as the recognition of new potentialtax liabilities resulting from questioningauditing conducted by the reviews of tax authorities.

 

Tax positions used implytaken involve a thorough evaluationassessment by Management, and these are reviewed and adjusted in response to situations such as expiryexpiration in applicationthe applicability of laws, closing of tax audits, additional disclosures caused by any legal issue or a court decision relatedrelevant to a particular tax issue. The Company createsGroup records provisions based on the estimation of aestimated potential adverse decisionliabilities that could be derived from a tax audit. The amount of these provisions depends on factors such as previous experience in tax audits and different interpretations of tax rules by tax paying entities and tax authorities.legislation. The actual results may differ from recorded amounts.the estimates recorded.

F-17

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

3.10Hedge Accountingaccounting

 

The process of identifying hedge relations among hedging elementsrelationships between hedged items and the underlying instruments (derivative and non-derivative such as long term debt inlong-term foreign currency)currency-denominated debt), and the relatedtheir corresponding effectiveness, requires management judgment.the use of judgment by management. The CompanyGroup periodically assessesmonitors the alignment between identified hedgesits hedge instruments and its risk management policy.

 

4.Accounting policies

 

The accounting policies indicated below have been applied consistently applied infor all the periods presented, unless otherwise indicated.presented.

 

4.1Financial instruments

 

The classification of financial instruments depends on the nature and purpose for which the financial assets or liabilities were acquired and is determined at the time of initial recognition. Financial assets and financial liabilities are initially measured at their fair value.

Transaction costs that are directly attributable to the acquisition or issue of financial assets and financial liabilities (other than financial assets and financial liabilities at fair value through profit or loss) are added to or deducted from the fair value of the financial assets or financial liabilities, as appropriate, on initial recognition. Transaction costs directly attributable to the acquisition of financial assets or financial liabilities at fair value through profit or loss are recognized immediately in the statement of profit or loss.

 

FinancialAll financial assets with changes in profit or loss and other comprehensive income are statedinitially recorded at fair value. Financial instruments such as, loansLoans and trade receivables, other receivables and financial assets held-to-maturity are statedmeasured subsequently measured at amortized cost using the effective interest method.

 

F-17

Available

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Equity investments available for sale equity investments that do not have a market quotedquotation price and for which fair value cannot be reliably measured are measured at cost less any loss for impairment identified at the end of each reporting period.

 

FairMeasurements at fair value measurement

 

Fair value is the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. The fair value measurement is based on the presumption that the transaction to sell the asset or transfer the liability takes place either in the principal market forof the asset or liability or in the absence of a principal market in the most advantageous market for the asset or liability.

 

All assets and liabilities for which fair value is measured or disclosed in the financial statements are categorizedclassified within the fair value hierarchy,following scale based on the lowest level input that is significant to the fair value measurement as a whole, as follows::

 

·§Level 1: Quoted (unadjusted) market prices in active markets for identical assets andor liabilities. ForThe fair value of the Company, level-1 inputs includeGroup’s marketable securities that are actively traded.a quoted market price is based on Level 1 inputs.

 

·§Level 2: Entries different from those of Level 1Valuation techniques for which the lowest level input that are observable, eitheris significant to the fair value measurement is directly or indirectly. For the Company, Level-2 entriesindirectly observed. Level 2 inputs include prices of similar assets, prices obtained through quotations made by stockbrokers, and prices that can be substantially corroborated with other observable data with the same term of the contract.contractual terms.

 

For derivative contracts for which a quoted market price is not available, fair value estimations are generally determined using models and other valuation methods, the key inputs for which include future prices, volatility estimates, price correlation, counterparty credit risk and market liquidity, as appropriate. For other assets and liabilities, fair value estimations are generally based on the net present value of expected future cash.

·§Level 3: Unobservable inputs.Valuation techniques for which the lowest level input that is significant to the fair value measurement is unobservable. The CompanyGroup does not use Level-3 inputs for the measurement of financial assets and liabilities. The CompanyGroup may use Level-3 inputs for the determinationcalculation the recoverable amount of fair value associated with certain measurements of non-financial assets to determine their recoverable amount.for the purpose of impairment testing.

 

F-18

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Effective interest rate method

 

The effective interest rate method is a method of calculating the amortized cost of a financial instrument and accounting of income or financial cost over the relevant period. The effective interest rate is the discount rate that exactly discounts estimated future cash receipts or payments (including all fees, transaction costs and other premiums or discounts) through the expected life of the financial instrument (or, when appropriate, at a shorter period), to the net carrying amount on initial recognition.

 

Impairment

 

The Company assesses, atGroup evaluates, on each reporting date, whetherif there is objective evidence that a financial asset or a groupofgroup of financial assets isare impaired. Financial assets are assessedevaluated for the impairment indicators at the end of each reporting period. Financial assets are considered to be impaired when there is objective evidence that, as a result of one or more events that occurred after initial recognition, the estimated future cash flows of the asset have been affected. For financial assets measured at amortized cost, the amount of the impairment loss recognized is the difference between the asset’s carrying amount and the present value of estimated future cash flows, discounted at the financial asset’s original effective interest rate.

 

F-18

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

De-recognition of financial assets and liabilities

 

Ecopetrol derecognizes a financial asset only upon the expiration of the contractual rights to receivethe cash flows fromof the financial asset or, when it has transferred its rights to receive such cash flows from the asset or has assume anassumed the obligation to pay the received cash flows received in full without material delay to a third party and either (a) it has transferred substantially all the risks and rewardsbenefits inherent in the ownership of the financial asset or (b) it has neither transferred nor retained substantially all the risks and rewardsbenefits of the asset, but has transferred control of the asset.

 

When the CompanyGroup does neither transfer nor retain substantially all the risks and rewardsbenefits of the asset nor transferredor transfer control of the asset, the CompanyGroup continues recognizingto recognize the transferred asset, to the extent of itits continuing involvement,participation, and it also recognizes anthe associated liability.

 

4.1.1Cash and cash equivalents

 

Cash and cash equivalents include cash on hand, financial investments that are highly liquid, bank deposits and at banks and short-term investmentsspecial funds with original maturity dates of 90ninety days or less which are subject to an insignificant risksrisk of changes in value.

 

4.1.2Financial assets

 

The CompanyGroup classifies its financial assets in the following categories:

 

a)Financial assets measured at fair value through profit or loss

 

Financial assets at fair value through profit or loss are financial assets held for trading and financial assets designated at the time of the initial recognition at fair value through profit or loss. Financial assets are classified as held for trading if they are acquired to be sold or repurchased in the short term. Financial assetsThey are recognized at their fair value through profitand losses or lossprofits arising at the time of re-measurement are carried at fair value with net changes in fair value recognized in the statement of profit or loss.

 

b)Financial assets measured at fair value with changes in other comprehensive income

 

These are equity instruments of other non-controlled and non-strategic companies not allowing for any type of control or materialsignificant influence thereon and where the CompanyGroup’s management isdoes not intendedintend to negotiate with them in the short-term. These instrumentsinvestments are recognized forrecorded at their fair value and unrealized lossesgains or gainslosses are recognized in other comprehensive income. The sales revenues received by these equity instruments are recognized as financial sales revenues inincome and credited to the period results.

 F-19

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Atavailable for sale reserve until the investment is derecognized, at which time, of sale or recognition of losses for impairment in its value, the cumulative adjustment for valuation in the other comprehensive income and the profitgain or loss in sale areis recognized in other operating income, or the investment is determined to be impaired, when the cumulative loss is reclassified from the available to sale reserve to the statement of profit or loss.

 

c)Loans and receivables

 

Loans and receivables are non-derivative financial assets with fixed or determinable payments that are not quoted in an active market. Loans and receivables, are classified as current, except when their maturity is longer than twelve months as of the date of the statement of financial position, in which case they are classified as non-current. Loans and receivables, including trade and other receivables, are measured initially measured at fair value and subsequentlythen at amortized cost using the effective interest rate method, less impairment.

 

F-19

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Loans to employees are initially recognizedrecorded using the present value of the future cash flows, discounted at the current market rate for similar loans. If the interest rate is less than the current market rate, fair value will be less than the amount of the loan. This difference is recorded as a benefit to employees.

 

4.1.3Financial liabilities

 

Financial liabilities correspond to the financing obtained by the CompanyGroup through bank credit facilities and bonds, accounts payable to suppliers and creditors.

 

Bank credit facilities and bonds are initially recognized at their fair value, net of transactions costs incurred. The difference between the amount receivedcost. After initial recognition, interest-bearing credit facilities and its nominal value is recognized in the results of the period during the time of amortization of the financial obligation,bonds are subsequently measured at amortized cost, using the effective interest rate method. The effective interest method amortization is included as a financial expense in the statement of profit or loss.

 

Accounts payable to suppliers and creditors are short termshort-term financial liabilities recorded at their nominal value, whichsince it does not significantly differ significantly from their fair value.

 

A financial liability is derecognized when the obligation underspecified in the liabilitycorresponding contract is dischargedpaid or cancelled expires.expired. When an existing financial liability ishas been replaced by another from the same lender, onunder substantially different terms, or the terms of an existing liability are substantially modified, such an exchange or modification is treated as the derecognitionde-recognition of the original liability and the recognized as a new liability. The difference inbetween the respective carrying amounts is recognized in the statement of profit or loss.

 

4.1.4Derivative financial instruments and hedging activities

 

Financial derivative instruments are initially recognized in the statement of financial position as assets or liabilities and are measured at fair value on the date on which the derivative is entered intorecorded and are subsequently measured at fair value. Changes in the fair value of derivatives are recognized as gaingains or losslosses in the statement of profit or loss, except for the effective portion of cash flow hedges, which is recognizerecognized in other comprehensive income and later reclassified to profit or loss when the hedge item affects profit or loss.

 

The profit or lossChanges in fair value of derivative contracts, neither qualified norwhich do not qualify or are not designated as hedges, including forward salecontracts for the purchase and purchase contractssale of commodities in tradingunder negotiation for physical delivery or physical receivingreceipt of the commodity are registeredrecorded in profit or loss.

 

EmbeddedDerivatives embedded in the host contract are accounted for as separate derivatives in contracts that do not yet require being recognized at fair value and that are not directly related to the host contract in terms of economicsif their economic characteristics and risks are separated from theirnot closely related to those of the host contractcontracts and recognizedthe and the host contracts are not held for trading or designated at fair value; associated gains and lossesvalue through profit or loss. These embedded derivatives are measured at fair value with changes in fair value recognized in profit or loss.

 

 F-20

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

4.1.5Hedging operations

 

For purposepurposes of hedge accounting, hedges are classified as:

 

§Fair value hedges, when hedging the exposure to changes in fair value of a recognized asset or liability, or an unrecognized firm commitment, or an identifiable portion of such asset, liability or firm commitment.

 

§Cash flow hedges when hedging of the exposure to variability in cash flows that is either attributable to a particular risk associated with a recognized asset or liability or a highly probable forecast transaction.

 

§Hedges of a net investment in a foreign operation.

 

F-20

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

At the inception of a hedgethe hedging relationship, the CompanyGroup formally designates and documents the hedge relationship to which it wishes to apply hedge accounting, including the relationship between the hedging instrument and the hedged item, thetogether with its risk management objectives and strategy to perform hedging transactions. Furthermore, suchSuch hedges are expected to be highly effective in achieving offsetting changes in fair value or cash flows and areare; assessed on an ongoing basis to determine that they actually have been highly effective throughout the financial reporting periods for which they were designated.

 

Hedging instruments are classified as non-current assets or liabilities when their expiration is more than 12 months from the statement of financial position date, otherwise they are classified as current assets or liabilities.4.1.5.1Cash flow hedge

4.1.5.1Cash flow hedge

 

The effective portion of the gain or loss onof the hedging instrument is recognized in other comprehensive income, while any ineffective portion is recognized in the consolidated statement of profit or loss, in the net financial results line item.

 

The amounts previously recognized in other comprehensive income are transferred to profit or loss, when the hedged transaction affects profit or loss. When the hedged item is the cost of a non-financial asset or liability, the amounts previously recognized in other comprehensive income are transferred and included into the initial carrying amount of the cost of the non-financial asset or liability.

 

If the hedging instrument expires or is sold, terminated or exercised without replacement or rollover, or if itits designation as a hedge is revoked or when the hedge no longer meets the criteria for hedge accounting, any cumulative gain or loss previously recognized in other comprehensive income remains separately in equity until the forecast transaction occurs is recognized in the consolidated statement of profit or loss. When it is no longer expected that the initially hedged transaction occurs, any profit or loss accumulated in equity is immediately recognized in profit or loss.will occur.

Ecopetrol designates long termlong-term loans as hedging instrumentinstruments for theirits exposure to the exchange risk in future oil exports. See Note 3130 for further information.

 

4.1.5.2Hedge of a net investment in a foreign operation

4.1.5.2Hedge of net investment in a foreign operation

 

Hedges of net investment in a foreign operation are accounted for in a way similar to the cash flow hedges.

 

Gains or losses on of the hedging instrument related to the effective portion of the hedge are recognized in other comprehensive income, while any gains or losses relating to the ineffective portion are recognized in the statement profit or loss. Cumulative gains or losses recorded in equity is transferred to the consolidated statement of profit or loss when the foreign subsidiaryoperation is partially or totally disposed of.

 

 F-21

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Ecopetrol uses long termallocates long-term loans as a hedge ofhedging instruments for its exposure to foreign exchange risk on its investment in subsidiaries whose functional currency is the U.S. dollar. See Note 3130 for further information.

 

4.2Inventories

 

Inventories are stated at the lower of cost and net realizable value.

 

Inventories mainly comprise crude oil, fuels and petrochemicals and consumable inventories (spares and supplies).p.

 

The cost of crude oil is the production costs, including transportation costs.

 

The crudecost required to bring the pipeline into working order, is treated as part of the related pipeline.

 

F-21

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

The cost of other inventories is determined based on the weighted average cost method, which includes acquisition costs (deducting commercial discounts, rebates and other similar items), transformation, and other costs incurred to bring inventory to their current location and condition, such as transportation costs.

 

Consumable inventories (spares and supplies) are recognized as inventory and then charged to expense, maintenance or project to the extent that such items are consumed.

 

Ecopetrol estimates the net realizable value of inventories at the end of the period. When the circumstances that previously caused inventories to be written down below cost no longer exist, or when there is clear evidence of an increase in the net realizable value because of a change in economic circumstances, the amount of the write-down is reversed.Thereversed. The reversal cannot be greater than the amount of the original write-down, so that the new carrying amount will always be the lower of the cost and the revised net realizable value.

 

4.3Related parties

 

Related parties are considered those in which one party has the ability to control, or has joint control of the other, or exercises significant influence over the other party in making financial or operational decisions, or is a member of key management personnel (or close relative of a member). The Company has considered asGroup considers related parties to be associates, joint ventures, key management executives, entities managing resources for payment of employee post-employment benefit plans and some relevant transactions with Colombian government entities for the purposes of certain relevant transactions, such as the purchase of hydrocarbons and the fuel price stabilization fund. See note 4.16.fund (see Note 4.16).

 

4.3.1Investments in associates

 

An associate is an entity over which the Ecopetrol Business Group has significant influence but not control. Significant influence is the power to participate in the financial and operatingoperational policy decisions of the investee, but it is not control or joint control over those policies. Generally, these entities are those in which the Group holds an equity interest is maintained fromwith voting rights of 20% to 50% of the voting rights.. See Exhibit I - Consolidated companies, associates and joint ventures for further details..details.

 

Investments in associates are accounted for using the equity method. Under the equitythis method, the investment in an associate is initially recognized at cost. The carrying amount of the investment is adjusted to recognize changes in associates includes goodwill identified onthe Group’s share of net assets of the associate since the acquisition whichdate. Goodwill related to the associate is included in the carrying amount of the investment and is not tested for impairment separately.

 

 F-22

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

The Company'sGroup's share of the results of operations of the associate is recognized in the consolidated statement of profit or loss. Any changeschange in other comprehensive income is recognized in other comprehensive income of the associates is recognized in the Company’s other comprehensive income.Group.

 

After application of the equity method, the CompanyGroup determines if it is necessary to recognize an impairment loss on its investment in its associate. At each reporting date, the CompanyGroup determines whether there is objective evidence that the investment in the associate is impaired. If there is such evidence, the Company calculates the amount of the impairment is calculated as the difference between the recoverable amount of the associate and its carrying value, and then recognizes the lossimpairment is recognized in the consolidated statement of profit or loss.

 

When necessary, the CompanyGroup makes adjustments to the accounting policies of associates to ensure consistency with the policies adopted by the Company. In addition,Group. Additionally, the equity method of these companies is measured on their most recent financial statements.

 

F-22

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

4.3.2Joint ventures

 

A joint venture is a type of joint arrangement whereby two or morethe parties that have joint control of the arrangement have rights to the net assets of the joint arrangement. Joint control exists only when decisions about the relevant activities require unanimous consent of the parties sharing such control. The accounting treatment for the recognition of joint ventures is the same as investments in associates.

 

4.4Joint operations

 

A joint operation is a type of joint arrangement whereby the parties that have joint control of the arrangement have rights to the assets and obligations for the liabilities, relating to the arrangement.

 

Joint operation contracts are entered into between Ecopetrol and third parties in order to share risk, secure capital, maximize operating efficiency and optimize the recovery of reserves. In these joint operations, one party is designated as the operator to execute the expense and investment budgetoperations and report to partners according to their participationparticipating interests. Furthermore,Likewise, each party takes its share of the produced hydrocarbons (crude oil or gas) produced according to their production share.share in production.

 

When Ecopetrol participates as a non-operator partner, it records the assets, liabilities, sales revenues, costscost of sales and expenses based on the operators'operator’s report. When Ecopetrol is the direct operator of the joint venture contracts, it records its percentage of the assets, liabilities, sales revenues, costs and expenses, based on the participation of each partner’s participation interestspartner in the items corresponding to assets, liabilities, expenses,sales revenues, costs and sales revenues.expenses.

When the Group acquires or increases its participation in a joint operation in which the activity constitutes a business combination, such transaction is recorded applying the acquisition method in accordance with IFRS 3 - Business combination. The acquisition cost is the sum of the consideration transferred, which corresponds to the fair value, on the date of acquisition of the assets transferred and the liabilities incurred. Any transaction cost related to the acquisition or increased share in the joint operation that constitutes a business combination is recognized in the consolidated statement of profit or loss.

The excess of the sum of the consideration transferred and the amount paid in the operation is recognized as goodwill. If the result is in an excess value of the net assets acquired over the amount paid in the operation, the difference is recognized as income in the consolidated statement of profit or loss on the date of recognition of the transaction.

 

4.5Non-current assets held for sale

 

Non-current assets are classified as held for sale if their carrying values will be recovered principally through a sale transaction rather than through continued use. Non-current assets are classified as held for sale only when the sale is highly probable within one year from the classification date of classification and the asset (or group of assets) is available for immediate sale in its present condition. These assets are measured at the lower of their carrying amount and fair value less related disposal costs.costs of disposal. See Note 13 for further information.

 F-23

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

4.6Property, plant and equipment

 

Recognition and measurement

 

Property, plant and equipment are stated at cost less accumulated depreciation and accumulated impairment losses. Tangible components related to natural and environmental resources are part of property, plant and equipment.

F-23

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

The initial cost of an assets comprises its purchase price or construction cost, including import duties and non-refundable purchase taxes, any costs directly attributable to bringing the asset into operation, costs of employee benefits arising directly from the construction or acquisition, borrowing costs incurred that are attributable to the acquisition and construction of qualifying assets and the initial estimate of the costs of dismantling and abandonment of the item.

 

Spare parts and servicing equipment are recorded as inventories and recognized as an expense as they are used. Major spare parts and stand-by equipment that the entity expects to use during more than one period are recognized as property, plant and equipment.

 

Any gain or loss arising from the disposal of a property, plant and equipment item is recognized in profit or loss of the period.

 

Subsequent disbursements

 

TheySubsequent disbursements correspond to all payments to be made on existing assets in order to increase or extend the initial expected useful life, increase productivity or productive efficiency, allow for significant reduction of operating costs, increase the level of reserves in exploration or production areas or replace a part or component of an asset that is considered critical for the operation.

 

The costs of repair, conservation and maintenance of a day to day nature are expensed whenas incurred. However, disbursements related to major maintenance are capitalized.

 

Depreciation

 

Property, plant and equipment is depreciated using the straight-line method, except for those associated with exploration and production activities which are depreciated using the units-of-production method. Technical useful lives are updated annually considering factors such as: additions or improvements (due to parts replacement or critical components for the asset’s operation), technological advances, obsolescence and other factors; the effect of this change is recognized from the period in which it was executed. Depreciation of an asset starts when it is ready to be used.

 

Useful lives are determined based on the period over which an asset is expected to be available for use, physical exhaustion, technical or commercial obsolescence and legal limits or restrictions over the use of the asset.

 

The estimated useful life are as follows:of assets fluctuates in the following ranges:

 

Plant and equipment715 - 5665 years
Ducts,Pipelines, networks and lines10 - 5359 years
Buildings1912 - 7280 years
Other 35 - 3833 years

 

Land is recorded separately from buildings and facilities and they areis not subject to depreciation.

 

Depreciation methods and useful lives are reviewed annually and adjusted if appropriate.

 

 F-24 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

4.7Natural and environmental resources

 

Recognition and measurement

 

Ecopetrol uses the successful efforts method to account for exploration and production of crude oil and gas activities, following the provisions of IFRS 6 – Exploration for the evaluation of mineral resources.

 

Exploration costs

 

Acquisition and exploration costs are recorded as exploration and evaluation assets until the determination of whether the exploration drilling is successful or not; if determined to be unsuccessful, all costs incurred are recognized as expenses in the consolidated statement of profit or loss.

 

Exploration costs are those incurred with the objective of identifying areas that are considered to have prospects of containing oil and gas reserves, including geological and geophysical, seismic costs, viability, and others, which are recognized as expenses when incurred. Furthermore, disbursements associated with the drilling of exploratory wells and those related to stratigraphic wells of an exploratory nature are charged as assets until it is determined if they are commercially viable; otherwise, they are expensed in the consolidated statement of profit or loss as as dry wells expense. Other expenditures are recognized as expenses when incurred.

 

An exploration and evaluation asset shallis no longer be classified as such when the technical feasibility and commercial viability of extracting a mineral resource are demonstrable. Exploration and evaluation assets shall beare reclassified to the natural and environmental resources account after being assessed for impairment, and any impairment loss recognised, before reclassification.impairment.

 

All capitalized costs are subjected to technical and commercial revisions at least once a year to confirm continuity to developthe evaluation and produce suchexploration efforts continue on the fields; otherwise, these costs are transferredwritten off through to profit or loss.

Exploration costs are net of the revenues obtained from the sale of crude oil during the extensive testing period, net of cost of sales, since they are considered necessary to complete the asset.

Development Costscosts

 

Development costs correspond to those costs incurred to obtain access to proved reserves and to provide facilities for extracting, treating, gathering and storing. When a project is approved for development, the accumulatedcorresponding capitalized acquisition and exploration costs isare classified as natural and environmental resources and costs subsequent to the exploration phase are capitalized as development costs of the properties that contain such natural resources. All development costs are capitalized, including drilling costs of unsuccessful development wells.

 

Production costs

 

Production costs are those incurred to operate and maintain productive wells, and are part of the corresponding equipment and facilities. The productionProduction activity includes extraction of oil and gas to the surface, its gathering, treatment and processing as well as storage in the field. Production costs are expenses recorded in the consolidated statement of profit andor loss as incurred unless they add oil and gas reserves, in which case they are capitalized.

 

Production and support equipment is recognized at cost and is part of property, plant and equipment subject to depreciation.

F-25

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

Capitalized costs also include decommissioning, dismantling, retiring and restoration costs, as well as the estimated cost of future environmental obligations. The estimation includes plugging and abandonment costs, facility dismantling and environmental recovery of areas and wells. Changes arising in new abandonment liability estimations and environmental remediation are capitalized in the carrying amount of the related asset.

 

 F-25

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Depletion

 

Depletion of natural and environmental resources is determined using the unit-of-production method per field, using proved developed reserves as a base. Amortization factorsbase, except in limited exceptional cases that require greater judgment by Management to determine a better amortization factor of future economic benefits over the useful life of the asset. Depreciation rates are reviewed annually, based on the reserve reportreserves reports and the impact of any changes of such factors on the amortization is recognized prospectively in the financial statements.

 

Reserves are audited by internationally recognized external consultants and approved by the Company’s Board of Directors. Proved reserves consist of the estimated quantities of crude oil and natural gas demonstrated with reasonable certainty by geological and engineering data to be recoverable in future years from known reserves under existing economic and operating conditions, that is, at the prices and costs that apply at the date of the estimation.

 

Impairment

 

Assets associated to exploration, evaluation and production are subject to review for possible impairment in their recoverablecarrying amount. See notes 3.2 – Asset impairment (recovery) and 4.12 - Impairment in the value of non-financial assets.

 

4.8Capitalization of borrowing costs

 

Borrowing costs related to the acquisition, construction or production of a qualifying asset that requires a substantial period of time to get ready for its intended use are capitalized as part of the cost of such asset when it is probable that future economic benefits associated with the item will flow to the CompanyGroup and costs can be measured reliably. Other borrowing costs are recognized as finance costs in the period in which they are incurred.costs. Projects that have been suspended but that the CompanyGroup intends to continue to pursue their developingdevelopment in the future, are not considered qualifying assets for the purpose of capitalization of borrowing costs.

 

4.9IntangiblesIntangible assets

 

Intangible assets with a defined useful life, which were acquired separately, are stated at cost less accumulated amortization and any impairment loss. Intangible assets are amortized under the straight linestraight-line method, over their estimated useful lives. The estimated useful lives and amortization method are revised at the end of each reporting period; any change in the estimates is recognized on a prospective basis.

 

The disbursements in relation to research activities are expensed as incurred.

 

4.10Goodwill

 

Goodwill is initially measured at cost (being the excess of the aggregate of the consideration transferred and the amount recognisedrecognized for non-controlling interestsinterest and any previous interest held over the net identifiable assets acquired and liabilities assumed). After initial recognition goodwill is measured at cost less any accumulated impairment loss. Goodwill is not amortized but annually tested for impairment.impairment annually.

F-26

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

4.11Leases

 

Leases are classified as finance leases whenever the terms of the lease transfer substantially all the risks and rewards of ownership. All other leases are classified as operating leases.

 

Assets held under finance leases, when Ecopetrol is the lessee, are recognized in the consolidated statement of financial position at an amount equal to the fair value of the leased asset or, if lower, the present value of the minimum lease payment. These assets are depreciated over the asset's useful life. When there is no reasonable certainty that the company will obtain ownership of the asset at the end of the contract, the leased assets are depreciated in the shortest period between the asset estimated useful life and the lease term.

 

 F-26

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

The corresponding liability to the lessor is included in the consolidated statement of financial position as a finance lease obligation, in the loans and financing line item.

 

Lease payments are apportioned between financial charges and reduction of lease liabilities in order to achieve a constant rate of interest on the liability remaining balance. Interest expenses areexpense is recognized immediately in the statement of profit or loss.

 

Operating lease payments are recognized as an expense on a straight-line basis over the lease term, except where another systematic prorating basis is more representative of the time pattern of economic benefits from the lease. Contingent rentals arising under operating leases are recognized as an expense in the period in which they are incurred.

 

4.12Impairment in the value of non-financial assets

 

In order to evaluate the recoverable amount ofif any tangible andor intangible assets are impaired, Ecopetrol compares theits carrying amount with its recoverable amount at the end of each reporting period or earlier, if there is any indicator that an asset may be impaired.

 

In order to make anFor purposes of impairment analysis,testing, the assets are grouped into cash generating units (CGU), provided that those assets individually considered do not generate cash inflows that, to a greater extent, are independent from those generated by other assets or CGUs. The group of assets in different CGUs requires the exercise of professional judgment and the consideration, among other parameters, of the business segments. In this sense, in the segment of Exploration and Production segment, each CGU corresponds to each one of the different contractual areas commonly called “fields”; by exception, in those cases in whichwhere the cash inflows generated by several fields are interdependent onfrom each other, those fields are grouped into a single CGU. In the case of the Refining and Petrochemicals segment, the CGU´s correspondeach CGUs corresponds to each one of the refineries of the groupEcopetrol Business Group and for the segment of Transportation segment; each pipeline is taken as an independent CGU.

 

The recoverable amount of the asset is the higher amount of the fair value less costs of disposal or its value in use. If the recoverable amount of an asset (or of a CGU) is lower than its net carrying amount, such amount (or that of the CGU) is reduced to its recoverable amount, recognizing aan impairment loss for impairment of value in the resultsstatement of the period.profit or loss.

 

The fairFair value less costs of disposal will be greateris usually higher than the value in use for the asset’s in the production segment due to use of the value in use methodology has some significant restrictions included in the estimation of future cash flows, as the following:such as: a) future capital expenses that improve the CGU performance, which could result in expected increase of net cash flows, and b) items before taxes that reflect specific business risks, resulting onin a higher discount rate.. The recoverable amount of assets in the business segments is the highest between the fair value less costs of disposal and value in use.rate.

 

The fairFair value less costs of disposal is determined as the sum of the future discounted cash flows adjusted to the estimated risk. The estimations of expected future cash flows used in the evaluationassessment of impairment of the assets are made with projectionsinclude estimates of futures commodity prices, supply and demand estimations, and the margins of the products. In case

F-27

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of assets or cash generating units engaged in the evaluation and exploration of reserves, proved, probable and possible reserves are considered, with a risk factor associated to them also being considered.Colombian pesos, unless otherwise stated)

 

The calculations are verified withFair value less costs of disposal, as described above, is compared to valuation multiples and quoted prices of stockshares in companies comparable to Ecopetrol.Ecopetrol, in order to determine if it is reasonable.

 

Once aWhen an impairment loss for impairment of value has beenis recorded, future amortization expense isexpenses are calculated on the basis of the adjusted recoverable amount. Impairment losses may be reversedrecovered only if the reversalrecovery is related to a change in estimations used after theimpairment loss for impairment was recognized. These reversals shallrecoveries do not exceed the carrying amount of the assets net of depreciation or amortization that would have been determined if neither thesuch impairment had evernot been recognized, nor the recoverable amount on the date of assessment of the impairment.recognized.

 

 F-27

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

In the reclassification of any non-current asset to assets held-for-sale, theThe carrying amount of thesenon-current assets reclassified as assets held-for-sale is revisedcompared to its fair value less costs of disposal. No other provision for depreciation, depletion or amortization is recorded if the fair value less costs of disposalsale is lower than the carrying amount.

 

4.13Provisions and contingent liabilities

 

Provisions are recognized when Ecopetrol has a current obligation (legal or implied) as a result of a past event, it is probable that Ecopetrol will be required to settle the obligation, and a reliable estimation can be made of the amount of the obligation. Where applicable, they are recorded at present value, using a rate reflecting the liability specific risk.

 

DisbursementsFuture environmental decommissioning costs related to the conservation of the environment for current or future operations, are accounted for as expenses or assets, as the case may be. DisbursementsExpenditures related to past operations of the past that do not contribute to the obtaining of current or future income,benefits, are charged to expenses.expensed as incurred.

 

The creationrecognition of these provisions coincides with the identification of an obligation related to environmental remediation and Ecopetrol has adequateuses available information to determine a reasonable estimation of the related cost.

 

Contingent liabilitiesProvisions for which a negative outcome is assessed as possible are not recognized but are subject to disclosuredisclosed in the explanatory Notes whenever the outflow of resources is possible;notes; including those for which valuesthe amount cannot be estimated.

 

Whenever expectedIf there is an expectation that the provision iswill be reimbursed, either in whole or in part, for example by virtue of an insurance contract, the reimbursement isamounts expected to be reimbursed are recognized as a separate asset only in cases in whichwhen such reimbursement is almost certain. The expense corresponding to any provision is presented in the profit or loss statement in the line that best reflects the nature of the provision, net of any related reimbursement, to the extent that it is almost certain.

 

If the effect of the time value of money is significant, the provisions are discounted using the current market rate before taxes reflecting, as applicable, the liability specific risks. When recognizing the discount, the increase of the provision resulting from time elapsed is recognized as financial cost in the profit or loss statement.

 

Asset retirement obligation

 

Liabilities associated towith the retirement of assets are recognized when there are current obligations, either legal or implied, related to the abandonment and dismantling of wells, facilities, pipelines, buildings and equipment.

The obligation is usually acquiredrecorded when the assets are installed or the surface or the environment are altered at the operating sites. These liabilities are recognizedcalculated using the discounted cash flow method, at allusing a pre-tax rate before taxes reflecting current market evaluations of aconditions similar risk liabilityliabilities and considering the economic limits of the field or the useful life of the respective asset. When it is not possible to determine a reliable estimation in the period in which the obligation originates, a provision is recognized when there is sufficient information available to make the best estimation.

 

F-28

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

The carrying amount of the provision is reviewed and adjusted annually considering changes in the variablesassumptions used for its estimation, using a rate that reflects the liability specific risk. Any change in the present value of the estimated expenditure is reflected as an adjustment to the provision and the corresponding property, plant and equipment and natural and environmental resources. When a decrease in the asset retirement obligation related to a producing asset exceeds the carrying amount of the asset, the excess is recognisedrecognized the Consolidatedconsolidated statement of profit or loss. The financial cost of updating these liabilities is recognized in results for the period as financial expense.

 F-28

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

4.14Income tax and other taxes

 

Income tax expense is comprised of income tax payable for the period (including, income tax and income tax for equality - CREE, as appropriate) and the effect of deferred taxes in each period.

 

Current income taxes are recognized in income except when they relate to items recognized in other comprehensive income, in which case the corresponding tax effect is also recognized in equity.other comprehensive income. Income tax assets and liabilities are presented separately in the Consolidated Statementconsolidated statement of Financial Positionfinancial position except where there is a right of set-off within fiscal jurisdictions and an intention to settle such balances on a net basis.

 

4.14.1Current income tax

 

The CompanyGroup determines the provision for income tax based on the highest amount between taxable income and presumptive income (the minimum estimated amount of taxable profit on which the law expects to quantify and collect the income tax)taxes). Taxable income differs from profit before tax as reported in the consolidated statement of profit or loss, because of: items of income or expense that are taxable or deductible in other periods, special taxable deductions, tax losses and income and line items measured that, according to applicable tax laws in each jurisdiction, are considered nontaxable or nondeductible.

 

4.14.2Deferred income tax

 

Deferred tax is accounted for according toprovided using the liability method. Deferred tax assets and liabilities are recognizedmethod for future tax consequences attributable totemporary differences between the carrying amounts of existing assets and liabilities in the consolidated financial statements and their respective tax bases. A deferred tax liability is recognized for all taxable temporary differences. A deferred tax asset is recognized for all deductible temporary differences and for all accumulated tax losses, to be amortized, insofar asif there is a reasonable expectation that the CompanyGroup will havegenerate future tax profits withagainst which it may offset such temporary differences.they will be used.

 

Deferred taxes on assets and liabilities are calculated based on the tax rates that will be appliedare expected to taxable incomeapply during the years in which temporary differences between the carrying amounts and tax bases are expected to be reversed.

 

The carrying amount of a deferred tax asset is subject to review at the end of each reporting period and it is reduced to the extent it is estimatedno longer probable that there Group will not begenerate enough future taxable profit that allows the total or partial recovery of theto realize such deferred tax asset.

 

ConsolidatedIn the statement of financial position, deferred tax is calculatedassets are reflected net and as the sum of thean offset against deferred tax liabilities, depending on the overall tax position in a particular jurisdiction and on the individual financial statements of the companies of the Ecopetrol Business Group adjusted by deferred taxes on business combinations, inter-company transactions or other adjustments at a consolidated level.same taxable entity.

 

Deferred taxes are not recognized when they arise in the initial recognition of an asset or liability in a transaction (except in a business combination) and at the time of the transaction, does not affect the accounting or tax profit, or in respect of the taxes on the possible future distribution of accumulated profits of subsidiaries or investments accounted for by the equity method, if at the time of the distribution it may be controlled by Ecopetrol and it is probable that the retained earnings will be reinvested by the Group companies and, therefore, will not be distributed to Ecopetrol.

 

4.14.3F-29Other taxes

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

4.14.3Other taxes

 

The CompanyGroup recognizes in profit or loss the costs and expenses related to other taxes than the income tax, such as the wealth tax, which is determined based on the tax equity, the industry and commerce tax on income obtained in the municipalities for performance of commercial, industrial and service activities, and the transport tax on volumes loaded in the transport systems. Taxes are calculated in accordance with current tax regulations. For more details, see Note 10.

 

 F-29

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

4.15Employee benefits

 

Salaries and benefits for Ecopetrol staff are governed by the Colombian Collective Labor (Agreement 01 of 1977), and, by the Colombian Substantive Labor Code. In addition to the legally mandated benefits, employees are entitled to fringe benefits which are subject to the place of work, type of work, length of service, and basic salary. An annual interest of 12% is recognized on accumulated severance amounts for each employee, and the payment of compensationscompensation is provided for when special circumstances arise resulting in the non-voluntary termination of the contract, without justjustified cause, and in periods other than the probationary period.

 

Ecopetrol belonged to the special pension regime under which allowancespension liabilities are a Company’sEcopetrol’s responsibility and not a Pension Fund’spension fund’s responsibility. However, Law 797 of January 29, 2003 and Legislative Act 001 of 2005 determined that Ecopetrol will no longer belong to the said regime and that from thereonthat point on employees would be part of the General Pension Regime. Consequently, allowances forpension obligations related to employees pensioned until July 31, 2010 are still Ecopetrol’s responsibility. Likewise, these employeesEmployees are entitled to such pension bonus if they worked with Ecopetrol prior to January 29, 2003, but whose labor agreement expired without renewal before that date.

 

All labor benefits of employees who joined the CompanyEcopetrol before 1990 are Ecopetrol’s responsibility, without the involvement of any social security entity or institution. TheService cost of health services for the employee and his/her relatives registered with the CompanyGroup is determined by means of a mortality table, prepared based on facts occurring during the year.

 

For employees who joined Ecopetrol after the Company subsequent to the entry into effect of Act 50 of 1990 the Companywent in effect, Ecopetrol makes periodic contributions for severance payments, pensions and labor risks to the respective funds.

 

In 2008, Ecopetrol partially commuted the value corresponding to monthly pension payments from its pension liabilities, transferring such liabilities and their underlying amounts to pension-related autonomous equitiespension funds (PAP, for its acronym in Spanish). The funds transferred, and returns on those funds, cannot be redirected nor they can be returned to the CompanyGroup until all of the pension obligations have been fulfilled. The commuted obligation covers allowances and pension bonds payments; while health and education remains under the labor liability in charge of Ecopetrol.

 

Employee-benefits are divided into four groups comprised as follows:

 

a)Short-term employee benefits and post-employment defined benefitsbenefits:

 

Benefits to employees in the short term mainly correspond to those which payment will be made in the term of twelve months following the closing of the period in which the employees have rendered their services. These mainly include salaries, severance payments, vacation, bonuses and other benefits.

 

F-30

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Post-employment benefits of defined contributions correspond to the periodic payments for severance, pensions and labor risk payments that the CompanyGroup makes to the respective funds that assume these obligations in their entirety.

 

The above benefits are recognized as an expense with an associated liability after deducting any already paid amounts.

 

 F-30

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

b)Post-employment defined benefit plansplans:

 

In the defined benefits plan, the CompanyGroup provides the benefits agreed to current and former employees and assumes the actuarial and investment risks.

 

The following benefits are classified as long-term defined benefit plans recognized in the financial statements according to the calculations of an independent actuary:

 

·§Pensions
·§Pension bonds
·§Health
·§Educational plan
·§Retroactive severances

 

Liabilities recognized in the statement of financial position in respect of these benefit plans are the present value of the defined benefit obligation at the date of the statement of financial position, less the fair value of plan assets.

 

The defined benefit obligation is calculated annually by independent actuaries using the projected credit unit method, which takes into account employees’ years of service and, for pensions, average or final pensionable remuneration. This obligation is discounted at its present value using interest rates of high-quality government bonds denominated in the currency in which the benefits will be paid and of a duration consistent with the plan obligations.

 

These actuarial calculations involve several assumptions that could differ from the events that will effectively take place in the future. Said assumptions include the determination of the discount rate, future salary increases, mortality rates and future pension increase. Because of the complexity of the calculation, the underlying assumptions and long-term nature of these plans, the obligations for defined benefits are extremely sensitive to changes in assumptions. All key variablesassumptions are revised at the closeend of the reported period.

 

WhenIn determining the appropriate discount rate, in absence of a broad high quality bond market, Management considers interest rates corresponding to the class B TES bonds issued by the Colombian Government as its best reference, at an appropriate discount rate with maturities extrapolated in line with the term expected for each benefit plan. The mortality rate is based on the particular country’s rate, which latest version is the RV08 mortality table published in resolution 1555 of October 2010. The future salary and pension increases are linked to the country's future inflation rates. Note 22 - Provisions for employee benefits provides further details on key assumptions used.

 

The amounts recognized in the consolidated statement of profit or loss related to employees defined benefit plans are comprised mainly by service cost and the net interest.financial expense. Service cost includes mainly the increase in present value of the benefit obligation during the period (current service cost) and the amount resulting from a new benefit plan. Plan amendments corresponds to changes in benefits and are usually recognized when all legal and regulatory approvals have been obtained and the effects have been conveyed to the employees involved. The net interestfinancial expense is calculated using the net liability for defined benefits as compared with the yield curve of the discount rate at the beginning of each year for each plan. The net defined benefit liability or asset resulting from actuarial profits and losses, the asset ceiling effect and the asset profitability, excluding the value of recognized in the consolidated statement of profit or loss, are recognized in other comprehensive income.

 

F-31

There is no service cost for

Ecopetrol S.A.

Notes to the pension planconsolidated financial statements

(Figures expressed in millions of employees because in their capacity as pensioners there is no service time to which the pension benefit can be charged; in other words, the benefit is 100% cost and is not in the cumulative stage.Colombian pesos, unless otherwise stated)

 

When the plan assets exceed the gross obligation, the recognized asset is limited to the lower of the surplus in the defined benefits plan and the ceiling of assets determined using a discount rate based on Colombian Government bonds.

 

 F-31

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

c)(a)Other long term benefits

 

Other long-term benefit is the five-year term bonus which also considered in the actuarial calculation. This benefit is a cash bond that accumulates annually and is paid every five years to employees. The CompanyGroup recognizes in the consolidated statement of profit or loss the service cost, the net financial cost and the adjustment to the obligation of the defined benefit plan.

 

d)(b)Termination benefits

 

Termination benefits are recognized only when a detailed plan exists for such process and there is no possibility to withdraw the offer. The CompanyGroup recognizes a liability and an expense for termination benefits at the earliest date between the date when the offer of such benefits cannot be withdrawn and the date when the restructuring costs are recognized.

 

4.16Sales revenue recognition

 

Sales revenue from crude oil and natural gas sales is recognized at the time of transfer of title to the buyer, including risks and rewards of ownership. In the case of refined and petrochemical products, sales revenue is recognized when products are shipped by the refinery and subsequently adjusted in accordance with price changes when dealing with regulated price products.products, as explained bellow. Sales revenue from transportation services is recognized when products are transported and delivered to the buyer in accordance with salecontractual terms. In all other cases, sales revenue is recognized at the time it is earned and a true, probable and quantifiable right to demand its payment arises.

 

Under current regulations, Ecopetrol and Refinería de Cartagena S.A., sell regular gasoline and mid-distillates at a regulated price.

 

In accordance with Decree 1068 of 2015, the Ministry of Mines and Energy calculates semi-annuallysemiannually and settles Ecopetrol’s net position to be stabilized for each fuel by the Fuel Price Stabilization Fund (FEPC, for its acronym in Spanish). The net position is calculated by adding all differentials throughout the six-month period and the result is an amount in Colombian pesos in favor of the Company and chargeable to the FEPC. The differentialbe settled is calculated as the volume reported bysold during the Company at the time of salecorresponding period multiplied by the difference between the international parity price and the regulated price.reference price actually charged. The net position is calculated by adding all differentials throughout the six month period in Colombian pesos in favor of the Group and chargeable to the FEPC. The international parity price is the daily price of gasoline and diesel oil of the respective month in Colombian pesos, indexed to the United States of America Gulf market price, calculated in accordance with Resolution 18 0522 of 2010 and2010. The reference price is the Producer Price reference definedprice per gallon fixed by the Ministry of Energy and Mines, and Energy.at which refiners or importers sell gasoline or diesel to the national market. Therefore, this difference represents a higher or lower value of sale sales revenues for Ecopetrol S.A. andRefinería de Cartagena S.A.

4.17Costs and expenses

 

Costs and expenses are presented according to their nature; they are detailed in the related disclosures in cost of sales, and administrative, operating, projects and other associated expenses.

 

F-32

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

4.18FinancialFinance income (expenses)

 

The financialFinance income and expenses include mainly: a) cost of interestborrowings costs on loans and financing, except for those that are capitalized as part of theon qualifying asset, cost, b) valuation of profitsgains and losses on changes in fair value of financial instruments measured at fair value with changes inthrough profit or loss, c) currency exchange differences of financial assets and liabilities, except for debt instruments designated as hedging instruments, d) interest expenses for financial updatingas a result of long termdiscounting long-term liabilities (abandonment costs and pension liabilities), e) dividends derived from equity instruments measured at fair value with changes in other comprehensive income.

 F-32

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

4.19Information by business segment

 

Ecopetrol presents the respective disclosures relative to its business segments in its consolidated financial statements in accordance with paragraph 4 of IFRS 8 - Operation segments.

 

The operation of the Ecopetrol Business Group is performed through three business segments: 1) Exploration and production,Production, 2) Transport and logistics,Logistics, and 3) Refining, petrochemicalPetrochemical and biofuels.Biofuels. This segmentation is based on management of objectives and corporate strategic plan, considering that these businesses: (a) are engaged in differential commercial activities, which generate sales revenuesrevenue and incur costs and expenses; (b) the operational results are revised regularly by the Group's Governance that makes operational decisions to allocate resources to the various segments and assess their performance; and (c) there is differentiated financial information available. Internal transfers represent sales to inter-company segments and are registered and presented at market prices.

 

1)a)Exploration and production.: This segment includes activities related to the exploration and production of oil and gas. Sales revenues are derived from sales of oil and natural gas at market prices to other segments and to third parties (domestic and foreign distributors). Costs include costs incurred in production. Expenses include all exploration costs that are not capitalized.

 

2)b)Transport and logistics-Logistics:This segment includes sales revenuesrevenue and costs associated with the transport and distribution of hydrocarbons, derivatives and products operation.

 

3)c)Refining and petrochemicals-Petrochemicals:This segment mainly includes activities performed at the Barrancabermeja and Cartagena refineries, where crude from production fields is transformed. The sales revenuesrevenue from products are realized to other segments and domestic and foreign customers and include refined and petrochemical products at market prices and some fuels at regulated price. This segment also includes industrial service sales to customers.

 

See figures of the information by segments in Note 33.

 F-33 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

5.New accounting standards and regulatory changes

Ecopetrol adopted for the first time the following amendments to the IFRS issued by the IASB, applicable for the period covered by this report:

§Amendments to IAS 7 statement of cash flows - Disclosure initiative: requires entities to disclose changes in their liabilities arising from financing activities, including those arising from cash and non-cash flows (including, among others, the effect of fluctuations in the Colombian peso-U.S. dollar exchange rate). The adoption of the amendments to IAS 7 had no impact on the amounts recognized in the financial statements. The Group provides the information for the current period and the comparative period, required by the IASBthis standard in Note 20 - Loans and borrowings.

 

The following rules, interpretationsaccounting standards will become effective in future periods and amendments issued by the IASB are applicable to yearly periods commencing on January 1, 2017being implemented and thereon:/or assessed:

 

-§IFRS 9 "Financial Instruments" gathers all the phases of the financial instruments project and will replaceinstruments" replaced IAS 39 "Financial Instruments: Recognition and Measurement"; it is effective and entered into force for annual periods startingbeginning on January 1, 2018. IFRS 9 introduces new requirementsincludes standards on: 1) the classification and measurement of classification, measurement,financial assets and liabilities, 2) impairment derecognitionof financial assets, and 3) hedge accounting. This standard does not require retroactive application or modify comparative information.Ecopetrol will apply these standards on their effective date.

In relation to classification and measurement, the Group made and assessment on its financial assets and liabilities and concluded that: a) the valuation of financial assets and liabilities measured at amortized cost is consistent with the Group’s business model, which seeks to pay or receive cash flows at a certain moment; b) the amortized cost valuation method does not apply to short-term accounts payable and receivables, as they do not have an associated interest rate and their settlement is less than one year; and c) investment portfolios and financial derivatives continue to be measured at fair value with changes in fair value through profit or loss, in compliance with their function within the Group’s business model.

Based on the aforementioned evaluations, the current classification of the Group's financial instruments is consistent with its business model and no significant change to the current accounting is expected.

With respect to the impairment assessment model applied to financial assets valued at amortized cost, Management believes that the adoption of IFRS 9 will not result in any impact, taking into account processes executed to monitor credit risk, knowledge prior to the financial situation of the counterparties with which transactions are made, and the quality of the portfolio.

Finally, with respect to the hedging accounting model, as an accounting policy, the Group decided to continue applying the guidance of IAS 39 for existing operations. Should Ecopetrol decide to establish new hedges, the requirements of IFRS 9 will be assessed to establish the relationship of those hedges to and their alignment with risk management objectives, as well as the qualitative and quantitative components to be considered for effectiveness of the assessment.

 

-§IFRS 15 "Sales revenues"Revenue from Ordinary Activitiesordinary activities in Contractscontracts with Customers" and its amendments providecustomers" provides a five-step model to measure sales revenues derivedaccount revenue arising from contracts with customers. In accordance withcustomers, focusing on the identification and fulfillment of performance obligations. IFRS 15 replaces IAS 18 "Revenue" and is effective for annual periods beginning on or after January 1, 2018. According to the salesnew standard, revenues are recognized when performance obligations are satisfied and there is no indication that the price or variable consideration are not measurable or realizable. Likewise, the recognition of revenue is recognized asobserved when the client obtains control of the goods or services offered in an amount reflectingthat reflects the offsettingconsideration that anthe entity expects to be entitled toreceive in exchange for transferringthose goods or services to a customer.services. The principlesstandard also contains presentation and disclosure requirements that are more detailed than those defined by IAS 18, which represents an increase in the volume of IFRS 15 suppose a more structured approach to value and register sales revenues. A full or partial retroactive application isdisclosures required for periods commencing on January 1, 2018. The Company plans to adoptin the new standard by using the modified retrospective method and keeps assessing its impact on the consolidated financial statements.

 

F-34

This

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

The Ecopetrol Business Group will apply this standard on January 1, 2018, using the modified retrospective method, which allows adjusting the calculated impacts within equity, at the date of initial application, without adjusting the comparative years. Management estimates that the adoption of the new standard is applicablewill not have a material effect; nevertheless, the adoption will required the implementation of new internal controls, changes in accounting procedures and policies to all entitiesallow documentation on the adoption of the standard and will derogate all previous standardsits future application.

During the process of implementing IFRS 15, sources of ordinary income were assessed, considering the identification of contracts with customers, performance obligations, the determination of transaction prices, the association of prices with performance obligations, and the recognition of income when such obligations are fulfilled. The analysis included the following aspects by segment:

Exploration and production: Revenues in this segment correspond to the sale of oil and natural gas. The Group assessed the following: agreements with partners in joint operations, long-term contracts, over and underlifting, production, royalties, role of principal and agent, purchase and sale agreements, take-or-pay agreements and variable price components. No significant impacts were identified for the recognition, measurement or presentation of revenue in this segment.

The Group assessed whether the operating partner in a joint operation can have a contract with another non-operator partner to market and sell the non-operator product to a third party. The analysis included whether one of the parties acts as principal or agent in the agreement. The operator evaluates whether it records gross income based on salestotal production or net income based on its net operating interest. The non-operator evaluates the moment of revenue recognition. The Ecopetrol Business Group does not maintain significant agreements with non-operating partners whereby it assumes the role of agent.

Transport and Logistics: Revenues in this segment correspond to the income from transport, storage and wholesale commercialization of crude or refined products derived from petroleum either by pipeline, rail, barge or truck. Pipelines and other transportation systems can be used to move crude oil from production sites to refineries and deliver the various refined products to fuel distributors. The main aspects evaluated are ship or pay and ship and pay contracts, variable price components and deposit agreements. The Ecopetrol Business Group has evaluated the performance obligations established in the provision of service, noting that there are no conditions with effects on the variable price related to volumetric adjustments or other contractual conditions that prevent recognition of income.

Take-or-pay contracts: Commodity sales contracts and some firm storage and transportation contracts can be structured as more complex purchase or minimum payment contracts, which specify minimum quantities of product that a customer will pay, even if they choose not to receive or use them. The quantities of products that a customer chooses not to take or use in the specified delivery period are called "deficient quantities."

No significant impacts were identified for recognition, measurement or reporting of revenue for this segment.

F-35

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Refining, Petrochemicals and Biofuels: Revenues in these segments correspond to the refining of oil, the processing and purification of natural gas, and the production of petrochemicals and biofuels. The main aspects assessed are long-term contracts, variable price components, non-monetary agreements, discounts, financing components and refinery network deliveries. No significant impacts were identified for the recognition, measurement or reporting of revenue for this segment.

For each of these segments, income is recognized when the goods or services have been delivered to customers at the established delivery points (when the performance obligation is fulfilled), whereby the transfer of the goods takes place and the risks associated with the products have been accepted by customers.

Regarding the agent and principal structure, as part of the process of selling products or services, the Ecopetrol Business Group enters into contracts to acquire, on behalf of the customer, other products or provide services. Under these contracts, the Ecopetrol Business Group is considered as the entity responsible for fulfilling the specific performance obligation. In some cases an inventory risk is not maintained before or after having sold the good or rendered the service. The Ecopetrol Business Group has assessed the impact on recognition in both cases and does not expect significant effects in the adoption of the new standard.

As a result of the analysis of these segments, it was concluded that: a) for contracts with several performance obligations, the Group concluded that such contracts are interdependent; therefore, the prices assigned are not independent and the application of a pricing methodology was not required; b) the Ecopetrol Business Group acts as principal in its transactions where it controls assets before transferring them to a client; c) the Group recognizes variable considerations in transaction prices unless they cannot be reliably measured, in which case the recognition is deferred until the uncertainty is resolved; d) the product's method is used by the Group to recognize income from long-term contracts with partial deliveries of goods; e) no effects associated with contract costs were identified when they were recognized in the accounting period and capitalization of the costs is not required; and, f) non-monetary agreements are recognized at fair value.

 

-§IFRS 16 "Leases", provides a new model for a lessee's accounting, according to which all leases, other than those of short-term and with small amounts, will be recognized in the balance sheet, as an asset (right of use) and a liability (financial lease) and in the statement of profit or loss, the respective amortization of the right of use during the term of the lease. IFRS 16 will be effective as offor annual periods beginning on or after January 1, 2019, with limited possibilities for early implementation. It providesIFRS 16 replaces the current IAS 17 "Leases" and IFRIC 4 "Determination of whether an agreement contains a comprehensible model for identification of lease agreements and their treatment in the financial statements, both of lessees and lessors. Oil and gas companies must recognize more assets and liabilities, derived mostly from rental of construction equipment and offices.lease".

IFRS 16 "Leases" contains a new model for the identification of leases and their treatment in the financial statements for lessees. As a result of its implementation, oil and gas companies could recognize more assets and liabilities, mainly derived from the rental of drilling equipment and offices.

Ecopetrol has completed its initial assessment and started an action plan for its implementation. The Group will continue to perform a more detailed analysis of the potential impact on the financial statements from the adoption of IFRS 16 and does not expect to adopt it in advance.

F-36

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

-§Amendments to IFRS 10 and IAS 28: Asset sale or contribution between the investor and its associates or joint ventures. The amendments address the conflict between I FRS 10 and IAS 28 as to the treatment of control loss of a subsidiary that is sold or contributed to an associate or joint venture. The amendments clarify that the gain or loss resulting from the asset sale or contribution that is a business, as defined in IFRS 3, between the investor and its associate or joint venture, is recognized in its entirety. Any gain or loss resulting from an asset sale or contribution that is not a business; however,venture.

The amendments address the conflict between IFRS 10 and IAS 28 as to the treatment of control loss of a subsidiary that is sold or contributed to an associate or joint venture. The amendments clarify that the gain or loss resulting from the asset sale or contribution that constitutes a business, as defined in IFRS 3, between the investor and its associate or joint venture, is recognized in its entirety. However, any gain or loss resulting from an asset sale or contribution that is not a business, is recognized only up to the interests of investors who are not related to the associate or joint venture. The IASB has deferred the effective date of these amendments indefinitely, but an entity that early adopts it must apply them prospectively.

§Annual Improvements to IFRS Standards 2014-2016 cycle: Modifications to the interests of investors who are not related to the associate or joint venture. The effective date is still to be defined by the IASB.following standards:

 

-AmendmentsIFRS 12: The interpretation clarifies the scope of the standard by specifying that disclosure requirements in the standard, except those listed in paragraphs B10 to IAS 12:RecognitionB16, apply to the interests of Assetsan entity listed in paragraph 5 (subsidiaries, joint arrangements, associates and non-consolidated structured entities), which are classified as held for Deferred Taxessale or discontinued operations in accordance with IFRS 5.

-IFRIC 22 Transactions in foreign currency and early consideration: The interpretation deals with transactions in foreign currency where:

§There is a consideration that is denominated in foreign currency;
§The entity recognizes an asset for Unrealized Losses. These amendments clarify howearly payment or a deferred tax liability with respect to register assetssuch consideration, before the recognition of the related asset, expense or income; and
§The asset for said advance or deferred taxes corresponding to debt instruments measured at fair value. This ruletax liability is effective for annual periods commencing on January 1, 2017.not monetary.

 

Ecopetrol is not expecting to adoptThe Interpretations Committee reached the aforementioned standards before their date of implementation. The impact from these standards is being evaluated by Company Management, particularly IFRS 16, which could affect the recognition of assets and liabilities in the financial situation statement, as well as the recognition of lease charges in the profit or loss of the period.following conclusions:

 

§The date of the transaction, in order to determine the exchange rate, is the date of the initial recognition of the non-monetary advance or deferred tax liability.
§If there are several payments received in advance, a transaction date is established for each payment.

There

These new accounting policies are no new or amended standards or interpretation adopted in 2016 that had a material impactsubject to change until the Group presents its first financial statements on the consolidated financial statements.initial application date.

 

  F-34F-37 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

6.Cash and cash equivalents

 

The balance of cashCash and cash equivalents atdetails as of December 31, 2017 and 2016 and 2015 is comprised as follows:

 

 2016  2015  2017  2016 
Banks and corporations  3,319,465   4,483,900 
Banks  5,484,981   3,319,465 
Short-term investments  5,090,048   2,065,731   2,459,438   5,090,048 
Cash  954   819   1,466   954 
  8,410,467   6,550,450   7,945,885   8,410,467 

 

As of December 31, 2017, cash and cash equivalents balance included COP $ 96,758 and COP $ 114,206 as of December 31, 2016, it includesof restricted cash for COP$114,206 (2015 - COP$108,348), intendedto be used exclusively for the exclusive payment of loans principal and interest on loans contractedobtained by Oleoducto Bicentenario and Oleoducto de los Llanos. The use of short-term financial investments depends on the liquidity requirementsneeds of the Company.Group.

 

The fair value of cash and cash equivalents approximates their carrying amountbook value due to their short-term nature and their high liquidity.nature.

 

The average return on cash and cash equivalents as offor the year ended December 31, 20162017 was 3.5% (2015approximately 4.2% (2016 - 2.6%3.5%).

The following table reflects the credit quality of issuers and counterpartiesof investments included in transactions involving cash and cash equivalents is describedequivalents:

Rating 2017  2016 
AAA  2,807,170   3,198,394 
A1  2,922,714   1,466,015 
BRC1 +  1,152,593   312,290 
F1  896,231   545,872 
Aa3  99,029   - 
Aa2  27,868   - 
A-2  27,350   - 
No rating available  12,750   67,185 
F2  180   409,717 
A1+  -   73,470 
F1+  -   2,188,471 
Prime-2  -   78,989 
F3  -   37,172 
Prime-3  -   32,748 
B  -   144 
   7,945,885   8,410,467 

See credit risk policy in Note 31.3 – Credit risk.30.3.

F-38

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

7.Trade and other receivables, net

 

The balance of trade and other receivables, net of provisionallowance for doubtful accounts, is comprised as follows atas of December 31, 20162017 and 2015:2016:

 

 2016  2015  2017  2016 
Current                
Customers                
Foreign  1,366,322   1,126,511   2,052,829   1,366,322 
Domestic  1,180,577   1,731,547   1,533,058   1,180,577 
Fuel price stabilization fund (1)  1,203,811   155,789   2,256,312   1,203,811 
Related parties (Note 32)  97,730   64,724 
Related parties (Note 31)  23,013   97,730 
Industrial services  60,025   34,987   26,223   60,025 
Employee loans (2)  42,407   50,667 
Accounts receivable from employees (2)  34,461   42,407 
Other  261,829   263,187   173,022   261,829 
Total current  4,212,701   3,427,412 
  6,098,918   4,212,701 
                
Non-current                
Employee loans (2)  425,468   432,450 
Related parties (Note 32)  170,121   - 
Accounts receivable from employees (2)  484,504   425,468 
Related parties (Note 31)  154,810   170,121 
Fuel price stabilization fund (1)  77,510   77,510   77,510   77,510 
Other  56,311   74,611   60,308   56,311 
Total non-current  729,410   584,571 
  777,132   729,410 

 

(1)Accounts receivable from the Ministry of Finance and Public Credit, arising from the differences between the international parity price of regular motor gasoline and diesel price differentials pursuant toand the prices charged by the Group, in accordance with Resolution 180522 issued on March 29, 2010.2010, as amended. The Ministry of Finance and Public Credit makesactually settles the payment based on the resolution for the net liquidation position in favor of Ecopetrol of receivables for months with pending payments.During the month of March 2017, the Company received COP$542,718 of this amount.payments.

 

(2)TheEcopetrol transferred the administration, management and control of loans granted to employees by Ecopetrol were transferred to Cavipetrol (“Corporación de los trabajadores de la Empresa Colombiana de Petróleos Ecopetrol S.A."), which manages the details per employee of such loans and their related conditions..

 F-35

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

The following shows the changes in the allowance for doubtful accounts related to tradefor the year ended December 31, 2017 and other receivables, provisioned in full, at December 31:2016:

 

 2016  2015  2017  2016 
Opening balance  160,406   245,114   144,329   160,406 
Additions (recovery) of allowances  19,438   (74,378)
Additions of allowances, net  35,229   19,438 
Accounts receivable write-off and uses  (35,515)  (10,330)  (9,542)  (35,515)
Closing balance  144,329   160,406   170,016   144,329 

 

8.Inventories, net

 

The balance of Inventories,inventories, net of a provision atallowance for losses, as of December 31, 2017 and 2016 and 2015 is comprised as follows:

 

 2016  2015  2017  2016 
Crude  1,557,267   1,007,275 
Crude oil  1,836,363   1,557,267 
Fuels and petrochemicals  1,270,870   1,487,217   1,481,777   1,270,870 
Materials for the production of goods  1,013,764   563,466   1,283,256   1,013,764 
Total  3,841,901   3,057,958 
  4,601,396   3,841,901 

F-39

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

The following shows a breakdownis the changes of the changes inallowance for losses, for the provisions for inventories:years ended December 31, 2017 and 2016:

 

  2016  2015 
Opening balance  198,539   151,997 
Additions (recoveries), net  41,957   53,205 
Foreign currency translation  50,053   13,670 
Uses  (25,114)  (20,333)
Closing balance  265,435   198,539 

 F-36

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

  2017  2016 
Opening balance  265,435   198,539 
Additions  9,134   41,957 
Foreign currency translation  (4,266)  50,053 
Uses  (75,796)  (25,114)
Closing balance  194,507   265,435 

 

9.Other financial assets

 

The balance of other financial assets atas of December 31, 2017 and 2016 and 2015 is comprised as follows:

 

      2017  2016 
 2016  2015      
Assets measured at fair value through profit or loss                
Investment portfolio – Local currency  2,519,311   385,992 
Investment portfolio – Foreign currency  4,116,987   1,189,667 
Investment Portfolio - Local currency  3,310,338   2,519,311 
Investment Portfolio - Foreign currency  3,194,287   4,116,987 
  6,636,298   1,575,659   6,504,625   6,636,298 
Assets measured at amortized cost  4,152   9,364   3,636   4,152 
Hedging instruments  46,445   356   25,464   46,445 
Total  6,686,895   1,585,379   6,533,725   6,686,895 
                
Current  5,315,537   329,227   2,967,878   5,315,537 
Non-current  1,371,358   1,256,152   3,565,847   1,371,358 
  6,686,895   1,585,379   6,533,725   6,686,895 

 

The average return on investmentsof the investment portfolio in Colombian pesos and USU.S. dollars portfolio was 7.4% (2016- 8.1% (2015 - 5.5%) and 0.8% (20151.1% (2016 - 0.5%0.8%), respectively. The credit quality of issuers and counterparties in transactions involving the other financial assets is described in Note 31.3 – Credit risk.

 

TheChanges in fair value measured isare recognized againstin financial result (see note 30)(Note 29).

 

9.1Restrictions

 

As of December 31, 2017 and 2016, there were no resource of the investment portfolio was restricted. As of December 31, 2015, COP$699,832 related to the Santiago de las Atalayas process were restricted.with a restricted use.

 

On November 6, 2016, through the Ministries of Mines and Energy and Finance and Public Credit, the termination of Ecopetrol's condition as sequester status in the process forof nullity and re-establishment of rights filed against the Comuneros de Santiago de las Atalayas was confirmed. In view of the foregoing, the restricted resourcesassets related to this case belong towere released Ecopetrol (see Note 23.3 - Provisions and contingencies,– Comuneros – Santiago de las Atalayas provisions, for further information).

 

9.2Maturity

 

The following are the maturities of other financial assets atas of December 31, 20162017 and 2015:2016:

 

 2016  2015  2017  2016 
Up to 1 year  5,315,537   329,227   2,967,878   5,315,537 
1 - 2 years  838,786   739,337 
2 - 5 years  497,204   470,375 
1-2 years  1,588,145   838,786 
2-5 years  1,817,558   497,204 
> 5 years  35,368   46,440   160,144   35,368 
  6,686,895   1,585,379   6,533,725   6,686,895 

F-40

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

9.3Fair value

 

The classificationfollowing is the balance of other financial assets atby fair value corresponding to the investment portfolio ishierarchy level as follows atof December 31, 20162017 and 2015:2016:

 

  2016  2015 
Level 1  25,066   975,262 
Level 2  6,611,232   600,397 
   6,636,298   1,575,659 

 F-37

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

  2017  2016 
Level 1  317,912   25,066 
Level 2  6,186,713   6,611,232 
   6,504,625   6,636,298 

 

There were no transfers between hierarchy levels duringfor the years 2016ended December 31, 2017 and 2015.2016.

 

The securities comprising Ecopetrol's portfolio are valued on a daily basis pursuantaccording to the provisionsinstructions issued by the Financial Superintendence of Colombia. To this end, the Company uses the information provided by theauthorized entities authorized for this purpose,is used, which collectincludes data from active markets. For cases in which market data is not available, other directly or indirectly observable data is used.

 

For U.S. dollar-denominated investments, thefair value is based on information provider isreleased by Bloomberg while for investments denominated in Colombian pesos, fair value is provided by Infovalmer, an entity authorized by the Financial Superintendence of Colombia.Colombia to provide this service.

 

ForWithin the investment hierarchy process, of establishing levels of the fair value for investments, in addition to the information used for the valuation, other relevant aspects are also taken into account, such as the issuerissuer’s rating, investment rating, and issuerthe risk analysis of the issuer performed by Ecopetrol, thus makingwhich makes it possible to establish the appropriate hierarchy level for investments.

9.4Credit rating

The following table reflects the credit quality of the issuers of other financial assets measured at fair value through profit or loss:

Rating 2017  2016 
AAA  3,175,727   1,858,665 
A1  1,149,606   3,060,660 
AA+  1,067,989   50,192 
BBB-  378,939   - 
A  300,179   - 
AA-  233,668   3,730 
A+  175,767   - 
BBB  21,835   - 
AA  -   5,289 
F1+  -   1,636,039 
No rating available  915   21,723 
   6,504,625   6,636,298 

See credit risk policy in Note 30.3.

F-41

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

10.Taxes

 

10.1Current tax assets and tax liabilities

 

The balance at December 31, 2016 and 2015 of current tax assets and tax liabilities as of December 31, 2017 and 2016 is comprised as follows:

 

     
 2016  2015  2017  2016 
Current tax assets                
Income tax  308,868   3,403,190 
Credit tax balance (1)  598,140   1,098,544 
Income tax (1)  165,437   308,868 
Credit tax balance (2)  234,410   598,140 
Other taxes  222,090   -   225,527   222,090 
Total  1,129,098   4,501,734   625,374   1,129,098 
                
        
Current tax liabilities                
Income tax  1,478,294   2,120,398 
National tax on gasoline and surtax on gasoline  324,402   314,723 
Other taxes (2)  328,244   368,438 
Income tax (1)  1,305,011   1,478,294 
National tax and surcharge on gasoline  136,706   324,402 
Carbon tax  51,383   - 
Other taxes (3)  512,588   328,244 
Total  2,130,940   2,803,559   2,005,688   2,130,940 

 

(1)Consists primarilyCorresponds to the resulting value after subtracting advanced tax payments, favorable balances and advance payments settled in the previous year's statement. The main variation compared to the previous period corresponds to the decrease in non-deductible expenses, and the effects of VAT balance in favor.the tax reform on issues such as depreciation and exchange difference.

 

(2)Consists primarily ofIncludes mainly the value added tax (VAT) receivable balance.

(3)Mainly includes VAT payable balances and industry and commerce tax payable.tax.

Income tax asset is related with prepayments made by the group companies which cannot be offset with the income tax liability because they are generated by different companies.

 

10.2Income tax

 

The currentIn accordance with Law 1819/2016 (Tax Reform), the tax regulationsregulation applicable to Ecopetrolin Colombia for the 2017 taxable year 2016 establish that:and subsequent years is as follows:

 

(a)a)AsThe income tax rate will be 34% for the taxable year 2017 and 33% for the taxable year 2018 and subsequently.

b)A surtax was established on income tax for 2017 and 2018, of 6% and 4%, respectively, which is applicable when taxable income exceeds COP$800 million.

c)Companies located in a free trade zone are taxed at a rate of 20%. If the Group located in a free trade zone has a Legal Stability Contract (hereinafter CEJ, for its acronym in Spanish), the income tax rate will continue to be 15% during the term of the said contract. This applies to Reficar, Bioenergy Zona Franca and Comai.

d)Presumptive income will be calculated by applying a 3.5% rate to the liquid equity balance of the immediately preceding year. For entities that have a CEJ, the stabilized rate for the calculation of presumptive income will continue to 3%, during the term of the contract.

e)For fiscal year 2017, the Ecopetrol Business Group has companies that are subject to a 40% income tax rate, companies in Free Trade Zones that are subject to a 15% income tax rate (which have CEJ) and 20% income tax rate, and other entities that are subject to statutory income tax rates in the country where they are incorporated.

F-42

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

f)Aligns the tax depreciation systems to accounting depreciation and establishes a limit to the annual depreciation deductible amount based on the table established in the tax reform. Tax amortization of oil and gas investments is calculated based on the technical production unit method which is aligned with accounting amortization.

g)The cost of acquisition of exploration rights, G & G, exploratory drilling, etc., is capitalized for tax purposes until the technical and commercial feasibility of extracting the resource is achieved.

h)Accumulated tax loss balance generated starting January 1, 2017 can be offset with the liquid income generated over the following 12 years (unlimited for those with CEJ).

i)For the period January 1, 2013 untilthrough December 31, 2016, taxable income in Colombia is taxed atwas subject to a 25% on account of income tax plusrate with an additional 9% asrelated to the surtax on income tax for equality-CREE,equality "CREE", excluding tax payers who, based on specific provisions are subject toan express provision manage special rates, and a 10% capital gains tax; therate on income from occasional profits; 15% income tax rate for companies in the free trade zone pay, 15%; and those not generating net income or whose net taxable income that isor with net taxable income lower than the presumptive rate declare over presumptive income at 3% rate on equity at beginning of the year.equity.

 F-38

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

On December 23, 2014, through Law 1739, a surtax on income for equality - CREE was established for the years 2015, 2016, 2017 and 2018, which is applicable for taxpayersentities with taxable baseincome above COP$800 million, at rates of 5%, 6%, 8% and 9% per year, respectively.

 

For taxable year 2016, the Ecopetrol Business Group hashad companies that measure taxes at the ordinarysubject to a 40% income tax rate, of 40%. Companiescompanies in free trade zones are subject to a 15% and 20% income tax at 15%,rate, and other entities that were subject to statutory income tax rates in the country where they are incorporated, and some haveother entities that pay taxes under presumptive taxable income calculated based on presumptive income, as explained above, and others with foreign income are taxed at the respective foreign income tax rates.in Colombia.

 

(b)j)Regarding to current expense for income tax, asAs of December 31, 2017 and 2016, Refinería de Cartagena, Bioenergy, and 2015, Bioenergy S.A.Ecopetrol Costa Afuera S.A.S., Bionergy Zona Franca and the Cartagena Refinery are companies that are part of the Ecopetrol Group and presentsubsidiaries, have accrued accumulated tax losses carryforwardsthat can be offset with a net valuefuture taxable income of COP$3,384,3464,288,957 and COP$1,524,148, 3,352,216, respectively, originated between 2009 and 2016. In accordance with2017. As per current tax rules,legislation, accumulated tax losses incurred from theaccrued starting fiscal year 2007 can be offset, or tax adjusted, at any time, with future netagainst taxable income without limitation. Corporationprejudice of the periods in which the entity was subject to the presumptive income regime. Accumulated tax losses will notcannot be transferred to the partners.its shareholders. However, in accordance with articlewithArticle 290 of Law 1819 of 2016, the unused accumulated tax losses accumulated up tothrough December 21,31, 2016, which have not beencan be offset are subject for offsetting to the application ofbased on a formula contained in saidthat article.

 

The impactAs of December 31, 2017, deferred tax assets related to unused accumulated tax losses, which do not expire, amounted to COP$611,766 attributable to the Refinería de Cartagena. Such deferred tax assets were calculated based on COP$4,078,439 of accumulated income tax losses. The recognition of this deferred tax is based on the refinery's operational stability of the refinery presented in 2017, the projection of margins and the optimization of costs.

The assessment of the accumulated tax losses related to companies Ecopetrol Costa Afuera S.A.S., Bioenergy and Bioenergy Zona Franca with respect to deferred tax is mentioned in this Notenote under the chapter titled "Deferred Tax on Income"Income Tax".

 

Effective for the year 2015, inIn accordance with that provided for in Law 1739 of December 2014, tax losses and minimal CREE base surplus can be offset with future income originated in the income tax for equality - CREE, considering the same rules set out for income and supplementary taxes.In accordance with articleArticle 290 of Law 1819 of 2016, the unused presumptive income surplus and minimal base surplus generated before 2017 on income tax and CREE that have not been offset, are subject for offsetting to the application ofcan be used based on a formula contained in said articleArticle and subject to the termterms established in articleArticle 189 of the Tax Code.

 

F-43

The

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian government issued Law 1819 of 2016 (Structural Tax Reform), whereby it is established that companies can offset tax losses originated on or after 2017 with ordinary net income to be obtained in the next twelve (12) taxable periods. Reficar and Bioenergy ZF, as they entered into a legal stability agreement that included offsetting tax losses, do not have time limits and are not subject to this restriction insofar as the contract is still in force.pesos, unless otherwise stated)

 

Statute of limitationlimitations of review offor tax returns

 

Tax returns may be reviewed by the tax authorities within the next 5 years following the filing date and/or amendment, considering thatif the returns reflected tax losses.

 

According to law 1819As of the general rule extended from 2 to 3 yearsyear 2017, the statute of limitation oflimitations covering tax returns. Tax returns extemporarily filed will have a 3 year statute of limitations from the day the tax return was filed. The statute of limitations for income tax returns subject to the transfer pricing regime is 6 years. Tax returns with balances in favor, the statute of limitation will be 3 years starting fromas of the date of expiration or as of the filing date, when these have been filed extemporaneously. With respect to transfer pricing, the offsetstatute of limitations will be 6 years.

With respect to tax returns with favorable balances, the statute of limitations will be 3 years as of the filing date of the request for devolution or refund request is filed. Taxoffsetting.

With regard to tax returns in which tax losses are originated,offset, these will have abe considered determined after 6 years counted as of their filing date. With respect to tax returns where tax losses are calculated, the statute of limitation period oflimitations will be 12 years which will be extended to 15 yearsand if the losses are offset within the last 2 years of the 12 year period.

Tax returns in which tax losses are offset will have a 6-year12-year period, the statute of limitation period.

 F-39

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Presumptive income

The taxable income of the tax payer cannotlimitations will be lower than 3% of its net equity as of December 31 of immediately preceding taxable period. As ofextended up to 3 additional years from the year 2017, it will be at a rate of 3.5%.offsetting.

 

Income tax expense

 

The following table showsis a breakdowndetail of the income tax recognized in profit or loss for the years ended December 31, 2017, 2016 2015 and 2014:2015:

 

 2016  2015  2014  2017  2016  2015 
Current income tax  4,517,336   3,510,546   6,389,978   5,144,962   4,517,336   3,510,546 
Adjustments to prior years’ tax  (68,270)  -   - 
Deferred income tax  25,710   (2,800,193)  (955,123)  723,576   25,710   (2,800,193)
Income tax expense  4,543,046   710,353   5,434,855 
Income tax expenses  5,800,268   4,543,046   710,353 

 

Reconciliation of the income tax expenseexpenses

 

The reconciliation between the income tax expenseexpenses and the tax determined based on the official tax rate applicable to the CompanyGroup in Colombia is as follows:

 

 2016  2015  2014  2017  2016  2015 
Net income (loss) before income tax  7,790,526   (5,578,626)  11,104,428   13,769,662   7,790,526   (5,578,626)
Statutory rate  40%  39%  34%  40%  40%  39%
Income tax at statutory rate  3,116,210   (2,175,664)  3,775,506   5,507,865   3,116,210   (2,175,664)
                        
ETR reconciliation items:                        
Effect in changes in tax rates and effect in tax base (CREE)  807,989   2,063,782   (151,244)
Non deductible wealth tax  229,375   253,422   (21,233)
Effect in changes in tax rates and tax base (CREE tax)  910   807,989   2,063,782 
Non-deductible wealth tax  85,872   229,375   253,422 
Foreign currency translation and exchange difference  (234,316)  310,657   609,130   (186,787)  (234,316)- 310,657 
Prior year taxes  140,630   (21,233)      274,777   140,630   (21,233)
Non deductible expenses  486,300   251,246   378,218 
Non-deductible expenses  129,531   486,300   251,246 
Valuation of investments  -   48,129   922,028   -   -   48,129 
Non taxable income  (3,142)  (19,986)  (17,352)
Others  -   -   (60,198)
Non-taxable income  (11,900)  (3,142)  (19,986)
Income tax calculated  4,543,046   710,353   5,434,855   5,800,268   4,543,046   710,353 
                        
Current  4,517,336   3,510,546   6,389,978   5,076,692   4,517,336   3,510,546 
Deferred  25,710   (2,800,193)  (955,123)  723,576   25,710   (2,800,193)
  4,543,046   710,353   5,434,855   5,800,268   4,543,046   710,353 

F-44

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

The effective tax rate (ETR) as of December 31, 20162017 was 42.1% (2016 - 58.3% (2015: 12.7%). The increasedecrease compared to the previous year is mainly due to the following: a) The effect of the increase of unrecognized deferred tax assets on tax carryforwards in the group that according to the financial projections will not be able to be recovered in a predictable future, and b) the increaseDecrease in non-deductible expenses due to the amendmenteffects of the 2015 income tax.transportation tax; b) Adjustment for differential of taxable bases; c) The adjustment for differential tax rates of the Group other than the nominal 40%, where the most significant item is the deferred tax asset to be amortized in the long term, with a rate lower than the nominal rate; and d) The adjustment of the wealth tax due to the effect of the rate, which is 0.4% for 2017, compared to 1% in 2016.

 

Income and supplementary tax returns for taxable years 2011, 2012, to2014, 2015 and 2016, and CREE ofreturns for taxable years 20132014, 2015 and 2016 of the Ecopetrol Business Group are subject to 2015 are open toacceptance and review in accordance withby the applicable statute of limitations. The auditing of those tax returns may result in additional taxes, or interest, or penalties which could give rise to administrative proceedings with applicable authorities. Management of the Ecopetrol Business Group Companiescompanies considers that the amounts accounted as a liability for the tax payable istaxes are sufficient and are supported by taxcurrent regulations, doctrine and case law regulations and official opinion in orderapplicable to address any legal claim that could be requested by theeventually filed with respect to such years. The Group's strategy is not making tax authority. The strategy's Company is do not takedecisions based on aggressive or risk taxless-assured positions that could put into question theseits tax returns.

 F-40

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

Deferred income tax

The following is the detail of the deferred tax balance aton gains as of December 31, 2017 and 2016:

  2017  2016 
       
Deferred tax assets  4,016,161   4,248,014 
Deferred tax liabilities  (1,333,280)  (1,639,703)
Net deferred income tax  2,682,881   2,608,311 

The deferred income tax assets and liabilities are reported net in compliance with the requirements of international financial reporting standards (IAS 12).  As of December 31, 2017 and 2016, and 2015 ofthe deferred taxestax detail is comprised as follows:

 

  2016  2015 
Deferred tax asset  5,726,961   8,239,472 
Deferred tax liability  3,118,650   6,026,050 
Total deferred income tax  2,608,311   2,213,422 

Deferred tax is measured at the tax rates that are expected to be applied to temporary differences when they reverse, using taxrates enacted or substantively enacted at the reporting date.

The table below shows an analysis of the Company´s deferred tax assets and liabilities:

  2016  2015 
Deferred tax assets        
Property, plant and equipment and Natural and environmental resources (1)  2,185,792   4,094,250 
Provisions  1,875,964   1,867,461 
Employee benefits (2)  656,997   - 
Loss carry forwards  477,808   238,193 
Accounts payable  311,646   726,256 
Borrowings and other financial liabilities  -   986,689 
Accounts receivable  135,092   17,927 
Others (3)  83,662   308,696 
Total  5,726,961   8,239,472 

 2016  2015  2017  2016 
Deferred tax liabilities        
Property, plant and equipment and Natural and environmental resources (1)  2,406,106   3,888,751 
Deferred tax assets (liabilities)        
Provisions (3)  1,840,988   1,875,965 
Employee benefits (2)  1,373,561   656,997 
Loss carry forwards  611,766   477,808 
Accounts payable  208,618   311,607 
Accounts receivable  94,864   133,840 
Property plant and equipment and Natural and environmental resources (1)  (1,006,299)  (220,315)
Goodwill  345,288   262,291   (408,932)  (345,288)
Borrowings and other financial liabilities  113,497   1,527,501   -   (113,497)
Others (3)  253,759   347,507 
Total  3,118,650   6,026,050 
Others  (31,685)  (168,806)
  2,682,881   2,608,311 
        
Deferred tax assets  4,016,161   4,248,014 
Deferred tax liabilities  (1,333,280)  (1,639,703)
  2,682,881   2,608,311 

 

(1)For tax purposes, natural and environmental resources and property, plant and equipment have specifica useful liveslife and a depreciation and amortization calculation methodology of capitalization different from those determined under IFRS. This difference will result in a difference in the depreciable basis foras per international accounting and tax purposes.standards.

 

(2)Difference in valuation of the actuarial liability.Actuarial calculations for health, retirement pensions, education, pension bonds and other benefits to long-term employees.

 

(3)Investments, inventories and intangible assets.The most representative item corresponds to the provision for well abandonment.

 

  F-41F-45 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

The movementstable above takes into consideration the offsetting of deferred income tax assets and deferred tax liabilities within the same tax jurisdiction. The overall deferred tax position in a particular tax jurisdiction determines if a deferred tax balance is presented within deferred tax assets or deferred tax liabilities. Accordingly, certain deferred tax assets are presented within deferred tax liabilities, and certain deferred tax liabilities within deferred tax assets.

The following is the detail of the deferred tax assets (liabilities) for the years ended December 31, 20162017 and 2015 is as follows:2016:

 

Deferred tax assets:

  Property, plant
and equipment
and natural
resources
  Provisions  Employee
benefits
  Tax losses  Accounts
payable
  Accounts
receivable
  Borrowings
and other
financial
obligations
  Others  Total 
December 31, 2014  1,007,559   1,814,433   352,720   227,078   111,300   113,889   268,210   350,227   4,245,416 
Recognized in deferred income tax expense  3,086,691   53,028   370,863   11,115   614,956   (95,962)  718,479   (41,531)  4,717,639 
Recognized in other comprehensive income  -   -   (723,583)  -   -   -   -   -   (723,583)
December 31, 2015  4,094,250   1,867,461   -   238,193   726,256   17,927   986,689   308,696   8,239,472 
Recognized in deferred income tax expense  (1,908,458)  8,503   40,300   239,615   (414,610)  117,165   (986,689)  18,282   (2,885,892)
Recognized in other comprehensive income  -   -   616,697   -   -   -   -   (243,316)  373,381 
December 31, 2016  2,185,792   1,875,964   656,997   477,808   311,646   135,092   -   83,662   5,726,961 
  Property
plant and
equipment
and Natural
resources
  Provisions  Employee
benefits
  Loss
carry
forwards
  Accounts
payable
 
As of December 31, 2015  205,499   1,824,844   -   238,193   726,256 
Recognized in profit or loss  (425,814)  51,121   40,300   239,615   (414,649)
Recognized in OCI  -   0   616,697   -   - 
As of December 31, 2016  (220,315)  1,875,965   656,997   477,808   311,607 
Recognized in profit or loss  (785,984)  (34,977)  (22,818)  133,958   (102,989)
Recognized in OCI  -   -   739,382   -   - 
As of December 31, 2017  (1,006,299)  1,840,988   1,373,561   611,766   208,618 
                
  Goodwill  Borrowings
and other
financial
liabilities
  Accounts
receivable
  Others  Total 
As of December 31, 2015  (262,290)  (540,811)  17,927   3,804   2,213,422 
Recognized in profit or loss  (82,998)  427,314   115,913   23,488   (25,710)
Recognized in OCI  -   -   -   (196,098)  420,599 
As of December 31, 2016  (345,288)  (113,497)  133,840   (168,806)  2,608,311 
Recognized in profit or loss  (63,644)  113,497   (38,976)  78,357   (723,576)
Recognized in OCI  -   -   -   58,764   798,146 
As of December 31, 2017  (408,932)  -   94,864   (31,685)  2,682,881 

 

Deferred tax liabilities:

  Property, plant and
equipment and natural
resources
  Goodwill  Financial
 obligations
  Others  Total 
December 31, 2014  2,933,009   473,293   571,105   190,737   4,168,144 
Recognized in deferred income tax expense  1,074,825   (211,002)  788,797   264,826   1,917,446 
Recognized in other comprehensive income  -   -   167,599   -   167,599 
Foreign exchange  (119,083)  -   -   (108,056)  (227,139)
December 31, 2015  3,888,751   262,291   1,527,501   347,507   6,026,050 
Recognized in deferred income tax expense  (1,482,645)  82,997   (1,414,004)  (46,530)  (2,860,182)
Foreign exchange  -   -   -   (47,218)  (47,218)
Recognized in other comprehensive income  -   -   -   -   - 
December 31, 2016  2,406,106   345,288   113,497   253,759   3,118,650 

Deferred taxThe Ecopetrol Business Group offsets assets and liabilities are offsetfor deferred taxes only if there isit has a legally enforceable right to offset current tax liabilities and assets; and in the case of deferred tax on assets andthey relateand liabilities, to the extent that they also correspond to income taxes leviedrequired by the same tax authority onjurisdiction and the same taxable entity, or on different tax entities, but they intend to settlecurrent tax liabilities and assets on a net basis or their tax assets and liabilities will be realized simultaneously.authority.

 

In accordance with thePursuant to current tax law, losses generated in income and supplementary taxes and/or income tax for equality - CREE before 2017, must be offset with the net income obtained in 2017 and subsequent periods, taking into account the formula set outforth in articleSection 5, Article 290 of Law 1819 of 2016. Tax losses determined must not be tax re-adjusted.readjusted.

 

Starting inAs of the tax year 2017, companies can offset tax losses obtained in the current period defined, with taxable income generated through the next 12 taxable periods, following the attainment of said tax losses, without prejudice of the period's presumptive income.

 

The asset for deferredDeferred tax assets related to tax losses generated by Bioenergy S.A. and Bioenergy Zona Franca in the amount of COP$(53,328), and excess presumptive income of Refinería de Cartagena in the amount of COP$(44,475) were written off in 2016 because, even though they can be offset in the long term, Management concluded that having a conservative position, it is not likely that the asset deferred tax assets related to such tax losses and excess of presumptive income would be recoverable in the short term.

If the Ecopetrol Group couldwould have recognized the deferred tax assetassets that waswere not recognized, the income for the period ended on December 31, 20162017, would have increased by COP$83,595. 97,803.

 

  F-42F-46 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

As per Colombian tax law, excess of presumptive income can be carried forward for 5 years.  As of December 31, 2016, Ecopetrol Group has unrecognized deferred tax assets on cumulative excess of presumptive income of COP 49,155, which expires between 2017 and 2020.The Deferred tax assets have not been recognized in respect of these carryforwards, as they may not be used to offset taxable profits in the Group.

 

In accordance with tax provisions applicable until December 31, 2016, the surplus of presumptive income and minimalthe minimum base generated before 2017 in income and supplementary taxes and in the income tax for equality - CREE, respectively, can be offset with ordinary net income obtained by the CompanyGroup in the next five years, using for such purpose the formula set outforth in numberSection 6, articleArticle 290 of lawLaw 1819 of 2016.

 

The movements of deferred income tax for the years ended December 31, 20162017 and 20152016 are as follows:

       
  2016  2015 
Opening balance  2,213,422   77,272 
Deferred tax recognized in profit or loss  (25,710)  2,800,193 
Deferred tax recognized in other comprehensive income (a)  420,599   (664,043)
Closing balance  2,608,311   2,213,422 

  2017  2016 
Opening balance  2,608,311   2,213,422 
Deferred tax recognized in profit or loss  (723,576)  (25,710)
Deferred tax recognized in other comprehensive income (a)  798,146   420,599 
Closing balance  2,682,881   2,608,311 

 

(a)The following is the breakdowncomposition of the income tax recorded against other comprehensive income:

 

December 31, 2017 Pre-tax  Deferred
Tax
  After tax 
Actuarial valuation gains (losses)  2,251,656   (739,382)  1,512,274 
Cash flow coverage for crude exports  80,896   (54,056)  26,840 
Other  12,119   (4,708)  7,411 
  2,344,671   (798,146)  1,546,525 
            
December 31, 2016 Pre-tax  Deferred tax  After tax  Pre-tax  Deferred
tax
  After tax 
Actuarial valuation gains (losses)  1,770,139   (616,697)  1,153,442   1,770,139   (616,697)  1,153,442 
Cash flow hedging for future crude oil exports  (757,469)  296,047   (461,422)  (537,353)  220,596   (316,757)
Derivative financial instruments  (56,448)  22,579   (33,869)  (56,804)  22,722   (34,082)
Others  -   (47,217)  (47,217)
Other  -   (47,220)  (47,220)
  956,222   (345,288)  610,934   1,175,982   (420,599)  755,383 

 

December 31, 2015 Pre-tax  Deferred tax  After tax 
Actuarial valuation gains (losses)  (2,128,184)  723,582   (1,404,602)
Cash flow hedging for future crude oil exports  344,836   (127,545)  217,291 
Derivative financial instruments  100,134   (40,051)  60,083 
Others  -   108,057   108,057 
   (1,683,214)  664,043   (1,019,171)

Deferred tax assets (liabilities) not recognized

As of December 31, 2017, deferred tax assets (liabilities) are not recognized in the difference between the accounting and tax bases related to investments in companies of the Ecopetrol Business Group, as there is no intention to sell any of these investments in the foreseeable future.

 

10.3Other taxes

 

10.3.1Tax on dividends

 

The new tax on dividends will be applicable to foreign companies and entities on profits generated starting 2017.

 

Dividends will be taxed at 5%. For Colombian individuals theThe rate would be up to 10%. Profits that did not pay tax at the corporate level, would be subject to a 35% withholding tax at the time of distribution. In this case, the distribution, after being reduced by the 35% withholding tax, would be subject to the dividend tax. Dividends tax will be applicable5%. Furthermore, the tax rate for dividends will be 35%. In this scenario, the 5% tax on dividends will apply to profits generated asthe amount of 2017.the tax distribution, once it has been reduced with the 35% income tax.

For taxed individuals residing in Colombia, the tax on dividends will have a maximum 10% rate that will be applied on non-taxed dividends, and 35% with respect to taxed dividends distributed.

F-47

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

There are no effects on income tax related to dividend payments made by the Group to its shareholders during 2017 and 2016.

 

10.3.2Transfer prices

 

Colombian TaxpayersIncome tax payers carrying out operations with related parties abroad or located abroad are required to submitin free trade zones or companies located in countries considered tax havens, must determine their ordinary and extraordinary revenues, costs and deductions, considering the disclosure return of transactions with related parties. For these taxpayers it is necessary to prepare and maintain supporting documentation onlyarm's length principle for those types of operations, ifsuch transactions.

Such companies submitted their transfer-pricing information statement for the annual amount accumulated in the relevant2016 tax year exceeds ten thousand units of taxable value units (10.000 UVT) (For 2016: COP$ 29,753).

 F-43

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

The Companies are required to fileand their transfer pricing information for the taxable year 2015 and the relatedrespective supporting documents.

 

For fiscalthe 2017 tax year, 2016 the transactions performed with foreign economically related parties abroad, as well as the business conditions for such operations and their general structure, did not vary significantly as compared with the previous year. Therefore, it can be inferred that said transactions were performed in accordance with the arm's length principle. It is estimated that no adjustments will be required derived from the analysis of transfer pricingprices in 20162017, which implyentail amendments of the income provision of taxable year 2016.2017.

 

10.3.3Value added tax (VAT)

 

General VATAs of tax year 2017, the general sales tax rate increased from 16% in 2016 tois 19% and, with a differential 5% rate of 5% for certainsome goods and services is maintained. The modification on the general rate is effective from January 1st, 2017.maintained in accordance with Articles 184 and 185 of Law 1819 of 2016.

 

As of tax year 2017, the VAT taxable event is expandedwas extended to allthe sale of goods at large, the sale or concession of intangibles related to industrial property and to the provision of services in general, including intangible goods (relatedColombia, or from services abroad, except for express exclusions of the norm, pursuant to intellectual property) and real estate property (unless provided otherwise).Article 173 of Law 1819 of 2016.

 

Fixed assets are still not levied withLikewise, Article 194 of this Law stipulated that the term for filing requests for VAT except for real estate property for residential use, automobile and other fixed assets sold on the ordinary course of business in the name and on behalf of third parties. For this purposes, real estate has been excluded unless the value of the first sale is higher than 26.800 tax value unit (“UVT” by its acronyms in Spanish), approximately COP $854 million, whichdeductions will be taxed at a 5% rate.

Unless expressly excluded, services rendered from abroad will be levied with VAT. The assignment of rights is included as a form of service.

Periods for filing VAT returns and payments will be only two,3 bimonthly and quarterly. The statute of limitations for the request of VAT credit tax balance is increased to three bimonthly periods immediately following the period of causation.

 

10.3.4Wealth tax

 

Law 1739 of 2014 stablishedestablished the wealth tax (“impuesto a la riqueza”) for natural and juridical persons whose possession of wealth at January 1, 2015 exceeds COP$1,000 million. The taxable base for companies is the years 2015-2018. According togross equity value held as of January 1, 2015, 2016 and 2017, less the Law, entities that own wealth in Colombia –exceedingdebts valid on the limits established to be considered taxpayers, this is COP$ 1,000 million- have the obligation to file and pay the wealth tax.same dates.

 

The applicable rate will depend on the taxable base of each tax payertaxpayer and the paid value will not be deductible noror discountable on income and supplementary taxes foror income tax for equality - CREE, nor can they be offset withby these, noror any other taxes.

 

In 2016,2017, the wealth tax paid by the Ecopetrol Group amounted to COP$569,756,226,778, which was recognized as an expense in the period (2015(2016 - COP$649,800)569,756).

 

  F-44F-48 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

11.Equity instruments measured at fair value

 

The balance atAs of December 31, 2016, and 2015 of equityEquity instruments measured at fair value is comprisedmainly included the shares that Ecopetrol owned in Empresa de Energía de Bogotá S.A.E.S.P, which were sold as follows:

  2016  2015 
       
Empresa de Energía de Bogotá (1)  51,522   478,618 
Interconexión Eléctrica S.A (2)  -   434,870 
Other  88   - 
   51,610   913,488 

(1)Through Decree 2305part of November 13, 2014, the Company obtained authorizations from the Government to start the alienation program of its equity holding in Empresa de Energía de Bogotá S.A. E.S.P.

For the periodshareholding sales plan, authorized by the National Government through Decree 2305 of authorization and December 31, 2016November 13, 2014. During the 2017, Ecopetrol sold in three auctions 95.5%completed the sales of its equity share equivalent to 602,632,965 shares for COP$1,067,313 as follows:under the sales plan with the following:

 

-On July 27, 2015,29, 2017, the sale of 352,872,41410,999,163 shares took place, at a selling price of COP$1,7402,000 pesos per share. The operationThis sale amounted to $613,998.COP$21,998.

 

-On June 7, 2016,October 19, 2017, the second auctionshareholding sales plan was performed for 191,639,698completed, with the sale of the remaining 17,465,872 shares at a price of COP$1,815 for a total of COP$347,827.

-On December 6, 2016, the third auction was performed for the2,000 pesos per share. This sale of 58,120,853 shares, at a price of COP$1,815 for a total of COP$105,489.

In December 2016, the Council of Ministers approved a one extension for the terms of the alienation program, period in which Ecopetrol expects to sell the remaining 28,465,035 shares it holds.

(2)On April 13, 2015, as part of Law 226 of 1995, the Government issued a favorable opinion on the alienation program of Ecopetrol's equity holding in Interconexión Eléctrica S.A. E.S.P, following the recommendation of Ecopetrol's Board of Directors. At December 31, 2016, Ecopetrol sold in two auctions 100% of its equity holding, which amounted to 58,925,480 shares for COP$513,399 as follows:34,932.

-On April 12, 2016, the sale of 45,295,034 shares was performed at a price of COP$8,325 each for a total of COP$377,081.

-On December 14, 2016, the last auction was performed for the sale of 13,630,446 shares at a price of COP$10,001 for a total of COP$136,318.

The proceeds from the sale of these shares have been used to finance the Company's investment plan.

 

The movement of non-current assets held for saleequity instruments measured at fair value as of December 31, 20162017 and 20152016 is as follows:

 

  2016  2015 
Opening balance  913,488   1,581,466 
Fair value adjustments  126,205   (106,911)
Proceeds from sales of shares  (966,715)  (613,998)
(Loss) gain on sale of shares (1)  (21,368)  52,931 
Closing balance  51,610   913,488 

 F-45

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

These equity instruments are measured at fair value with changes in fair value recorded in the other comprehensive income. Its hierarchy level is 1 using the price quoted in the Stock Exchange of Colombia as a reference.

(1)As of December 31, 2016 and 2015 the sale of shares of EEB and ISA generated a profit of COP$47,129 and COP$72,339, respectively; which corresponds to the amount of loss or gain on sale describe in the previous table plus the gains realization of the fair value measurements that had been accumulated in equity for COP$68,497 in 2016 and COP$19,405 in 2015.
  2017  2016 
Opening balance  51,610   913,488 
Fair value adjustments  (7,828)  126,205 
Proceeds from sale of shares  (56,930)  (966,715)
Profit (loss) on sale of shares  13,236   (21,368)
Transfers  (88)  - 
Closing balance  -   51,610 

 

12.Other assets

 

The balance atas of December 31, 20162017 and 20152016 of other assets is comprised as follows:

       
  2016  2015 
Current        
Partners in joint operations  735,032   431,523 
Advanced payments to contractors and suppliers  151,871   370,269 
Prepaid expenses  140,606   226,842 
Related parties (Note 32)  7,135   28,668 
Other advances and agreements  988   33,022 
Total current  1,035,632   1,090,324 
         
Non-current        
Abandonment and pension funds (1)  312,423   274,938 
Employee benefits  187,969   91,625 
Judicial deposits and attachments  140,338   146,701 
Trust funds (2)  87,602   125,720 
Advances and deposits  63,402   18,405 
Other assets  35,002   108,991 
Total non-current  826,736   766,380 

  2017  2016 
Current        
Partners in joint operations (1)  583,656   735,032 
Prepaid expenses  115,866   140,606 
Advanced payments to contractors and suppliers  103,762   151,871 
Related parties (Note 31)  7,716   7,135 
Other assets  69,425   988 
   880,425   1,035,632 
Non-current        
Abandonment and pension funds (2)  323,621   312,423 
Employee benefits  202,012   187,969 
Advanced payments and deposits  74,225   63,402 
Judicial deposits and attachments  43,248   140,338 
Trust funds  32,748   87,602 
Other assets  5,155   35,002 
   681,009   826,736 

 

(1)Corresponds to the net value of cash calls and cutbacks generated in relation to the operations carried out with partners through Exploration and Production (E&P) contracts, Technical Evaluations (TEA) contracts and agreements entered in to with the National Hydrocarbons Agency (ANH), as well as through association contracts and other types of contracts.

(2)Corresponds to Ecopetrol’s share in trusts established to support the costs of abandonment of wells and dismantling of facilities and future retirement pensions.

(2)Consists primarily of deposits to the Oil Savings and Stabilization Fund (from the SpanishFondo de Ahorro y Estabilización Petrolera - FAEP) in Ecopetrol’s favor to address the remainder of the National Royalties Fund. Its sole purpose isas well as the payment of debts and financing development programs and projectsfuture retirement pensions in hydrocarbon producing and non-producing municipalities and departments. Ecopetrol will make disbursements as the Ministry of Finance issues the respective approvals.some association contracts.

 

At the close of 2015, the pension resources managed byFiduciaria Bancolombia (equivalent to COP$342,951, from the termination of the Cravo Norte Partnership agreement with Occidental de Colombia) were returned to Ecopetrol S.A., since the pension obligation arising from such agreement is supported by the pension trusts described in note 22 - Provisions for employee benefits.

  F-46F-49 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

13.Assets held for sale and their related liabilities

 

AtThe balance as of December 31, 2017 and 2016 the balance of assets classified as non-current assets held for sale amountedand their related liabilities, which do not correspond to COP$132,216 and it was comprised of:discontinued operations, included:

  2017  2016 
Assets held for sale        
Surplus project materials (1)  56,049   65,703 
Property, plant and equipment (2)  48,091   36,902 
Oil fields (3)  -   29,611 
   104,140   132,216 
Liabilities related to assets held for sale        
Oil fields (3)  -   40,128 
   -   40,128 

 

§(1)AssetsMainly includes assets remaining from the expansion project of the oil pipeline tofor transport extra-heavyof extra heavy crude oil conducted by Oleoducto Central S.A.SA - Ocensa, forOcensa. In 2017, the Group sold part of these assets, generating a loss of COP$65,703.2,337 and expects to continue selling the remainder of these assets during 2018 depending on market conditions.

 

§(2)Includes buildings and land belonging to Ecopetrol and Andean assetsChemicals Ltd., the latter related to Louisiana Green Fuels for(ethanol plant, water plant and harvesters). The Group recorded an impairment loss on these assets of COP$36,902 corresponding11,292 and continues with its plan to ethanol and water plants and a harvester.sell these assets depending on market conditions.

 

§(3)Ecopetrol’s oil fileds:Corresponds mainly to the Sogamoso, Rio Zulia, Rio de Oro and Puerto Barco, Santana, Nancy-Maxine-BurdineNancy Maxine Burdine and Valdivia Almagro oil fields, awarded through an auction offered in November 2016 for2016. During the second and third quarter of 2017, Ecopetrol obtained the approval of the assignment of rights of these areas by the ANH, with the transfer of the assets and the corresponding sale being formalized. These operations generated a net profit of COP $29,611.$ 168,726. The liabilities associated with these assets corresponded to the dismantling and abandonment of the Group’s obligations.

The balance of related liabilities as of December 31, 2016 amounts to COP$40,128 and corresponds mainly to abandonment costs and environmental commitments of these assets.

Assets held for sale at December 31, 2015 for COP$242,745 and its related liabilities for COP$17,628 corresponded to fields La Hocha and La Cañada, owned by Hocol S.A., on which the sale was abandoned in 2016 because the offer did not meet economic expectations.

 

  F-47F-50 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

14.Investments in associates and joint ventures

 

The details on the participations, economic activity, address, area of operations and financial information of the investments in joint ventures and associates can be found in Exhibit 1.

14.1Composition and movements

 

The balance atas of December 31, 2017 and 2016 and 2015 of the investments in associates and joint ventures, is as follows:

 

  2016  2015 
Investments in joint ventures        
Equion Energía Limited  1,156,430   1,430,206 
Offshore International Group (1)  937,938   1,097,929 
Ecodiesel Colombia S.A.  39,525   37,161 
   2,133,893   2,565,296 
Less impairment:        
Equion Energía Limited  (253,683)  (172,528)
Offshore International Group  (577,053)  (530,350)
   1,303,157   1,862,418 
Investments in associates        
Invercolsa S.A.  243,156   61,503 
Serviport S.A.  5,255   8,490 
Sociedad Portuaria Olefinas  1,126   649 
   249,537   70,642 
Less impairment: Serviport S.A.  -   (1,126)
   249,537   69,516 
   1,552,694   1,931,934 

(1)According to the assessment of control carried out as of December 31, 2016, the investment in Offshore International Group was classified as joint venture from an associate, due to the existence of joint control. For comparative purposes, the balance was reclassified as of December 31, 2015 to joint ventures.

The detail of the investments, economic activity, domicile, area of operation and financial information of the investments in joint ventures and associates is shown in Exhibit I.

  2017  2016 
Investment in joint ventures        
Equion Energy Limited  1,057,466   1,156,430 
Offshore International Group  845,325   937,938 
Ecodiesel Colombia SA  38,383   39,525 
   1,941,174   2,133,893 
Less impairment:        
Equion Energy Limited  (296,427)  (253,683)
Offshore International Group  (539,465)  (577,053)
   1,105,282   1,303,157 
Investments in associates        
Invercolsa SA  223,963   243,156 
Serviport SA  9,905   5,255 
Olefinas Port Society  1,214   1,126 
   235,082   249,537 
Less impairment: Serviport SA  (9,904)  - 
   225,178   249,537 
   1,330,460   1,552,694 

 

The following is the movement of these investments:investments in companies:

For the year ended December 31, 2017:

  Associates  Joint
ventures
  Total 
Opening balance  249,537   1,303,157   1,552,694 
Effects of equity method through:            
Profit or loss  46,669   46,869   93,538 
Other comprehensive income  -   (14,752)  (14,752)
Dividends declared  (61,124)  (224,837)  (285,961)
Impairment (Note 18.1.2)  (9,904)  (5,155)  (15,059)
Closing balance  225,178   1,105,282   1,330,460 

 

For the year ended December 31, 2016:

 

 Associates  Joint ventures  Total  Associates  Joint
ventures
  Total 
Opening balance  69,516   1,862,418   1,931,934   69,516   1,862,418   1,931,934 
Effects of equity method through:                        
Profit or loss  48,299   13,046   61,345   48,299   13,046   61,345 
Other comprehensive income  173,772   (49,127)  124,645   173,772   (49,127)  124,645 
Dividends declared  (42,050)  (384,787)  (426,837)  (42,050)  (384,787)  (426,837)
Impairment  -   (127,858)  (127,858)
Impairment (Note 18.1.2)  -   (127,858)  (127,858)
Reclassifications  -   (10,535)  (10,535)  -   (10,535)  (10,535)
Closing balance  249,537   1,303,157   1,552,694   249,537   1,303,157   1,552,694 

 

  F-48F-51 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

For the year ended December 31, 2015:

  Associates  Joint ventures  Total 
Opening balance  64,710   2,325,479   2,390,189 
Effects of equity method through:            
Profit or loss  45,988   (92,675)  (46,687)
Other comprehensive income  -   508,968   508,968 
Dividends declared  (41,182)  (291,210)  (332,392)
Impairment  -   (588,144)  (588,144)
Closing balance  69,516   1,862,418   1,931,934 

 

14.2Impairment on the value of investments in companies

Investments in associates and joint ventures are recorded under the equity method. Ecopetrol evaluates if such investments were impaired during the period, and assesses if there is objective evidence of a potential impairment, particularly for companies that were acquired with goodwill.

As a result, the Company recognized impairment expense in the value of its investments in companies at December 31, as follows:

  2016  2015  2014 
Equion Energía Limited  81,155   172,528   - 
Offshore International Group  46,703   415,616   114,734 
Total  127,858   588,144   114,734 

The main assumptions used for determining the fair value less costs to sell of the investments, which perform hydrocarbon exploration and production activities, include:

-Financial projections for the above companies were made taking into account the fair value less cost of disposal based on the discounted cash flow after taxes, that are derived from business plans approved by the company's management. The plans are developed based on long term macroeconomic factors such as price curves and fundamental supply and demand assumptions. The fair value category is level 3.

-The forecasts include US$56.8/barrel for 2017, US$67.9/barrel average for the next six years and US$80/barrel in the long-term. Prices are based on information from recognized suppliers well known by the market and by management analysts. In 2015, the assumptions made used a price of US$40/barrel in 2016 reaching US$60 in the long-term. The production profiles were estimated based on third-party perspectives, which rely on their companies’ vision.

-The rates used for discounting cash flows are based on the WACC methodology and reflect the specific risk of the business segment. The rate used for 2016 was 8.9% for Equion Energía Limited (2015 – 8.4%) and 8% for Offshore International Group (2015 – 8.4%).

-Certified reserves balances, in addition to prove, probable and possible reserves were also considered adjusted by different risk factors.

The impairment recognized in 2015 was caused mostly by the adverse economic context of the hydrocarbon industry, which translated into the reduction of oil price forecast and increase in the market and country risks reflected on the discount rate. For 2016, despite of better forecasts for long term oil prices, the Company recognized an additional impairment in the investment in the Offshore International Group and Equion for the return to local authorities of low-prospectively exploration blocks, high geological risk and low economic viability with respect to a new price scenario.

 F-49

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

14.3Restrictions on investments

 

The number of shares held by Ecopetrol in Invercolsa S.A. has been subjectedsubject to a legal dispute with another shareholder of this company. The Courtscourts decided in favor of Ecopetrol through a ruling ofIN 2011, whereby it was determined that 324 million shares, equivalent to 11.58% of Invercolsa’s socialInvercolsa S.A.’s share capital should be returned to Ecopetrol. The Ecopetrol’s equity share in said company is 43.35%. The dividends paid in relation withto the shares returned to Ecopetrol are also subject to controversy, as well as the ownershipcontroversy. As of the shares that represent 8.53% of Invercolsa. At December 31, 2016,2017, the settlement of these claims is still pending.

 

14.3Additional information about associates and joint ventures

The breakdown of assets, liabilities and results of the two main investments in associates and joint ventures, Equion Energy Limited and the Offshore International Group, as of December 31, 2017 and 2016 is as follows:

  2017  2016 
  Equion
Energy
Limited
  Offshore
International
Group
  Equion
Energy
Limited
  Offshore
International
Group
 
Statement of financial position                
Current assets  909,927   289,618   712,078   317,700 
Non-current assets  955,849   1,568,395   1,406,510   1,693,947 
Total assets  1,865,776   1,858,013   2,118,588   2,011,647 
Current liabilities  430,130   192,513   417,203   147,090 
Non-current liabilities  98,835   657,746   170,527   671,577 
Total liabilities  528,965   850,259   587,730   818,667 
Equity  1,336,811   1,007,754   1,530,858   1,192,980 
                 
Other complementary information            
Cash and cash equivalents  170,618   32,490   300,689   22,224 
Current financial liabilities  336,352   97,960   328,497   21,408 
Non-current financial liabilities  2,921   214,259   309   356,353 

  2017  2016  2015 
  Equion
Energy
Limited
  Offshore
International
Group
  Equion
Energy
Limited
  Offshore
International
Group
  Equion
Energy
Limited
  Offshore
International
Group
 
Statement of profit or loss                        
Sales revenue  1,213,692   393,210   1,204,301   379,811   1,218,796   463,660 
Costs  (793,999)  (508,461)  (969,318)  (502,107)  (958,467)  (654,095)
Administrative expenses and others  12,188   (103,340)  (44,810)  (221,238)  (74,258)  (128,895)
Financial income (expenses)  2,373   (20,264)  59,143   (12,010)  37,970   (8,528)
Income tax  (180,546)  60,575   30,199   107,507   (209,221)  90,294 
Financial year results  253,708   (178,280)  279,515   (248,037)  14,820   (237,564)
Other comprehensive results  913,728   -   935,847   -   1,024,423   - 
                         
Other complementary information                        
Dividends paid to the Ecopetrol
Business Group
  217,075   -   375,035   -   284,984   - 
Depreciation and amortization  557,970   232,953   678,488   228,250   642,369   229,317 

  F-50F-52 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

14.4Additional information about associates and joint ventures

The balance of assets, liabilities and results of most relevant associates and joint ventures at December 31, 2016 and 2015 is comprised as follows:

  2016  2015 
  Equion Energía
Limited
  Offshore
International
Group
  Equion Energía
Limited
 Offshore
International
Group
 
Statement of financial position                
Current assets  712,078   317,700   854,445   310,677 
Non-current assets  1,406,510   1,693,947   2,114,689   2,089,841 
Total assets  2,118,588   2,011,647   2,969,134   2,400,518 
Current liabilities  417,203   147,090   549,281   477,611 
Non-current liabilities  170,527   671,577   352,182   409,946 
Total liabilities  587,730   818,667   901,463   887,557 
Equity  1,530,858   1,192,980   2,067,671   1,512,961 
                 
Other complementary information                
Cash and cash equivalents  300,689   22,224   340,797   25,760 
Financial obligations, short-term  328,497   21,408   423,132   337,506 
Financial obligations, long-term  309   356,353   751   33,025 

  2016  2015 
  Equion Energía
Limited
  Offshore
International
Group
  Equion Energía
Limited
  Offshore
International
Group
 
Statement of profit or loss                
Sales revenue  1,204,301   379,811   1,218,796   463,660 
Costs  (969,318)  (502,107)  (958,467)  (654,095)
Administration and other expenses  (44,810)  (221,238)  (74,258)  (128,895)
Financial income (expenses)  59,143   (12,010)  37,970   (8,528)
Income tax  30,199   107,507   (209,221)  90,294 
Net income for the period  279,515   (248,037)  14,820   (237,564)

 F-51

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

Included below, there is a reconciliation of equity between the most significant participations and the carrying amount of investments atas of December 31:31, 2017 and 2016:

 

 2016  2015  2017  2016 
 Equion
Energía
Limited
  Offshore
International
Group
  Equion
Energía
Limited
  Offshore
International
Group
  Equion
Energy
Limited
  Offshore
International
Group
  Equion
Energy
Limited
  Offshore
International
Group
 
Equity of the associate  1,530,858   1,192,980   2,067,671   1,512,961   1,336,811   1,007,754   1,530,858   1,192,980 
% of Ecopetrol’s ownership  51%  50%  51%  50%  51%  50%  51%  50%
Ecopetrol’s ownership  780,738   596,490   1,054,513   756,482   681,773   503,877   780,738   596,490 
Additional value of the investment  375,693   341,448   375,693   226,713   375,693   341,448   375,693   341,448 
Less Impairment expense  (253,684)  (577,053)  (172,528)  (415,616)
Impairment  (296,427)  (539,465)  (253,684)  (577,053)
Carrying amount of the investment  902,747   360,885   1,257,678   567,579   761,039   305,860   902,747   360,885 

 

  F-52F-53 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

15.Property, plant and equipment

 

The following shows a breakdown of the changes in property, plant and equipment and its depreciation and impairment for the years ended December 31, 20162017 and 2015:2016:

 

  Plant and
equipment
  Pipelines,
networks and
lines
  Work in
progress (1)
  Buildings  Lands  Other  Total 
                      
Cost                            
Balance at December 31, 2015  37,360,222   26,856,085   11,015,010   6,479,356   4,068,951   3,653,798   89,433,422 
Additions/capitalizations  1,457,547   1,383,352   (107,181)  360,596   41,202   511,413   3,646,929 
(Decrease) increase in abandonment costs  (84,780)  (78,712)  -   -   -   6,137   (157,355)
Capitalized interest  -   -   205,662   -   -   37,116   242,778 
Exchange differences capitalized  -   -   8,639   -   -   -   8,639 
Disposals  (158,193)  (21,814)  (16,031)  (12,540)  713   (15,455)  (223,320)
Foreign currency translation  (42,870)  (298,750)  (1,629,613)  (9,832)  (69,878)  12,416   (2,038,527)
Other (reclassifications) (2)  4,076,350   1,247,621   (4,602,080)  94,177   (146,768)  (722,986)  (53,686)
Balance at December 31, 2016  42,608,276   29,087,782   4,874,406   6,911,757   3,894,220   3,482,439   90,858,880 
                             
Accumulated depreciation and impairment                            
Balance at December 31, 2015  (13,469,749)  (8,572,373)  (19,566)  (1,698,791)  (13,689)  (554,181)  (24,328,349)
Depreciation expense  (1,869,604)  (1,426,659)  -   (392,294)  -   (102,621)  (3,791,178)
Impairment (Note 17)  (659,223)  33,048   (3,270)  57,157   24,067   (13,517)  (561,738)
Disposals  121,382   14,022   -   7,021   15   11,524   153,964 
Foreign currency translation  272,582   138,611   38,904   12,658   -   8,007   470,762 
Other (reclassifications) (2)  92,617   (152,203)  (278,665)  (74,229)  (37,245)  (24,114)  (473,839)
Balance at December 31, 2016  (15,511,995)  (9,965,554)  (262,597)  (2,088,478)  (26,852)  (674,902)  (28,530,378)
                             
Net balance at December 31, 2016  27,096,281   19,122,228   4,611,809   4,823,279   3,867,368   2,807,537   62,328,502 
  Plant and
equipment
  Pipelines,
networks
and lines
  Work in
progress (1)
  Buildings  Lands  Other  Total 
Cost                            
Balance as of December 31, 2016  42,608,276   29,087,782   4,874,406   6,911,757   3,894,220   3,482,439   90,858,880 
Additions/capitalizations  904,854   876,940   (102)  363,836   14,631   203,124   2,363,283 
Increase in abandonment costs  51,619   105,097   -   -   -   -   156,716 
Capitalized financial interests  38,847   33,875   8,501   6,941   1,027   20,113   109,304 
Exchange differences capitalized  2,636   2,299   577   471   70   672   6,725 
Disposals  (67,326)  (56,147)  (26,991)  (6,539)  (23)  (2,727)  (159,753)
Foreign currency translation  (136,501)  (49,800)  (13,302)  (4,904)  (7,850)  (3,394)  (215,751)
Transfers (2)  (840,511)  2,000,003   (976,771)  347,024   (62,720)  (893,531)  (426,506)
Balance as of December 31, 2017  42,561,894   32,000,049   3,866,318   7,618,586   3,839,355   2,806,696   92,692,898 
                             
Accumulated depreciation and impairment losses                            
Balance as of December 31, 2016  (15,511,995)  (9,965,554)  (262,597)  (2,088,478)  (26,852)  (674,902)  (28,530,378)
Depreciation expense  (1,996,614)  (1,479,792)  -   (416,698)  -   (106,878)  (3,999,982)
Recovery (losses) for impairment (Note 18)  1,014,613   316,360   (372,804)  11,538   (7,794)  16,006   977,919 
Disposals  54,244   13,464   -   807   -   2,583   71,098 
Foreign currency translation  15,166   32,729   -   3,929   -   3,802   55,626 
Transfers (2)  1,644,613   (1,378,833)  81,981   (179,660)  (4,876)  (26,032)  137,193 
Balance as of December 31, 2017  (14,779,973)  (12,461,626)  (553,420)  (2,668,562)  (39,522)  (785,421)  (31,288,524)
                             
Net balance as of December 31, 2016  27,096,281   19,122,228   4,611,809   4,823,279   3,867,368   2,807,537   62,328,502 
Net balance as of December 31, 2017  27,781,921   19,538,423   3,312,898   4,950,024   3,799,833   2,021,275   61,404,374 

 

(1)The balance of work in progress atas of December 31, 2016,2017, mainly includes investments for development projects in production at the Castilla and Chichimene,field, the integral plan of electricelectrical energy (PIEE, for its acronym in Spanish),primary and secondary developmentrecovery of Yarigui and the project Tibú-Socuabo and modernization project of the Barrancabermeja refinery.

(2)Transfers correspond mainly to transfers to: a) inventory of project materials for use in the operation for COP$ 250,239, b) classification of the intangible part of projects to natural resources for COP$ 7,222 and c) others for COP$ 31,852.

F-54

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

  Plant and
equipment
  Pipelines,
networks
and lines
  

Work in

progress (1)

  Buildings  Lands  Other  Total 
                      
Cost                            
Balance as of December 31, 2015  37,360,222   26,856,085   11,015,010   6,479,356   4,068,951   3,653,798   89,433,422 
Additions/capitalizations  1,457,547   1,383,352   (107,181)  360,596   41,202   511,413   3,646,929 
(Decrease) increase in abandonment costs  (84,780)  (78,712)  -   -   -   6,137   (157,355)
Capitalized interest  -   -   205,662   -   -   37,116   242,778 
Exchange differences capitalized  -   -   8,639   -   -   -   8,639 
Disposals  (158,193)  (21,814)  (16,031)  (12,540)  713   (15,455)  (223,320)
Foreign currency translation  (42,870)  (298,750)  (1,629,613)  (9,832)  (69,878)  12,416   (2,038,527)
Other (reclassifications) (2)  4,076,350   1,247,621   (4,602,080)  94,177   (146,768)  (722,986)  (53,686)
Balance as of December 31, 2016  42,608,276   29,087,782   4,874,406   6,911,757   3,894,220   3,482,439   90,858,880 
                             
Accumulated depreciation and impairment                            
Balance as of December 31, 2015  (13,469,749)  (8,572,373)  (19,566)  (1,698,791)  (13,689)  (554,181)  (24,328,349)
Depreciation expense  (1,869,604)  (1,426,659)  -   (392,294)  -   (102,621)  (3,791,178)
Impairment (Note 17)  (659,223)  33,048   (3,270)  57,157   24,067   (13,517)  (561,738)
Disposals  121,382   14,022   -   7,021   15   11,524   153,964 
Foreign currency translation  272,582   138,611   38,904   12,658   -   8,007   470,762 
Other (reclassifications) (2)  92,617   (152,203)  (278,665)  (74,229)  (37,245)  (24,114)  (473,839)
Balance as of December 31, 2016  (15,511,995)  (9,965,554)  (262,597)  (2,088,478)  (26,852)  (674,902)  (28,530,378)
                             
Net balance as of December 31, 2016  27,096,281   19,122,228   4,611,809   4,823,279   3,867,368   2,807,537   62,328,502 

(1)The balance of work in progress as of December 31, 2016, mainly includes investments made in the development projects of the Castilla y Chichimene fields, integral energy plan (PIEEL for its acronym in Spanish), primary and secondary development of the Tibú-Socuabo project and modernization of the Refinería de Barrancabermeja.

(2)Corresponds mainly to transfers to: a) inventory of project materials for use in the operation for COP$(712,967) mainly Ecopetrol and Reficar, b) opening of the intangible part of projects to natural resources for COP$68,750 and c) other COP$116,692.

 

  F-53F-55 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

  Plant and
equipment
  Pipelines,
networks and
lines
  Work in
progress (1)
  Buildings  Lands  Other  Total 
Cost                            
Balance at December 31, 2014  16,109,035   19,938,115   24,009,694   5,199,417   3,614,237   3,135,873   72,006,371 
Additions  2,720,120   2,213,663   2,446,904   755,565   112,972   299,709   8,548,933 
Increase (decrease) in abandonment costs  242,815   (115,608)  14,184   -   -   -   141,391 
Capitalized interest  -   -   553,061   -   -   -   553,061 
Exchange differences capitalized  -   -   110,485   -   -   -   110,485 
Disposals  (94,227)  (187,964)  (32,842)  (5,060)  (9,786)  (70,445)  (400,324)
Foreign currency translation  5,093,932   2,526,312   159,154   258,070   354,898   190,381   8,582,747 
Other (reclassifications)  13,288,547   2,481,567   (16,245,630)  271,364   (3,370)  98,280   (109,242)
Balance at December 31, 2015  37,360,222   26,856,085   11,015,010   6,479,356   4,068,951   3,653,798   89,433,422 
                             
Accumulated depreciation and Impairment                            
Balance at December 31, 2014  (7,446,991)  (6,071,305)  (1,209,229)  (1,146,453)  (70,332)  (397,054)  (16,341,364)
Depreciation expense  (1,168,864)  (1,300,687)  -   (329,396)  -   (124,309)  (2,923,256)
Impairment (Nota 17)  (2,787,539)  (584,736)  (509,195)  (161,431)  (13,689)  (88,164)  (4,144,754)
Disposals  75,305   90,389   -   4,208   -   64,283   234,185 
Foreign currency translation  (219,358)  (481,180)  (404,872)  (37,259)  -   (10,491)  (1,153,160)
Other (reclassifications)  (1,922,302)  (224,854)  2,103,730   (28,460)  70,332   1,554   - 
Balance at December 31, 2015  (13,469,749)  (8,572,373)  (19,566)  (1,698,791)  (13,689)  (554,181)  (24,328,349)
Net balance at December 31, 2015  23,890,473   18,283,712   10,995,444   4,780,565   4,055,262   3,099,617   65,105,073 

(1)In October 2015, the Refinería de Cartagena project started its operations. Part of the investment in this project, which had been accumulated under Construction in progress ($13,853,231), was reclassified to different fixed asset classes to begin depreciation thereof.

The balance for projects in progress at December 31, 2015, primarily consists of investments for development projects in the Castilla, Rubiales and Chichimene fields as well as projects to modernize the Barrancabermeja refinery and the industrial services master plan.

 F-54

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

16.Natural and environmental resources

 

The following shows a breakdownis the movement of the changes in Natural and environmentalnatural resources and its depletionamortization and impairment for the years ended December 31, 20162017 and 2015. The depletion method used is units of production.2016:

 

  Oil and gas
 investments
  Asset retirement
cost
  Exploration and
evaluation (1)
  Total 
Cost                
Balance at December 31, 2015  44,148,353   1,762,374   6,189,142   52,099,869 
Additions/capitalizations  3,045,474   10,391   (934,570)  2,121,295 
Increase (decrease) in abandonment costs  -   566,213   (4,062)  562,151 
Disposals  (26,548)  (37,942)  (121,032)  (185,522)
Dry wells (2)  -   -   (342,691)  (342,691)
Capitalized interest  -   -   98,431   98,431 
Capitalized exchange differences  -   -   7,259   7,259 
Foreign currency translation  (352,766)  (8,049)  (103,728)  (464,543)
Other (reclassifications)  264,583   11,928   29,375   305,886 
Balance at December 31, 2016  47,079,096   2,304,915   4,818,124   54,202,135 
                 
Accumulated depletion and impairment                
Balance at December 31, 2015  (26,874,774)  (1,181,798)  -   (28,056,572)
Depletion expense  (3,496,998)  (208,769)  -   (3,705,767)
Impairment (Note 17)  (239,151)  -   -   (239,151)
Disposals  26,320   37,942   -   64,262 
Foreign currency translation  218,898   5,171   -   224,069 
Others  (104,710)  (43,219)  -   (147,929)
Balance at December 31, 2016  (30,470,415)  (1,390,673)  -   (31,861,088)
Net balance at December 31, 2016  16,608,681   914,242   4,818,124   22,341,047 
  Oil
investments
  Asset
retirement
cost
  Exploration and
evaluation (1)
  Total 
Cost                
Balance as of December 31, 2016  47,079,096   2,304,915   4,818,124   54,202,135 
Additions/capitalizations  2,422,203   59,345   944,857   3,426,405 
Acquisition of interests in joint operations (Note 32.3)  141,950   -   -   141,950 
Adjustment to fair value of participation in joint operations (Note 32.3)  451,095   -   -   451,095 
Increase (decrease) in abandonment costs  224   (143,241)  25,935   (117,082)
Disposals  (38,072)  (629)  (214,850)  (253,551)
Dry wells (2)  -   -   (898,264)  (898,264)
Capitalized financial interests  72,395   -   9,952   82,347 
Exchange differences capitalized  4,913   -   675   5,588 
Foreign currency translation  (62,446)  (573)  (14,504)  (77,523)
Transfers (3)  112,500   (4,554)  (163,117)  (55,171)
Balance as of December 31, 2017  50,183,858   2,215,263   4,508,808   56,907,929 
                 
Accumulated amortization and impairment losses                
Balance as of December 31, 2016  (30,470,415)  (1,390,673)  -   (31,861,088)
Depletion expense  (3,979,179)  (194,140)  -   (4,173,319)
Recovery (losses) for impairment (Note 18)  376,934   -   -   376,934 
Disposals  37,808   290   -   38,098 
Foreign currency translation  42,114   245   -   42,359 
Transfers (3)  (22,225)  (423)  -   (22,648)
Balance as of December 31, 2017  (34,014,963)  (1,584,701)  -   (35,599,664)
                 
Net balance as of December 31, 2016  16,608,681   914,242   4,818,124   22,341,047 
Net balance as of December 31, 2017  16,168,895   630,562   4,508,808   21,308,265 

(1)The balance of exploration and evaluation includes mainly investments made in the Purple Angel, Tayrona and unconventional hydrocarbons projects and in the developing fields, Piedemonte, Castilla y Tibú.
(2)Includes mainly dry wells in operation of: 1) Ecopetrol S.A. for (COP$450,524): Kronos, Brama, Catfish and Venus, among others, 2) Ecopetrol America Inc for (COP$312,684): Warrior # 2 and Parmer and 3) Ecopetrol Costa Afuera for (COP$57,877): Molusco.
(3)Corresponds mainly to transfers to property, plant and equipment.

F-56

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

  Oil investments  Asset retirement
cost
  Exploration and
evaluation (1)
  Total 
Cost                
Balance as of December 31, 2015  44,148,353   1,762,374   6,189,142   52,099,869 
Additions/capitalizations  3,045,474   10,391   (934,570)  2,121,295 
Increase (decrease) in abandonment costs  -   566,213   (4,062)  562,151 
Disposals  (26,548)  (37,942)  (121,032)  (185,522)
Dry wells (2)  -   -   (342,691)  (342,691)
Capitalized financial interests  -   -   98,431   98,431 
Exchange differences capitalized  -   -   7,259   7,259 
Foreign currency translation  (352,766)  (8,049)  (103,728)  (464,543)
Other  264,583   11,928   29,375   305,886 
Balance as of December 31, 2016  47,079,096   2,304,915   4,818,124   54,202,135 
                 
                 
Accumulated depreciation and impairment loss                
Balance as of December 31, 2015  (26,874,774)  (1,181,798)  -   (28,056,572)
Depletion expense  (3,496,998)  (208,769)  -   (3,705,767)
Impairment (Note 18)  (239,151)  -   -   (239,151)
Disposals  26,320   37,942   -   64,262 
Foreign currency translation  218,898   5,171   -   224,069 
Other  (104,710)  (43,219)  -   (147,929)
Balance as of December 31, 2016  (30,470,415)  (1,390,673)  -   (31,861,088)
                 
Net balance as of December 31, 2015  17,273,579   580,576   6,189,142   24,043,297 
Net balance as of December 31, 2016  16,608,681   914,242   4,818,124   22,341,047 

 

(1)The balance of exploration and evaluation mainly includes investments in production projects of direct operation in Castilla, Chichimene and Piedemonte. Additionally, it includes offshore exploration projects: Fuerte Sur, Kronos and Tayrona and Onshore: Caño Sur block, CPO 10 and non-conventional hydrocarbons program.
(2)Includes dry wells in operation of: 1) Ecopetrol for COP$302,965,302,965; 2) ECP Oil and Gas Germany GmbH for COP$26,273,26,273; 3) Ecopetrol America IncInc. for COP$5,032,5,032; 4) Hocol S.AS.A. for COP$5,049 and 5) Ecopetrol Brasil for COP$3,372.
(3)Corresponds mainly toof transfers to: a) non-current assets held for sale for COP$244,387 and b) property, plant and equipment for COP$(68,898) and c) other COP$(17,532).

 

  F-55F-57 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

  Oil and gas
investments
  Asset retirement
cost
  Exploration and
evaluation (1)
  Total 
Cost                
Balance at December 31, 2014  37,168,922   1,895,149   6,114,019   45,178,090 
Additions/capitalizations  5,776,253   9,520   1,070,988   6,856,761 
Decrease in abandonment costs  -   (139,670)  -   (139,670)
Disposals  (13,475)  -   (56,962)  (70,437)
Dry wells (2)  -   -   (1,266,440)  (1,266,440)
Capitalized interest  -   -   191,365   191,365 
Capitalized exchange differences  -   -   39,416   39,416 
Foreign currency translation  1,031,595   6,299   272,890   1,310,784 
Other (reclassifications)  185,058   (8,924)  (176,134)  - 
Balance at December 31, 2015  44,148,353   1,762,374   6,189,142   52,099,869 
                 
Accumulated depletion and impairment                
Balance at December 31, 2014  (20,223,671)  (833,755)  -   (21,057,426)
Depletion expense  (3,424,212)  (300,650)  -   (3,724,862)
Impairment (Note 17)  (2,865,077)  -   -   (2,865,077)
Disposals  9,040   -   -   9,040 
Foreign currency translation  (356,815)  (61,432)  -   (418,247)
Others  (14,039)  14,039   -   - 
Balance at December 31, 2015  (26,874,774)  (1,181,798)  -   (28,056,572)
Net balance at December 31, 2015  17,273,579   580,576   6,189,142   24,043,297 

(1)The balance for exploration and evaluation primarily includes investments in production projects (direct operation) in Castilla, Chichimene, Apiay, Tibu and Piedemonte. It also includes exploration projects: Kronos, unconventional hydrocarbons and Tayrona.

(2)It mainly includes dry wells in Ecopetrol S.A. operations for COP$ 912,695, Ecopetrol America Inc. for COP$131,447, Hocol S.A. for COP$139,362 and ECP Oil and Gas Germany GmbH for COP$82,936.

 F-56

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

Accounting for suspended exploratory wells

 

The following table shows the classification by ages, from the completion date, of the exploratory wells that are suspended as of December 31, 2017, 2016 2015 and 2014:2015:

 

 2016  2015  2014  2017  2016  2015 
Between 1 and 3 years(a)  611,682   490,184   416,687   600,767   1,300,874   490,184 
Between 3 and 5 years(b)  197,997   100,316   25,703   791,261   197,997   100,316 
More than 5 years(c)  153,552   161,392   41,621   250,219   153,552   161,392 
Total suspended exploratory wells  963,231   751,892   484,011   1,642,247   1,652,423   751,892 
No. of projects exceeding 1 year  24   59   42   24   24   59 
Wells under 1 year of suspended  90,486   280,801   259,932   2,480   528,313   280,801 

 

It corresponds mainly to exploratory wells of Ecopetrol, OIG and Hocol.

(a)Corresponds mainly to discovery wells of Ecopetrol America Inc: Leon 2 and Warrior # 1, which are under evaluation.

 

(b)The balance corresponds mainly to discovery wells of Ecopetrol America Inc: Leon 1, which are under evaluation and Rydberg which is currently working on the development plan and feasibility studies.

(c)Corresponds mainly to wells of Offshore International Group, which are temporarily abandoned.

  F-57F-58 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

17.Impairment on property, plant and equipment and natural and environmental resourcesIntangible assets

 

In accordance with thatThe following is the movement of intangibles and their amortization and impairment for the years ended December 31, 2017 and 2016:

  Licenses and
software
  Other
intangibles (1)
  Total 
Cost            
Balance as of December 31, 2016  784,320   138,982   923,302 
Acquisitions  169,545   6,323   175,868 
Disposals  (9,469)  -   (9,469)
Foreign currency translation  (1,414)  (92)  (1,506)
Transfers  17,574   23,339   40,913 
Balance as of December 31, 2017  960,556   168,552   1,129,108 
Accumulated amortization            
Balance as of December 31, 2016  (583,680)  (67,490)  (651,170)
Amortization of the period  (89,216)  (18,830)  (108,046)
Disposals  8,744   -   8,744 
Foreign currency translation  979   -   979 
Transfers  (2,242)  2,853   611 
Balance as of December 31, 2017  (665,415)  (83,467)  (748,882)
             
Net balance as of December 31, 2016  200,640   71,492   272,132 
Net balance as of December 31, 2017  295,141   85,085   380,226 
Useful life  < 5 years   < 7 years     

  Licenses
and software
  Other
intangibles (1)
  Total 
Cost            
Balance as of December 31, 2015  733,115   244,063   977,178 
Additions  63,560   5,693   69,253 
Disposals  (29,099)  -   (29,099)
Foreign currency translation  (9,359)  (149)  (9,508)
Reclassifications  26,103   (110,625)  (84,522)
Balance as of December 31, 2016  784,320   138,982   923,302 
Accumulated amortization            
Balance as of December 31, 2015  (533,784)  (55,343)  (589,127)
Amortization expense  (81,913)  (28,142)  (110,055)
Disposals  29,097   -   29,097 
Foreign currency translation  8,527   1   8,528 
Reclassifications  (5,607)  15,994   10,387 
Balance as of December 31, 2016  (583,680)  (67,490)  (651,170)
             
Balance as of December 31, 2015  199,331   188,720   388,051 
Balance as of December 31, 2016  200,640   71,492   272,132 
Useful life  < 5 years   < 7 years     

(1)Corresponds mainly to easements.

F-59

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

18.Impairment of long-term assets

As mentioned in sectionNote 4.12, of the accounting policies everyeach year the CompanyGroup assesses ifwhether there are any indications of impairment inof its assets or cash generating units.cash-generating units or whether an impairment loss recognized in previous periods may be reversed.

  

The Companyimpairment of our non-current assets includes expenses (or recovery) of impairment of property, plant and equipment and natural resources, investments in companies, goodwill and other non-current assets. The Group is exposed to certain future risks derived mainly from variations in: a)(i) the oil prices b)outlook, (ii) refining margins and profitability, c)(iii) cost profile, d) investment(iv) investments and maintenance e) amountexpenses, (v) amounts of recoverable reserves, f)(vi) market and country risk assessments reflected onin the discount rate, g)and (vii) changes in domestic and international regulations, etc. among others.

Any change in the foregoing variables used to calculate the recoverable amount of a non-current asset can have a material effect on the recognition or either losses or recovery of impairment charges. For example,charges in the profit or loss statement. In our business segments highly sensitive variables can include, among others: (i) in the exploration and production segment, is highly sensitive to variationvariations of the hydrocarbon prices whileoutlook; (ii) in the refining segment, is highly sensitive to thechanges in product and crude oil prices, discount rate, givenrefining margins, changes in environmental regulations, cost structure and the leveraginglevel of saidcapital expenditures; and (iii) in the transport and logistics segment, as well as the refining margins.changes in tariffs regulation and volumes transported.

Expense (recovery) for impairment

 

Based on impairment tests conducted by the Company,Group, the following (recoveries) losses for impairment losses (reversals) were recordedof long term assets for the years ended on December 31, 2017, 2016 and 2015 and 2014:are presented:

 

  2016  2015  2014 
Impairment (recovery)            
Exploration and production  68,590   3,649,451   853,179 
Refining and petrochemicals  773,361   3,278,993   1,336,158 
Transportation and logistics  (41,062)  81,387   496 
   800,889   7,009,831   2,189,833 
Recognized in:            
Property, plant and equipment (Note 15)  561,738   4,144,754   1,491,809 
Natural resources (Note 16)  239,151   2,865,077   694,720 
Intangibles (Note 18)  -   -   3,304 
   800,889   7,009,831   2,189,833 
Expense (recovery of)  impairment by segment 2017  2016  2015 
Production and exploration  (183,718)  196,448   4,504,495 
Refining and Petrochemicals  (1,067,965)  773,361   3,278,993 
Transport and Logistics�� (59,455)  (41,062)  81,387 
   (1,311,138)  928,747   7,864,875 
             
Recognized in:            
Property, plant and equipment (Note 15)  (977,919)  561,738   4,144,754 
Natural resources (Note 16)  (376,934)  239,151   2,865,076 
Investment in joint ventures and associates (Note 14)  15,059   127,858   588,144 
Other non-current assets  28,656   -   - 
Goodwill  -   -   266,901 
   (1,311,138)  928,747   7,864,875 

 

17.118.1Exploration and production segment

 

The expense (recovery)expenses for (recovery of) asset impairment of assets of the explorationExploration and productionProduction segmentfor the years ended December 31 of 2017, 2016 and 2015 and 2014 comprises:is as follows:

 

2016

 

Cash-generating unit

 Carrying amount  Recoverable
amount
  Impairment loss
(reversal)
 
Fields in Colombia            
Expense  5,258,265   4,902,943   1,117,020 
Recovery  17,502,391   36,704,807   (1,090,434)
Fields abroad            
Expense  688,895   647,272   42,004 
           68,590 

2015

Cash-generating unit Carrying amount  Recoverable
Amount
  Impairment loss
(reversal)
 
Fields in Colombia  10,323,500   7,645,665   2,430,923 
Fields abroad  1,242,979   24,451   1,218,528 
           3,649,451 

2014

Cash-generating unit Carrying amount  Recoverable
Amount
  Impairment loss
(reversal)
 
Fields in Colombia  4,186,400   5,581,870   841,937 
Fields abroad  477,484   466,242   11,242 
           853,179 
  2017  2016  2015 
Oilfields  (188,873)  68,590   3,649,451 
Investment in joint ventures and associates (Note 14)  5,155   127,858   588,144 
Goodwill  -   -   266,900 
   (183,718)  196,448   4,504,495 

 

  F-58F-60 

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

18.1.1Oilfields

In 2017, based on new market variables, incorporation of new reserves, Ecopetrol’s crude oil basket price discounts as compared to the ICE Brent crude price, available technical and operational information, there was a partial reversal of animpairment recognized in previous years for the oil fields that operate in ColombiaCPO09, Casabe and Oripaya and in fields operated abroad Gunflint Dalmatian and K2, and an impairment in the Tibú, Underriver, Provincia and Orito fields.

 

In 2016, as a result of revising the expectedrevision of prospective oil prices in the long term, oil prices it was identified that some impairments recognized in previous years for oil fields shouldcould be reversed.recovered due to an improved future price scenarios. The main fields foron which there was a recovery of impairment reversal were mainly Chichimene, Caño Sur, Apiay and Llanito. On the other hand,Similarly, the new technical information and operational aspects that gave rise to changes in investment levels resultedcaused an impairment in the recognition of an impairment charge in Casabe, Tibú, Gunflint and Niscota fields.

The breakdown of the expenses for (recovery of) impairment of fields for the years ended December 31, 2017, 2016 and 2015 includes:

2017

Cash generating units 

 Carrying amount  Recoverable
amount
  Expense for
(recovery of)
impairment
 
Oil fields in Colombia            
Expense  2,172,747   1,588,207   584,540 
Recovery  13,229,212   23,906,828   (298,210)
Fields operated abroad            
Recovery  748,510   1,324,010   (475,203)
           (188,873)

2016

Cash generating units 

 Carrying amount  Recoverable
amount
  Expense for
(recovery of)
impairment
 
Oil fields in Colombia            
Expense  5,258,265   4,902,943   1,117,020 
Recovery  17,502,391   36,704,807   (1,090,434)
Fields operated abroad            
Expense  688,895   647,272   42,004 
           68,590 

2015

Cash generating units Carrying amount  Recoverable
amount
  Expense for
(recovery of)
impairment
 
Oil fields in Colombia  10,323,500   7,645,665   2,430,923 
Fields operated abroad  1,242,979   24,451   1,218,528 
           3,649,451 

F-61

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

The assumptions used in the model to determine the recoverable amountsamount include:

 

-The fair value less the costcosts of disposal of assets in the explorationExploration and productionProduction segment assets was determined based on cash flows after taxes that aretax derived from the business plans approved by Company management; theseGroup's management, which are developed based on the base of long termlong-term macroeconomic variablespolicies and fundamental assumptions of supply and demand assumptions.demand. The fair value category is level 3.

 

-Balance of oil and gas reserves, in addition to proven reserves included in Note 34; probable and possible reserves were also considered, adjusted by different risk factors.

-The real discount rate in real terms determined as the average weighted average cost of capital of market participants (WACC) was established for each company in the segment with rates ranging between 7.9% and 8.9% (2015(20168.4%7.9% and 8.9%).

 

-Oil price - Brent: The forecasts include US$56.8/52.9/barrel for 2017,2018, US$67.9/72.5/barrel average for the next six years and US$81.9/barrel as of 2030. In 2016, the assumptions made used a price of US$56.8/ barrel in 2017, US $67.9/barrel average for the medium term and US$80/barrel in the long-termlong term. International oil price projections were carried out by an independent agency specializing in annual prices. Prices are based on information provided by specialized market analystsoil and management analysts. The variation in estimations of future prices are generated bygas, which takes into account the forecast of fundamentals made by market analysts which include current scenarios of oil quota agreements of the OPEC (Organization of Petroleum Exporting Countries) and the impact of the changes onin specifications issued by the Marpol (abbreviationinternational agreement to prevent pollution by ships (Marpol) as of marine pollution) agreementthe year 2020 on crude and fuels with high sulfur content.

 

For 2015, the estimated prices were US$40/barrel for the short term reaching US$60 in the medium and long term. Prices were based on information provided by specialized market analysts and management analysts.

-Certified balance of oil and gas reserves, in addition to prove reserves included in Note 37, probable and possible reserves were also considered adjusted by different risk factors.

The aggregation of assets to identify the CGU'sCGUs is consistent as compared to the priorprevious period.

In 2015, the impairment expense was caused mostly by the adverse economic context of the hydrocarbon industry, which translated into a decrease in the oil price forecast and increase in the market and country risks reflected on the discount rate and the reduction on the recoverable amount of reserves. The most representative cash generating units impacted for the foregoing factors were the oil fields operated at domestic level: Casabe, Chichimene, Tibú, CP09, Apiay, Llanito and La Hocha and the fields in the Gulf of Mexico K2 and Dalmatian.

 

17.218.1.2RefiningInvestment in associates and petrochemicalsjoint ventures from Exploration and Production segment

 

AssetsInvestments in associated companies and joint ventures in the segment are recorded through the equity method. Ecopetrol evaluates if there is any objective evidence to determine if the value of such investments has deteriorated in the period, especially those Companies that were acquired with goodwill.

As a result, Ecopetrol recognized an expense for (recovery of) impairment in the refiningvalue of its investments in companies as of December 31, as follows:

  2017  2016  2015 
Equion Energy Limited  42,744   81,155   172,528 
Offshore International Group  (37,589)  46,703   415,616 
Total  5,155   127,858   588,144 

The assumptions used to determine the recoverable amount of the companies assessed are those described in Note 18.1.1, except for the use of a discount rate in real terms in 2017 for Equion Energía Limited of 8.2% (2016 - 8.9%) and petrochemicalsfor Offshore International Group of 8.6% (2016 - 8.0%).

F-62

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

In 2017, because of new market variables, new reserves, price differentials against reference indicators, and available technical and operational information, there was a recovery of animpairment recognized in previous years for Offshore International Group and Equion Energy.

For 2016, in spite of better forecasts of oil prices in the long term, there was an additional impairment in the investment in the Offshore International Group for the reversion to local authorities of some low-prospective success exploration blocks, high geological risk, and low economic viability with respect to a new price scenario.

18.2Refining and Petrochemical segment

The Cash Generating Units with an expense for (recovery of) impairment in the Refining and Petrochemical segment for the years ended December 31 of 2017, 2016 and 2015 and 2014 comprises:include:

2017

Cash generating units Carrying amount  Recoverable
amount
  (Recovery)
expense for
impairment
 
Refinería de Cartagena  20,578,412   22,012,710   (1,434,298)
Refinería de Barrancabermeja (projects)  1,172,773   898,786   273,987 
Bioenergy  757,741   665,395   92,346 
   22,508,926   23,576,891   (1,067,965)

 

2016

 

Cash-generating unit Carrying amount  Recoverable
amount
  Expense for
impairment
 
Refinería de Cartagena  21,672,367   21,206,515   465,852 
Bioenergy  925,955   618,446   307,509 
   22,598,322   21,824,961   773,361 

 F-59

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Cash generating units Carrying amount  Recoverable
amount
  Expenses for
impairment
 
Refinería de Cartagena  21,672,367   21,206,515   465,852 
Bioenergy  925,955   618,446   307,509 
   22,598,322   21,824,961   773,361 

 

2015

 

Cash-generating unit Carrying amount  Recoverable
amount
  Expense for
impairment
 
Cash generating units Carrying amount  Recoverable
amount
  Expenses for
impairment
 
Refinería de Cartagena  26,561,335   23,335,096   3,226,240   26,561,335   23,335,096   3,226,240 
Bioenergy  642,139   589,386   52,753   642,139   589,386   52,753 
  27,203,474   23,924,482   3,278,993   27,203,474   23,924,482   3,278,993 

2014The aggregation of assets for identifying the CGUs is consistent across these periods.

 

Cash-generating unit Carrying amount  Recoverable
amount
  Expense for
impairment
 
Refinería de Cartagena  18,794,568   17,469,140   1,325,428 
Otros menores  100,311   89,581   10,730 
   18,894,879   17,558,721   1,336,158 

Refinería de Cartagena

18.2.1Refinería de Cartagena

 

The recoverable amount forof the Refinería de Cartagena was calculated based on the fair value less costcosts of disposal, with levelwhich is higher than its value in continued use. The fair value less costs of hierarchy 3, which corresponds todisposal of the futureRefinería de Cartagena was determined based on cash flows discounted after taxes. taxes that are derived from business plans approved by the Group's management, which are developed based on market prices provided by a third party expert, which considers long-term macroeconomic variables and fundamental supply and demand assumptions for crude and refined products. The fair value category is level 3.

The assumptions used in the model to determine the recoverable amountsamount included: a) an averagea gross refining margin of US$18.9/barrel (2015 - US$17.5), determined by specialists of market participants;crude oil feedstock and products price outlook provided by an independent third party expert; b) adjustments associated with effects of the stabilization period; c) an actual discount rate of 6.3% (20156.0% (2016 - 7.2% and 2014 – 7.1%6.3%) determined under the WACC methodology; and d) extension ofc) current conditions andor benefits, or similar, as industryan industrial user of goods and services inof the free trade zone and during the termvalidity of the license.license; d) level of costs and long-term operating expenses in line with international refinery standards of similar configuration and conversion capacity, e) refinery throughput and production, and f) level of continued investment.

F-63

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

In 2017, we recorded a partial reversal of the impairment recorded in previous periods primarily as a result of: a) an improved outlook in refining margins due to the ratification of the implementation of the International Convention for the Prevention of Pollution from Ships (Marpol) starting in 2020; b) a lower discount rate resulting from the application of WACC methodology; and c) operational and financial optimizations identified as part of the stabilization of the refinery.

 

In 2016, there iswe recorded an impairment loss generatedcaused mostly by adjustment of operational variables based on what was that observed data during the stabilization period, offset by a lower discount rate and better refining margins.

 

18.2.2Refinería de Barrancabermeja

The

In compliance with the provisions of IAS 36 - Impairment of the value of assets, during 2017 the Refinería de Barrancabermeja recognized COP$273,987 for impairment, expensemainly related to the write off of certain management and financial capitalized balances associated with the suspended the modernization project of the Refinery. This suspension is in 2015 was caused mostly byresponse to capital discipline criteria implemented to ensure the growth and financial sustainability of Ecopetrol S.A. and the Ecopetrol Business Group in the adverse economic context ofthat the hydrocarbon industry, which translated into reduction ofhydrocarbons sector experienced in previous years. This project is being assessed within the refining market expectationsGroup’s strategic plan; and when the project is reactivated, any impairment loss recognized in comingprevious years an increase country and market risk that was reflected on the discount rate.may be subject to recovery.

 

Bioenergy

18.2.3Bioenergy

 

The recoverable amount forof Bioenergy was calculated based on the fair value in use,less the costs of disposal level with value hierarchy 3, which is greater than the fair value less cost of disposalin continued use and corresponds to the future cash flows discounted before taxes. after taxes on profit.

The assumptions used in the model to determine the recoverable amount included: a) forecast of ethanol prices based on projections made by home office specialists;Ecopetrol specialists based on independent third party sources; and b) a 6.7%6.2% discount rate in actualreal terms (2015(20166.8%6.7% in actualreal terms) determined under the WACC methodology.

 

In 2017 and 2016, and 2015, the Companywe recorded an impairment loss,mainly due to mainly byupdating of the dates of entry into operation of the project, the stabilization process of the industrial plant, and the updating of the start date of operations and changes in product price projections.operational variables.

 

17.318.3TransportationTransport and logisticsLogistics segment

 

In 2016,2017, there was a recovery of an impairment recovery for the transportTransportation and logisticsLogistics segment for COP$59,455, mainly in Oleoducto del Sur, which includes, among others, the Trans Andino Pipeline. The recovery was due to the inclusion of the Port of Tumaco in that generating unit.

The recovery of COP$41,062 (2015 - COP$81,387 and 2014 - COP$496 of impairment expense)in 2016 was caused mainly by the incorporation of flows associated towith the San Fernando - Apiay system project, thatwhich affects the recoverable amount of theLos Llanos transport line, but was offset with greaterby the impairment onof the southernSur transport line.

The recoverable amount of these assets was determined based on its fair value lesswith costs of disposal costs with level ofvalue hierarchy 3, which corresponds to discounted cash flows based on the hydrocarbon production curves and ratestariffs regulated by the Ministry of Mines and Energy and the Energy and Gas Regulating Commission - CREG. The actualreal discount rate used in the valuation was 4.98% (2015 - 5.9% and 2014 -7.2%5.0% (2016 -4.98%).

 

  F-60F-64 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

18.Intangibles

The following shows a breakdown of the changes in Intangibles and their amortization for the years ended December 31, 2016 and 2015:

  Licenses and
software
  Other
intangibles (1)
  Total 
Cost            
Balance at December 31, 2015  733,115   244,063   977,178 
Additions  63,560   5,693   69,253 
Disposals  (29,099) ��-   (29,099)
Foreign currency translation  (9,359)  (149)  (9,508)
Reclassifications  26,103   (110,625)  (84,522)
Balance at December 31, 2016  784,320   138,982   923,302 
             
Accumulated amortization            
Balance at December 31, 2015  (533,784)  (55,343)  (589,127)
Amortization expense  (81,913)  (28,142)  (110,055)
Disposals  29,097   -   29,097 
Foreign currency translation  8,527   1   8,528 
Reclassifications  (5,607)  15,994   10,387 
Balance at December 31, 2016  (583,680)  (67,490)  (651,170)
             
Net balance at December 31, 2016  200,640   71,492   272,132 
Useful life  <5 years   <7 years     

  Licenses and
software
  Other
intangibles (1)
  Total 
Cost            
Balance at December 31, 2014  575,535   127,519   703,054 
Additions  107,815   4,440   112,255 
Disposals  (615)  -   (615)
Foreign currency translation  53,242   -   53,242 
Reclassifications  (2,862)  112,104   109,242 
Balance at December 31, 2015  733,115   244,063   977,178 
             
Accumulated amortization            
Balance at December 31, 2014  (425,357)  (32,545)  (457,902)
Amortization expense  (66,043)  (24,196)  (90,239)
Disposals  309   23   332 
Foreign currency translation  (41,318)  -   (41,318)
Reclassifications  (1,375)  1,375   - 
Balance at December 31, 2015  (533,784)  (55,343)  (589,127)
             
Net balance at December 31, 2015  199,331   188,720   388,051 
Useful life  <5 years   <7 years     

(1)It includes mainly easements and right of use of the pipeline Caño Limón - Coveñas.

 F-61

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

19.Goodwill

 

The balance atas of December 31, 2017 and 2016 and 2015 of Goodwill fromgoodwill in acquisitions of controlled companiessubsidiaries is comprised as follows:

 

  2016  2015 
Transportation and logistics        
Oleoducto Central S.A.  683,496   683,496 
Exploration and production        
Hocol Petroleum Limited  537,598   537,598 
Refining and petrochemicals        
Andean Chemical Limited  127,812   127,812 
Propilco S.A.  108,137   108,137 
   1,457,043   1,457,043 
Less: Impairment loss of Hocol Petroleum Ltd  (297,121)  (297,121)
Total  1,159,922   1,159,922 
  2017  2016 
Transport and Logistics        
Oleoducto Central S.A.  683,496   683,496 
Exploration and Production        
Hocol Petroleum Ltd.  537,598   537,598 
Refining and Petrochemicals        
Andean Chemical Ltd  127,812   127,812 
Propilco S.A  108,137   108,137 
   1,457,043   1,457,043 
Less impairment Hocol Petroleum Ltd.  (297,121)  (297,121)
   1,159,922   1,159,922 

 

AtAs of December 31, 2017 and 2016, the CompanyGroup assessed the recoverability of the carrying value of goodwill generated in the acquisition of controlled companies.subsidiaries. The recoverable amount was determined based on the fairrealization value less costcosts of disposal using the present value of future cash flows for each of the companies acquired. Future cash flows was based onacquired with goodwill. The source of information used the financial projections of each company derived from the business plans approved by management, which were developed based on long term macro-economic factors such as price curves and margins and fundamental assumptions of supply and demand. As a result of the analysis, the CompanyGroup did not identify any goodwill impairment.

In 2015, given the adverse economic environment faced by the hydrocarbon sector the Company was exposed to certain future risks such as a further decline in oil prices, lower refining margins, lower profit margins, changes in cost profiles, changes in levels of capital expenditures and maintenance, a reduction in recoverable reserves amount, and an increase in market and country risk that is reflected in a higher discount rate. Any significant change in the estimates and judgments used to calculate these variables can have a material effect on the recognition of goodwill impairment charges. Different variables have different impact on segments. For example, the Exploration and Production segment is highly sensitive to the price of hydrocarbons, while the Refining segment is highly sensitive to the discount rate given the leverage in that segment. As a result, at December 31, 2015 the company recognized a goodwill impairment of COP$266,900 in Hocol Petroleum Limited, due mainly from the current adverse economic context faced by the hydrocarbon sector. Regarding goodwill allocated to the Transportation and Logistics Segment and the Refining and Petrochemicals Segment Ecopetrol did not identify the need to recognize any goodwill impairment.

 

  F-62F-65 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

20.Loans and borrowings

Exhibit 2 details the main conditions of the most significant loans of the Business Group.

 

20.1Composition of loans and borrowings

 

The balancebalances of the loans and financing, which are recorded at amortized cost, as of December 31, 2017 and 2016 and 2015 is comprised as follows:are:

 

  Weighted average
effective interest rate at
December 31,
2016 / 2015
 2016  2015 
Local currency          
Bonds 8.6% / 9.8%  2,008,203   1,960,695 
Syndicated loan 9.5% / 7.7%  3,828,329   4,226,454 
Commercial loans and other 9.1% / 7.9%  905,266   945,331 
Total local currency    6,741,798   7,132,480 
           
Foreign currency          
Bonds 6.0% / 6.1%  29,310,165   29,121,535 
Commercial loan-Refinería de Cartagena 4.1% / 4.1%  7,988,678   9,107,938 
Other commercial loans 2.9% / 2.1%  7,945,693   7,101,195 
Other (1)    235,693   760,190 
Total foreign currency    45,480,229   46,090,858 
Total loans and borrowings    52,222,027   53,223,338 
Less short-term    4,126,203   4,573,620 
Total long-term    48,095,824   48,649,718 
  Weighted average
effective interest rate as
of December 31
  2017  2016 
 2017  2016       
Local currency            
Bonds  8.9%  8.6%  1,692,471   2,008,203 
Syndicated loan  8.7%  9.5%  3,307,950   3,828,329 
Other (1)  7.7%  9.1%  978,795   905,266 
           5,979,216   6,741,798 
                 
Foreign currency                
Bonds  6.1%  6.1%  29,166,594   29,310,165 
Commercial loans – Refinería de Cartagena  4.3%  4.1%  7,401,781   7,988,678 
Commercial loans  4.3%  2.9%  528,815   7,945,693 
Other (1)          471,429   235,693 
           37,568,619   45,480,229 
           43,547,835   52,222,027 
Current (2)          5,144,504   4,126,203 
Non-current          38,403,331   48,095,824 
           43,547,835   52,222,027 

 

(1)Includes financial leasing and debt in connection with build, operation,operate, maintenance and transfer (BOMT) contracts.

 

(2)The increase in the current portion is mainly due to the expiration of: i) the first tranche of local bonds issued by Ecopetrol S.A. in 2013, and ii) the 5-year series of international bonds issued in 2013 by Ecopetrol S.A.. These bonds mature in August and September 2018, respectively.

20.2NewMain movements of loans and borrowings

 

The main financing operations during 2016 and 2015 were as follows:

Bonds – Foreign- foreign currency

 

-§On June 8, 2016, Ecopetrol reopened its bonds maturingdue in September 2023 for US$ 500 million, with payment of principal at maturity and interest payable semi-annuallysemiannually at a coupon fixed rate of 5.875%. The newcurrent total outstanding amount of the bond in force is US$1.8 billion. 1,800 million.

 

-At June 2015, Ecopetrol S.A. issued US$1,500 million of bonds in the international market with payment of principal at maturity (June 26, 2026) and interest payable semi-anually at a coupon rate of 5.375%.

CommercialForeign currency commercial loans

 

§On January 29, 2016,June 30, 2017, Ecopetrol prepaid all of its international syndicated loan, whose nominal value was US$ 1,925 million and original maturity in February 2020. This loan was a hedging instrument for future oil exports.

§On December 15, 2017, Ecopetrol prepaid the loan entered into a commercial loan for US$175 millionin January 2016 with The Bank of Tokyo-Mitsubushi UFJ, Ltd. This loan has(BTMU), for a nominal value of US$ 175 million, which had an original term of 5 years, term, is amortizable with a 2.5 years of grace period on principal repayments and interest is payable semi-annuallysemiannually at athe Libor 6M rate of 6-M Libor(6 months) + 145 basis points.

 

  F-63F-66 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

§On December 15, 2017, Ecopetrol prepaid the loan acquired in May 16, 2016 Ecopetrol entered into a commercial loan for US$300 million with Export Development Canada the Canadian government’s export promotion agency.This loan has(EDC), for a 5-yearnominal value of US$ 300 million, which had an original term of 5 years, with principal payable at maturity and interest payable semi-annuallysemiannually at athe Libor 6M rate of 6-M Libor+(6 months) + 140 basis points rate.points.

Local currency commercial loans

 

·§On February 23, 2016, Ecopetrol entered into a bilateral commercial loancredit agreement with Bancolombia SA for COP$990,000, with Bancolombia S.A. which was canceledprepaid in early October 2016. This loan had an 8-yeara term of 8 years, amortizable with a 2 years of grace period on capitalprincipal repayments, with interest payable semi-annuallysemiannually at a DTF rate of TA + 560 basis points.

 

·§In February 2015,On August 14, 2017, Ecopetrol S.A. entered into an agreement for a commercial loancommitted credit line with Bancolombia S.A. for US$1,925 million. The operation was conductedCOP$990,000 as a contingent financing mechanism, has available for 2 years, with the participationfollowing conditions: 10-year term from the date of 8 international banks. The loan maturity date is February 2020 payablethe first disbursement, 2 years of grace on principal repayments, interest rate of IBR, at maturity with semiannual interest payments at Liborsix months + 140300 basis points.points and a commission of availability of 7.2 basis points per year on the amount not disbursed during the availability period. Under this facility, Bancolombia SA undertakes to disburse the resources when required by Ecopetrol as per the terms and conditions previously agreed between the parties. As of December 31, 2017, the use of resources from this credit line has not been required.

20.3Maturity of loans and borrowings

 

ForThe following are the acquisitionmaturities of loans and borrowing as of December 31, 2017:

  Up to 1
year (1)
  1-5 years  5-10 years  > 10 years  Total 
Local Currency                    
Bonds  253,172   742,512   322,956   373,831   1,692,471 
Syndicated loan  739,348   2,009,420   559,182   -   3,307,950 
Other  98,729   415,599   308,121   156,346   978,795 
   1,091,249   3,167,531   1,190,259   530,177   5,979,216 
Foreign currency                    
Bonds  2,651,174   9,948,238   12,018,813   4,548,369   29,166,594 
Commercial loans – Refinería de Cartagena  958,918   3,635,848   2,807,015   -   7,401,781 
Commercial loans  153,873   315,849   59,093   -   528,815 
Other  289,290   119,014   63,125   -   471,429 
   4,053,255   14,018,949   14,948,046   4,548,369   37,568,619 
   5,144,504   17,186,480   16,138,305   5,078,546   43,547,835 

(1)Includes short-term credit and the current portion of long-term debt, as applicable.

F-67

Ecopetrol S.A.

Notes to the above credits,consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

The following are the maturities of loans and borrowing as of December 31, 2016:

  Up to 1
year (1)
  1 - 5 years  5-10 years  > 10 years  Total 
Local currency                    
Bonds  312,207   955,204   357,015   383,777   2,008,203 
Commercial loans  793,743   2,375,023   659,563   -   3,828,329 
Others  58,952   333,372   339,009   173,933   905,266 
Total local currency  1,164,902   3,663,599   1,355,587   557,710   6,741,798 
                     
Foreign currency                    
Bonds  1,648,707   10,956,507   12,133,576   4,571,375   29,310,165 
Commercial loan Refinería  de Cartagena  875,734   3,549,216   3,472,379   91,349   7,988,678 
Other commercial loans  371,804   7,450,587   123,302   -   7,945,693 
Other  65,056   114,226   56,411   -   235,693 
Total foreign currency  2,961,301   22,070,536   15,785,668   4,662,724   45,480,229 
   4,126,203   25,734,135   17,141,255   5,220,434   52,222,027 

(1) Includes short-term credit and the current portion of long-term debt, as applicable.

20.4Breakdown by type of interest rate and currency

The following is the breakdown of loans and borrowing by type of interest rate as of December 31, 2017 and 2016:

  2017  2016 
Local currency        
Fixed rate  143,156   299,472 
Floating rate  5,836,060   6,442,326 
   5,979,216   6,741,798 
Foreign currency        
Fixed rate  35,062,742   35,719,486 
Floating rate  2,505,877   9,760,743 
   37,568,619   45,480,229 
   43,547,835   52,222,027 

The floating rate loans in local currency are indexed mainly to the CPI (Consumer Price Index) and the DTF (Fixed Term Deposits); and those in foreign currency loans at LIBOR plus a spread.

20.5Loans designated as hedging instrument

As of December 31, 2017, the Group designated US$8,532 million (2016 - US$10,512 million) of foreign currency debt as a hedging instrument of which, US$5,200 million is used to hedge the net investment in foreign operations with the US dollar as their functional currency and US$3,332 million is used to hedge the cash flows of future crude oil exports. See Note 30 - Risk management, for further information.

20.6Guarantees and covenants

Financing obtained directly by Ecopetrol S.A. in capital markets has no guarantees have been granted or financial covenant restrictions, due to the support of the Colombian Government through the Ministry of Finance and Public Credit.

 

Other

During 2016, the Company fully paid the short-term remittances financed in dollars with domestic banks for the payment of imports that were in effect as of December 31, 2015 in the amount of US$203 million with a financing rate of Libor + 65 basis points.

  F-64F-68 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

The following table detailsEcopetrol S.A.

Notes to the main characteristicsconsolidated financial statements

(Figures expressed in millions of the most significant loans of the Ecopetrol Business Group at December 31, 2016:Colombian pesos, unless otherwise stated)

 

        

Initial amount at

original currency

  Balance at December 31,      Principal  Interest  
Type Company Starting date Currency (millions)  2016  2015  Maturity Interest rate payment payment 
  Dec-10 COP $  138,700   138,700   138,700  dec-17 Floating Bullet* Semi-annually 
    Dec-10 COP $  479,900   479,900   479,900  dec-20 Floating Bullet Semi-annually 
    Dec-10 COP $  284,300   284,300   284,300  dec-40 Floating Bullet Semi-annually 
Bonds in  Ecopetrol S.A Aug-13 COP $  120,950   120,950   120,950  aug-18 Floating Bullet Semi-annually 
local-currency   Aug-13 COP $  168,600   168,600   168,600  aug-23 Floating Bullet Semi-annually 
    Aug-13 COP $  347,500   347,500   347,500  aug-28 Floating Bullet Semi-annually 
    Aug-13 COP $  262,950   262,950   262,950  aug-43 Floating Bullet Semi-annually 
Syndicated loan Ecopetrol S.A. May-13 COP $  1,839,000   1,736,833   1,839,000  may-25 Floating Semi-annually Semi-annually 
in local-currency Oleoducto Bicentenario Jul-12 COP $  2,100,000   1,549,625   1,717,625  jul-24 Floating Quarterly Quarterly 
  ODL Finance S.A. Aug-13 COP $  800,000   480,000   608,000  aug-20 Floating Quarterly Quarterly 
  Jul-09 US$  1,500   1,500**  1,500  jul-19 Fixed Bullet Semi-annually 
    Sep-13 US$  350   350**  350  sep-18 Fixed Bullet Semi-annually 
    Sep-13 US$  1,300   1,800**  1,300  sep-23 Fixed Bullet Semi-annually 
    Sep-13 US$  850   850   850  sep-43 Fixed Bullet Semi-annually 
Bonds in foreign Ecopetrol S.A. May-14 US$  2,000   2,000**   2,000  may-45 Fixed Bullet Semi-annually 
currency    Sep-14 US$  1,200   1,200**   1,200  may-25 Fixed Bullet Semi-annually 
    Jun-15 US$  1,500   1,500**   1,500  jun-26 Fixed Bullet Semi-annually 
    Jun-16 US$  500   500**   -  aug-23 Fixed Bullet Semi-annually 
  Oleoducto Central S.A. May-14 US$  500   500**   500  may-21 Fixed Bullet Semi-annually 
 Refinería de Dec-11 US$  2,747   2,177   2,394  dec-27 Fixed Semi-annually Semi-annually 
  Cartagena S.A. Dec-11 US$  310   246   270  dec-27 Floating Semi-annually Semi-annually 
    Dec-11 US$  440   374   402  dec-25 Floating Semi-annually Semi-annually 
   Mar-13 US$  245   171**  196  jul-23 Floating Semi-annually Semi-annually 
Commercial loans   Mar-13 US$  151   66**   105  jul-19 Floating Semi-annually Semi-annually 
in foreign currency Ecopetrol S.A. Feb-15 US$  1,925   1,925**   1,925  feb-20 Floating Bullet Semi-annually 
    Feb-16 US$  175   175   -  feb-21 Floating Semi-annually Semi-annually 
    May-16 US$  300   300   -  may-21 Floating Bullet Semi-annually 

* Bullet: Nominal value is fully paid onUntil December 13, 2017, when Ecopetrol voluntarily assumed the maturity date.

** Loans designatedinternational loan held by Reficar, in its capacity as hedging instrument (see Note 31).

 F-65

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

20.3Maturity of loans and borrowings

Thesponsor, the following is the maturity profile of loans as of December 31, 2016:

  Up to 1
year
  1 - 5 years  5-10 years  > 10 years  Total 
Local currency                    
Bonds  312,207   955,204   357,015   383,777   2,008,203 
Commercial loans  793,743   2,375,023   659,563   -   3,828,329 
Others  58,952   333,372   339,009   173,933   905,266 
Total local currency  1,164,902   3,663,599   1,355,587   557,710   6,741,798 
                     
Foreign currency                    
Bonds  1,648,707   10,956,507   12,133,576   4,571,375   29,310,165 
Commercial loan Refinería de Cartagena  875,734   3,549,216   3,472,379   91,349   7,988,678 
Other commercial loans  371,804   7,450,587   123,302   -   7,945,693 
Other  65,056   114,226   56,411   -   235,693 
Total foreign currency  2,961,301   22,070,536   15,785,668   4,662,724   45,480,229 
Total  4,126,203   25,734,135   17,141,255   5,220,434   52,222,027 

20.4Breakdown by type of interest rate

  2016  2015 
Local - currency        
Fixed interest rate  299,472   19,410 
Floating interest rate  6,442,326   7,113,070 
   6,741,798   7,132,480 
Foreign currency        
Fixed interest rate  35,719,486   36,994,095 
Floating interest rate  9,760,743   9,096,763 
   45,480,229   46,090,858 
Total loans and borrowings  52,222,027   53,223,338 

Local currency loans and borrowings at floating rates are mainly indexedrestrictions applied to the CPI (Consumer Price Index) and DTF (Fixed Term Deposit). The foreign currency loans and borrowings at floating rates are indexed mainly to Libor plusReficar: maintain a spread.

20.5Loans designated as hedging instruments

As of December 31, 2016 the Company designated US$10,512 million of foreign currencyminimum debt as a hedging instrument; of which US$5,312 million correspond to the cash flow hedge for future crude exports and US$5,200 million to hedge investments in subsidiaries with the US dollar as their functional currency. See Note 31 - Risk management, for further information.

 F-66

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

20.6Guarantees and covenants

For financing obtained by Ecopetrol in the capital markets, which correspond to issuance of local and foreign bonds that, are not guaranteed due to the support of the Colombian Government through the Ministry of Finance and Public Credit.

Refinería de Cartagena (Reficar) carried out an international commercial loan for US$3,497 million to finance the expansion project of Cartagena Refinery in 2011. This operation imposes restrictions on Reficar’s debt ratio, except for certain conditions expressly set out in contracts about working capital needs. Regarding the financial covenants Reficar is required to maintain aservice coverage ratio of minimum debt service of 1.35: 1 at certain times of the loan’s life. This subsidiary is in compliance with all covenants and debt commitments as of December 31, 2016.

Under the same transaction Reficar entered into1; obligation to maintain a commercial trust and Security and Depositary Agreement to receive thea depositary agreement for receiving resources of the new refinery to meetfulfill specific purposes such as operating expenses, interest and others.

 

In the caseThe following is a summary of financing obtained by Oleoducto Bicentenario S.A.S. for the constructioncertain restrictions contained in certain loan instruments of the projectEcopetrol’s subsidiaries:

-The loan entered into by Oleoducto de los Llanos is guaranteed with the economic rights of the ship-or-pay transportation agreements with Meta Petroleum Corp and also includes certain restrictions regarding capital contributions and asset disposal.

-The syndicated loan entered into by Oleoducto Bicentenario requires that this subsidiary maintain an established relationship of leverage and solvency and cash flow / service to the debt.

-The loan entered into by Bioenergy with Bancolombia is guaranteed with the La Esperanza 1 and 2 fields in the amount of COP$6,343 and there are certain restrictions on the variation of direct or indirect ownership by Ecopetrol S.A. in this subsidiary.

Ecopetrol and startupits subsidiaries were in compliance with these restrictions as of the pipeline the creation of a main fund was established to manage the funds for the payment of the syndicated loan.December 31, 2017 and 2016.

 

20.7Fair value of loans

 

The fair value of the loans and borrowings is COP$52,109,43845,781,317 and COP$49,668,11952,109,438 as of December 31, 2017 and 2016, and 2015, respectively.

Loans are recorded in the financial statements at their amortized cost, which is the financial amount of initial recognition less principal repayments, plus or minus the cumulative amortization using the effective interest method of any difference between that initial amount and the maturity amount.

 

For fair value measurement, bonds and local currency securitiesbonds were valued using Infovalmer'sInfovalmer reference prices, while for dollar-denominated bonds the Bloomberg methodology was used as the source.in U.S. dollars, were valued using Bloomberg. With regard to the other financial obligations for which there is no market benchmark, a discount to present value technique was used. These rates incorporate market risk through some benchmarkbenchmarks (Libor, DTF) and the Company'sGroup’s credit risk (spread).

 

  F-67F-69 

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Ecopetrol S.A.

20.8Movement of net financial debt

The following is the movement of net financial debt as of December 31, 2017, 2016 and 2015:

  Cash and
equivalents
  Other financial
assets (1)
  Loans and
borrowings
  Net financial
debt
 
Balance as of December 31, 2015  6,550,450   1,585,379   (53,223,338)  (45,087,509)
Cash flow  2,086,350   5,446,507   1,050,723   8,583,580 
Exchange difference:                
Recognized in profit or loss  (226,333)  (12,837)  1,252,420   1,013,250 
Recognized in other comprehensive income  -   -   612,983   612,983 
Financial cost registered to projects  -   -   (357,107)  (357,107)
Financial income (expense) recognized in profit or loss  -   59,593   (2,765,024)  (2,705,431)
Foreign currency translation  -   (6,462)  593,384   586,922 
Other movements not generating cash flow (2)  -   (385,285)  613,932   228,647 
Balance as of December 31, 2016  8,410,467   6,686,895   (52,222,027)  (37,124,665)
Cash flow  (174,272)  (564,755)  11,259,492   10,520,465 
Exchange difference:                
Recognized in profit or loss  (290,310)  208,394   147,993   66,077 
Recognized in other comprehensive income  -   -   70,958   70,958 
Financial cost registered to projects  -   -   (203,964)  (203,964)
Financial income (expense) recognized in profit or loss  -   104,706   (2,385,994)  (2,281,288)
Foreign currency translation  -   39,628   (76,171)  (36,543)
Other movements that do not generate cash flow  -   58,857   (138,122)  (79,265)
Balance as of December 31, 2017  7,945,885   6,533,725   (43,547,835)  (29,068,225)

Notes
(1)The balance of other financial assets as of December 31, 2015 includes the value of the securities related to Consolidated Financial Statements

(Figures expressedSantiago de las Atalayas for COP$699,832, which at that date were restricted.

(2)Corresponds to operations with remittances financed in millionsdollars with domestic banks for the payment of Colombian pesos, unless otherwise stated)

imports.

 

21.Trade and other payables

 

The balance at December 31, 2016 and 2015 of trade and other payables, as of December 31, 2017 and 2016, is comprised as follows:

 

 2017  2016 
 2016  2015      
Suppliers  4,687,353   4,979,932   5,088,957   4,687,353 
Partners’ advances  864,971   675,527   880,420   864,971 
Withholding tax  379,194   346,578   376,169   379,194 
Related parties  129,520   114,420 
Insurance and reinsurance  121,555   110,530 
Agreements in transport contracts (1)  91,324   111,899 
Deposits received from third parties  209,570   571,577   25,523   209,570 
Related parties (Note 32)  114,420   87,463 
Agreements in transport contracts (2)  111,899   33,735 
Insurance and reinsurance  110,530   118,338 
Dividends payable (1)  11,193   693,878 
Dividends payable (2)  3,723   11,193 
Various creditors  389,126   250,255   280,485   389,126 
  6,878,256   7,757,283   6,997,676   6,878,256 
                
Current  6,854,363   7,757,277   6,968,207   6,854,363 
Non-current  23,893   6   29,469   23,893 
  6,878,256   7,757,283   6,997,676   6,878,256 

 

(1)During the first quarter of 2016 the last installment of dividends on 2014 net profits was paidCorresponds to the Ministryvalue of Financedebt from agreements in transport contracts of oil pipelines and Public Creditpoliducts, impacted by COP$690,177volumetric adjustments, compensation for quality and other inventory management agreements.

 

(2)CorrespondsDividends declared at the General Shareholders' Meeting on 2016 profits, amounting to the value of the debt for agreementsCOP$945,684, were paid in the contracts of transport by pipelines and poliducts calculated in the volume compensation by quality and other agreements of management of inventories.April 2017.

 

The carrying amount of trade accounts and other accounts payable approximates their fair value due to itstheir short-term nature.

 

F-70

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

22.Provisions for employeeemployees benefits

 

The following are the balances of provisions for employee benefits as of December 31, 20162017 and 2015:2016:

 

 2016  2015  2017  2016 
Post-employment benefits                
Healthcare  4,475,540   3,593,428   5,367,005   4,475,540 
Pension  531,596   (262,182)  1,327,859   76,695 
Education  333,379   535,356   502,260   333,379 
Bonds  (191,338)  (483,876)  348,442   263,563 
Other  67,945   41,263 
Other plans  77,636   67,945 
Termination benefits - Voluntary retirement plan  161,796   -   155,286   161,796 
  5,378,918   3,423,989   7,778,488   5,378,918 
Welfare benefits and salaries payable  423,360   353,285 
Other post-employment benefits  73,300   74,841 
Total  5,875,578   3,852,115 
Social benefits and salaries  485,939   423,360 
Other employee benefits  67,867   73,300 
  8,332,294   5,875,578 
Current  1,974,496   1,392,266   1,829,819   1,974,496 
Non-current  3,901,082   2,459,849   6,502,475   3,901,082 
  5,875,578   3,852,115   8,332,294   5,875,578 

  F-68F-71 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

22.1Post-employment benefits liability (asset)

 

The following table shows the movement in liabilities and assets, net of post-employment benefits and termination benefits, atas of December 31, 20162017 and 2015:2016:

 

 Pension and pension bonds (1)  Healthcare, Education and others  Total  Pension and bonds (1)  Other  Total 
 2016  2015  2016  2015  2016  2015  2017  2016  2017  2016  2017  2016 
Employee benefits liabilities                        
Liabilities for employee benefits                        
Opening balance  10,435,546   11,559,018   4,170,047   5,515,809   14,605,593   17,074,827   12,463,433   10,435,546   5,041,133   4,170,047   17,504,566   14,605,593 
Current service cost  -   -   53,771   53,095   53,771   53,095   -   -   52,164   53,771   52,164   53,771 
Past service cost  -   -   164,271   -   164,271   -   -   -   -   164,271   -   164,271 
Interest expense  876,076   839,716   337,844   395,977   1,213,920   1,235,693   872,524   876,076   350,060   333,894   1,222,584   1,209,970 
Actuarial losses (gains)  1,915,767   (1,252,017)  616,834   (1,490,315)  2,532,601   (2,742,332)  1,621,184   1,915,767   1,012,205   616,834   2,633,389   2,532,601 
Paid benefits  (763,956)  (711,171)  (301,634)  (304,519)  (1,065,590)  (1,015,690)
Benefits paid  (809,677)  (763,956)  (350,130)  (297,684)  (1,159,807)  (1,061,640)
Closing balance  12,463,433   10,435,546   5,041,133   4,170,047   17,504,566   14,605,593   14,147,464   12,463,433   6,105,432   5,041,133   20,252,896   17,504,566 
                                                
Plan assets                                                
Opening balance  11,181,604   11,657,629   -   -   11,181,604   11,657,629   12,123,175   11,181,604   2,473   -   12,125,648   11,181,604 
Return on assets  950,704   849,556   -   -   950,704   849,556   848,677   950,704   385   -   849,062   950,704 
Change in the effect of the asset ceiling  379,884   (329,825)  -   -   379,884   (329,825)
Paid benefits  (771,528)  (711,432)  2,406   -   (769,122)  (711,432)
Contributions to funds  -   -   22,465   -   22,465   - 
Variation in the ceiling of assets  -   379,884   -   -   -   379,884 
Benefits paid  (809,677)  (771,528)  (22,078)  2,406   (831,755)  (769,122)
Actuarial gains (losses)  382,511   (284,324)  67   -   382,578   (284,324)  308,988   382,511   -   67   308,988   382,578 
Closing balance  12,123,175   11,181,604   2,473   -   12,125,648   11,181,604   12,471,163   12,123,175   3,245   2,473   12,474,408   12,125,648 
Net post-employment benefits liability (asset)  340,258   (746,058)  5,038,660   4,170,047   5,378,918   3,423,989 
Net post-employment benefits liability  1,676,301   340,258   6,102,187   5,038,660   7,778,488   5,378,918 

 

(1)There is no service cost for the pension and pension plans becauseservice, due to the fact that the beneficiaries were all retired byas of July 31, 2010.

 

  F-69F-72 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

The following table shows the movement in resultsprofit and loss and in other comprehensive income as of December 31, 20162017 and 2015:2016:

 

 2016  2015  2017  2016 
Recognized in profit or loss                
Current service cost  53,771   53,095   52,164   53,771 
Past service cost  164,271   -   -   164,271 
Interest expense, net  263,216   386,137   373,522   259,266 
Remedies  13,889   - 
  481,258   439,232   439,575   477,308 
Recognized in other comprehensive income                
Healthcare  (792,093)  1,359,631   (794,535)  (792,093)
Pension and pension bonds  (1,533,256)  967,693   (1,312,195)  (1,533,256)
Education and severance  175,259   130,684   (203,779)  175,259 
Termination benefits  67   - 
Termination benefits - Voluntary retirement plan  (3)  67 
Change in the effect of the asset ceiling  379,884   (329,824)  -   379,884 
  (1,770,139)  2,128,184   (2,310,512)  (1,770,139)
Deferred tax  616,697   (723,582)  762,469   616,697 
Other comprehensive income, net of taxes  (1,153,442)  1,404,602   (1,548,043)  (1,153,442)

 

22.2Plan assets

 

Plan assets are represented in the resources provided to Pension Trusts,held by pension trusts, for payment of the pension liabilities relating to the obligationsobligations. Payments for monthly pension payments and bonds; that pertaining to health and education post-employment benefits is under the responsibility of Ecopetrol.Ecopetrol’s responsibility. The destination of trust resources and its yields cannot be changed or returned to the CompanyGroup until all pension obligations have been fulfilled.

 

The following is the composition by investment type is comprised as follows at December 31, 2016 and 2015:

  2016  2015 
Bonds issued by the Colombian Government  4,410,326   4,099,067 
Bonds of private entities  2,880,958   3,405,440 
Other bonds of public entities  693,061   790,601 
Bonds of foreign entities  622,817   300,181 
Variable yield  305,052   278,716 
Other local currency  2,910,083   2,257,655 
Other foreign currency  300,878   429,828 
Fair value of plan assets  12,123,175   11,561,488 
Less asset ceiling  -   (379,884)
   12,123,175   11,181,604 

The yield onof the plan assets of pension and pension bonds by type of investment as of December 31, 2016 was 11.60% (4.96% - 2015). The credit quality2017 and 2016:

  2017  2016 
Bonds issued by the national government  4,349,400   4,410,326 
Bonds of private entities  2,967,030   2,880,958 
Other local currency  2,337,580   2,910,083 
Other public bonds  1,149,200   693,061 
Variable yield  605,380   305,052 
Bonds of foreign entities  558,920   622,817 
Other foreign currency  503,653   300,878 
   12,471,163   12,123,175 

46.0% of issuers and counterparties in transactions involving plan assets is describedare classified as level 1 in Note 31.3 – Credit risk.

The following is the fair value hierarchy, ofwhere prices for the plan assets are directly observable on actively traded markets, and 54.0% are classified as of December 31, 2016 and 2015:level 2.

  2016  2015 
Level 1  5,604,643   3,876,386 
Level 2  6,518,532   7,685,102 
   12,123,175   11,561,488 

 

The fair value of thelevel 2 plan assets is calculated using prices quoted in the relevant assets’ market. The CompanyGroup obtains these prices through reliable financial data suppliersproviders recognized in Colombia or abroad depending on the investment.

 F-70

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

For the securities issued in local currency, the fair value of the plan assets is calculated using information published by Infovalmer, a price supplier of prices authorized by the SuperintendencyFinancial Superintendence of Finance.Colombia. According to its methodology, prices may beare calculated based on market information aton the valuation date or estimated based on historicfrom historical inputs in accordance withaccording to the criteria established for the calculation of each of the prices.

 

The fair valueaverage price is calculated based on the most representative market of the transactions carried out through electronic platforms approved and supervised by the regulator.

 

F-73

The

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

On the other hand, the estimated price is calculated for investments that do not reflect sufficientenough information to estimate an average market price, replicating the quoted prices for similar assets or prices obtained through stock broker quotes.quotes from brokers. This estimated price is also given by Infovalmer as a result of the application of robust methodologies approved by the financial regulator and widely used by the financial sector.

 

The following table reflects the credit quality of the issuers and counterparties in assets held by the autonomous pension funds:

Rating 2017  2016 
AAA  4,870,932   4,467,642 
Nation  4,471,274   4,610,251 
AA+  690,391   470,944 
BAA2  371,972   141,940 
BBB  246,795   150,808 
F1+  230,321   416,439 
BBB-  192,636   23,237 
BBB+  159,103   193,835 
BRC 1+  118,008   309,282 
AA  58,234   79,750 
BAA3  45,699   131,993 
A  39,048   4,175 
A3  29,098   61,325 
AA3  27,051   14,385 
AA-  18,770   34,197 
VRR1 +  14,112   55,821 
BAA1  5,296   5,274 
Other qualifications  9,621   66,470 
No rating available  872,802   885,407 
   12,471,163   12,123,175 

See credit risk policy in Note 30.3.

22.3Actuarial assumptions

 

The following are the actuarial assumptions used in determining the present value of defined employee benefit obligations atused for the actuarial calculations as of December 31, 20162017 and 2015:2016:

 

2016 Pension  Bonds  Healthcare  Education  Other benefits
(1)
 
2017 Pension  Bonds  Health  Education  Other benefits
(1)
Discount rate  7.25%  7.00%  7.25%  6.50%  6.67%  6.50%   6.25%   6.50%   5.50%  5.51%
Salary growth rate  N/A   N/A   N/A   N/A   4.25%  N/A   N/A   N/A   N/A  4.75% / 4.25%
Expected inflation rate  3.00%  3.00%  3.00%  3.00%  3.00%  3.00%   3.00%   3.00%   3.00%  3.00%
Pension growth rate  3.00%  N/A   N/A   N/A   N/A   3.00%   N/A   N/A   N/A  N/A
Cost trend                                      
Short-term rate  N/A   N/A   3.00%  4.00%  N/A   N/A   N/A   6.00%   4.00%  N/A
Long-term rate  N/A   N/A   4.00%  4.00%  N/A   N/A   N/A   4.00%   4.00%  N/A

 

2015 Pension  Bonds  Healthcare  Education  Other benefits
(1)
 
2016 Pension  Bonds  Health  Education  Other benefits
(1)
Discount rate  8.50%  8.50%  8.50%  7.75%  8.00%  7.25%   7.00%   7.25%   6.50%  6.67%
Salary growth rate  4.25%  N/A   N/A   N/A   4.25%  N/A   N/A   N/A   N/A  4.25%
Expected inflation rate  3.00%  3.00%  3.00%  3.00%  3.00%  3.00%   3.00%   3.00%   3.00%  3.00%
Pension growth rate  3.00%  N/A   N/A   N/A   N/A   3.00%   N/A   N/A   N/A  N/A
Cost trend                                      
Short-term rate  N/A   N/A   3.50%  4.00%  N/A   N/A   N/A   3.00%   4.00%  N/A
Long-term rate  N/A   N/A   4.00%  4.00%  N/A 
Long term rate  N/A   N/A   4.00%   4.00%  N/A

 

N/A: Not applicable for this benefit.

(1)Weighted average rates.discount rate.

F-74

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

The cost trend is the projected increase for the initial year, which includes the expected inflation rate.

 

The mortality table used for allthe calculations was ´Valid Annuitants”that of ‘Valid Annuitant’ for men and women based on the experience gained for the period 2005-2008 of the Colombian Social Security Institute – ISS.Institute.

 F-71

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

22.4Maturity of benefit obligation

 

The cash flowflows required for payment of post-employment benefits liability is comprised as follows:obligations are the following:

 

Period Pension and
pension bonds
  Other benefits  Total  Pension
and bonds
  Other
benefits
  Total 
2017  794,566   330,539   1,125,105 
2018  820,364   328,351   1,148,715   880,298   374,315   1,254,613 
2019  842,858   330,878   1,173,736   877,165   355,241   1,232,406 
2020  864,392   333,292   1,197,684   899,128   358,292   1,257,420 
2021  886,464   336,423   1,222,887   921,333   361,655   1,282,988 
2022-2025  4,877,784   1,672,066   6,549,850 
2022  952,531   362,998   1,315,529 
2023-2026  5,201,619   1,824,756   7,026,375 

 

22.5Sensitivity analysis

 

The following sensitivity analysis below has been determined based on reasonablyshows the effect of such possible changes ofon the respective assumptions occurring at the end of the reporting period,obligation for defined benefits, while keeping allthe other assumptions constant, as constant, atof December 31, 2016:2017:

 

 Pension  

Pension

bonds

  Healthcare  Education  Other
benefits
  Pension  Bonds  Health  Education  Other
benefits
 
Discount rate                                        
-50 basis points  12,278,122   894,404   4,785,817   345,279   235,987   13,948,863   1,032,967   5,775,492   527,839   242,117 
+50 basis points  10,996,917   815,680   4,197,636   329,870   224,749   12,440,607   948,129   4,962,688   480,224   230,501 
Inflation rate                                        
-50 basis points  10,946,122   814,065   -   -   161,456   12,386,975   946,675   N/A   N/A   156,021 
+50 basis points  12,330,307   895,826   -   -   167,152   14,003,214   1,033,715   N/A   N/A   161,094 
Salary growth rate                                        
-50 basis points  -   -   -   -   62,511   N/A   N/A   N/A   N/A   76,336 
+50 basis points  -   -   -   -   69,633   N/A   N/A   N/A   N/A   79,150 
Cost trend                                        
-50 basis points  -   -   4,198,775   330,360   -   N/A   N/A   4,982,874   479,829   N/A 
+50 basis points  -   -   4,782,280   344,700   -   N/A   N/A   5,797,753   528,104   N/A 

The Company conducted a sensitivity analysis related to the interest rate variation on plan assets. See section 30 – Risk management.

 

22.6Voluntary retirement plan

 

In August 2016, the CompanyGroup offered a voluntary retirement plan to 200 employees who met certain criteria. As of December 31, 2017 and 2016, 137 employees were part of plan, with a corresponding cost of COP$161,796.155,286 (2016 - COP$161,796). This plan includes benefits such as monthly income, education and health benefits until the date on which the employee is granted their retirement pension.

 

  F-72F-75 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

23.Accrued liabilities and provisions

 

The following shows aBelow is the breakdown of the changes in the different categories of accrued liabilitiesprovisions and provisions for the years endedcontingencies as of December 31, 20162017 and 2015:2016:

 

 Asset
retirement
obligation
  Litigations  Comuneros
provision
  Environmental
contingencies
and others
  Total  Asset
retirement
obligation
  Litigation  Environmental
contingencies
and others
  Total 
Balance at December 31, 2015  4,452,369   99,798   702,486   822,694   6,077,347 
Balance as of December 31, 2016  5,064,660   209,932   643,278   5,917,870 
Increase in abandonment costs  404,797   -   -   -   404,797   39,634   -   -   39,634 
Additions (recoveries)  18,285   44,120   (702,486)  (74,312)  (714,393)  110,587   (19,185)  106,532   197,934 
Uses  (68,460)  (4,585)  -   (31,218)  (104,263)  (66,469)  (7,742)  (19,613)  (93,824)
Financial cost  317,448   -   -   (173)  317,275 
Financial costs  379,891   -   (367)  379,524 
Foreign currency translation  (14,703)  (355)  -   (2,759)  (17,817)  (979)  (39)  718   (300)
Transfers (1)  (45,076)  70,954   -   (70,954)  (45,076)  -   -   96,611   96,611 
Balance at December 31, 2016  5,064,660   209,932   -   643,278   5,917,870 
Balance as of December 31, 2017  5,527,324   182,966   827,159   6,537,449 
                
Current  330,057   146,767   -   345,130   821,954   199,824   159,881   199,123   558,828 
Non-current  4,734,603   63,165   -   298,148   5,095,916   5,327,500   23,085   628,036   5,978,621 
Total  5,064,660   209,932   -   643,278   5,917,870 
  5,527,324   182,966   827,159   6,537,449 

 

 Asset
retirement
 obligation
  Litigations  Comuneros
provision
  Environmental
contingencies
and others
  Total  Asset
retirement
obligation
  Litigation  Comuneros
provision
  Environmental
contingencies
and others
  Total 
           
Balance at December 31, 2014  4,281,107   299,551   551,497   705,916   5,838,071 
Balance as of December 31, 2015  4,452,369   99,798   702,486   822,694   6,077,347 
Increase in abandonment costs  404,797   -   -   -   404,797 
Additions (recoveries)  (60,813)  (188,962)  150,989   188,701   89,915   18,285   44,120   (702,486)  (74,312)  (714,393)
Uses  (84,333)  (10,791)  -   (74,876)  (170,000)  (68,460)  (4,585)  -   (31,218)  (104,263)
Financial cost  238,876   -   -   2,417   241,293 
Financial costs  317,448   -   -   (173)  317,275 
Foreign currency translation  89,793   -   -   5,905   95,698   (14,703)  (355)  -   (2,759)  (17,817)
Transfers (1)  (12,261)  -   -   (5,369)  (17,630)  (45,076)  70,954   -   (70,954)  (45,076)
Balance at December 31, 2015  4,452,369   99,798   702,486   822,694   6,077,347 
Balance as of December 31, 2016  5,064,660   209,932   -   643,278   5,917,870 
                    
Current  195,858   85,364   -   372,275   653,497   330,057   146,767   -   345,130   821,954 
Non-current  4,256,511   14,434   702,486   450,419   5,423,850   4,734,603   63,165   -   298,148   5,095,916 
Total  4,452,369   99,798   702,486   822,694   6,077,347 
  5,064,660   209,932   -   643,278   5,917,870 

 

(1)Mainly includes transfers to liabilities associated with assets held for sale.

 

23.1Asset retirement obligation

 

AssetThe estimated liability for asset retirement obligation costs corresponds to the Company's future obligation to restore environmental conditions into a mannerlevel similar to thosethat existing prior tobefore the start of projects or activities, as described in section 3.5.Note 3.5 - Abandonment and dismantling costs of fields and other facilities. As these relate to long-term obligations, this liability is estimated by projecting the expected future payments and discounting at present value with a rate referencedindexed to the Company'sGroup's financial obligations, taking into account the temporality and risks of this obligation. The weighted average discount rate atrates used in the estimate of the obligation as of December 31, 2016 was 7.80% (20152017 were: Exploration and Production 6.93% (2016 - 7.28%7.93%), Transportation and Logistics 7.02% (2016 - 8.20%) and Refining and Petrochemicals 7.37% (2016 - 8.99%).

 

  F-73F-76 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

23.2LitigationsLitigation

 

The following is a summary of the main legal proceedings recognized in the statement of financial position whose amount exceeds COP$13,000 million, where the expectation of loss expectations are highlyis probable and could imply an outflow of resources atas of December 31, 20162017 and 2015:2016:

 

Claims 2016  2015 
       
Provision for payment of premium to update the Legal Stability Contract with the Ministry of Finance and Public Credit, generated by the increased investment in the expansion project.  59,528   54,181 
         
Settlement before the Procuraduría General de la Nación with the firms Acciona Infraestructura S.A. y Mantenimiento y Montajes S.A., on August 18, 2016.  44,986   - 
         
Litigation with Schrader Camargo, supplier for Reficar  17,003   17,003 
         
Damage to third parties caused by hydrocarbon easement in a property near toRefinería de Cartagena.  11,019   11,019 
         
Lawsuit by the Sincco consortium for damage related to contractual conditions for the modernization project at the product filling station at the Barrancabermeja industrial complex.  5,347   5,347 
         
Damage to third parties caused by a spill of oil owned by Ecopetrol during a car accident in the Raizal rural district in Cundinamarca.  3,500   3,500 
         
Labor proceeding in 2007 for recalculation of salaries and benefits based on the collective agreement for 232 contractors of Ecopetrol. In the last quarter of 2015 the claimant filed a request for settlement for a new amount of COP$9,338. In 2016 the ruling issued was favorable to Ecopetrol.  10   9,338 
Proceeding 2017  2016 
       
Provision for the payment of the 2016 legal stability contract premium with the Ministry of Finance and Public Credit regarding investment in Reficar  64,104   59,528 
Litigation with Schrader Camargo, supplier of Reficar  17,003   17,003 
Settlement before the Procuraduría General de la Nación with the firms Acciona Infraestructura S.A. and Mantenimiento y Montajes S.A., August 18, 2016. In 2017, it was ruled in favor of the Group and the provision was reversed.  -   44,986 

 

23.3Comuneros - Santiago de las Atalayas provisions

 

On November 8, 2016, the Ministry of Mines and Energy concluded that the amounts being heldresources that were restricted in relation to this process were not royalties and, therefore, were not due to the Comuneros. The amounts belonged to Ecopetrol and therefore Ecopetrol recovered the provision it had been recognizing in its financial statements relating to this dispute.

 

In accordance with the foregoing, the resources held by Ecopetrol are theirits property, without any claim or discussion to date regarding ownership title thereof. On November 8, 2016, the amount of the controversy added up toclaimed reached COP$688,664, originated mostly from the valuation and financial yieldsyield of the fund where the resources were deposited. The reversalrecovery of this provision was recognized in the net financial results of the period ending December 31, 2016.

 

23.4Environmental contingencies and others

 

These are mainlycorresponds to contingencies for environmental incidents and obligations related to environmental compensation obligationsand mandatory investment of 1% for the use and impactof, exploitation of or effect on natural resources within the frameworkimposed by national, regional and local environmental authorities. Mandatory investment of environmental authorizations and 1% mandatory investment foris based on the use of water taken directly from natural sources pursuant to that provided for in accordance with the provisions of Law 99 of 1993, articleArticle 43, and Decree 1900 of 2006, Decree 2099 of 2017 and 075 and 1120 of 2018 in relation withto the projects that Ecopetrol projectsdevelops in the region. On December 22, 2016,Colombia.

The Colombian Government through the Ministry of the Environment and Sustainable Development, issued Decreein December 2016 and in January 2017 the Decrees 2099 whereby it amendedand 075, which modify the Single Regulatory Single Decree of the environment and sustainable development sector, Decree 1076 of 2015, related to theirthe mandatory investment for the use of water taken directly from natural sources;sources.

The main changes established by these decrees were related to the Companyareas and lines of investment and the basis for settlement of the obligations. Similarly, June 30, 2018 was declared the maximum date to modify investment plans that were underway.

On June 30, 2017, Ecopetrol filed with the National Environmental Licensing Authority (ANLA) certain investment plans to meet the 1% mandatory investment based on the new decrees, relative to investment lines, maintaining the settlement base of Decree 1900.

As of December 31, 2017, the provision for the 1% mandatory investment for the use of water was estimated based on the parameters established in Decree 1076 of 2015. The Group is currentlyin the process of analyzing the impact derived from its implementation.of the applicability of the changes set out in the aforementioned decrees.

 

  F-74F-77 

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Ocensa

Some requests for arbitration were filed by some of Ocensa’s shippers in connection with the tariff and monetary conditions established in the transportation contracts for the use of the increased capacity of the pipeline resulting from the P-135 project. Similar claims could be brought by other shippers of the aforementioned project.

Frontera Energy Colombia Corp. Sucursal Colombia entered into a memorandum of understanding for a comprehensive settlement agreement that is pending the approval by Frontera’s arbitration panel. If the arbitration panel approves the settlement agreement, it will resolve any pending proceedings and controversies among the parties, and both parties will execute the amendments to the Agreements.

The recognized provision is based on the risk assessment carried out by Ocensa and its advisors, without implying the recognition of the validity of the claims of the shippers.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

23.5Legal proceedings not recognizedprovided for

 

The following is a summary of the main contingent liabilities that have not been recognized in the statement of financial position sinceas, according to the evaluations performedmade by Company’s internal and external advisors their occurrenceof the Group, the expectation of loss is not probable as at December 31, 20162017 and 2015:2016:

 

Claims 2016  2015 
       
Income tax for taxable year 2010 of Hocol - Rejections related to:
a) Special production on productive fixed assets related to unsuccessful exploratory wells.
b) Deduction of disbursements related to geology, geophysics and seismic, which must be capitalized and amortized.
  197,824   197,824 
         
Income tax for taxable year 2011 of Hocol - Rejections related to:
a) Special production on real productive fixed assets related to unsuccessful exploratory wells.
b) Deduction of disbursements related to geology, geophysics and seismic, which must be capitalized and amortized.
  147,091   147,091 
         
On March 14, 2016, a lawsuit was filed for default in settling the contract between Konidol and Ecopetrol, which gave rise to excess costs in the maintenance contract.  62,131   - 
         
Indemnity to third parties for damage caused by hydrocarbon spills during a tanker truck accident on the Villeta - Guaduas road.  43,333   43,333 
         
Recalculation of legal and extralegal social benefits on cash paid for the benefit of saving incentives.  16,562   16,562 
         
Claim to Ecopetrol for legal actions filed against Cepsa as the operator of the Association contract for excess costs in current contracts.  10,608   - 
         
Default by Ecopetrol in fulfilling contractual terms of the civil works project with the contractor Edgar Gómez Lucena y Asociados Ltda.  10,000   10,000 
         

Transfers of the electric energy sector for electric power self–generation, pursuant to Law 142 of 1994. In 2016 there was a second instance ruling that was favorable to Ecopetrol.  

  -   219,944 
Proceedings 2017  2016 
       
Environmental damage caused by a terrorist attack in 2015 against the Transandino pipeline.  209,220   - 
Breaking of the economic and financial balance with contractor for the construction of the transport system.  110,266   - 
On March 14, 2016, a lawsuit was filed for default settling the contract between Konidol and Ecopetrol, which caused Ecopetrol incurred excess costs in the maintenance contract in 2016.  62,131   62,131 
Salary readjustments to the amounts established by Ecopetrol for personnel, related to a contract with a third party for the commissioning and construction of surface facilities for production and exploration projects.  60,313   - 
Compensation to third parties for damage caused by hydrocarbon spills during a tanker truck accident on the Villeta - Guaduas road oil spills.  43,333   43,333 
Contractual imbalance with a third party in relation to road connection works.  31,679   - 
Settlement of differences with a supplier under a contract whose purpose was the engineering, procurement and construction management of project P135. Although the parties reached a preliminary settlement agreement, the Comptroller General's Office did not approve it and the process continues in the evidentiary stage. The result of these processes is subject to the decision of the arbitrator.  30,027   - 
Contractual controversy with a third party in relation with seismic acquisition services and seismic program processing.  30,000   - 
Recalculation of legal and non-legal social benefits on sums paid for the benefit of saving incentives.  16,562   16,562 
Controversy regarding income tax returns for taxable years 2010 and 2011 of Hocol, related to deductions in exploration fixed assets.  In September 2017, Hocol paid taxes on the tax revenue processes of taxable years 2010 and 2011 of $ 89,271  -   344,915 

 

  F-75F-78 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

23.6DetailDetails of contingent assets

 

Included below, thereThe following is a detailbreakdown of the majorGroup’s principal contingent assets, contingencieswhere the associated contingent gain is likely, but not certain as of which occurrence is possible at December 31, 20162017 and 2015:2016:

 

Claims 2016  2015 
       
Default in fulfilling the pipe purchase order subscribe to with Daewoo International Corp.  21,232   21,232 
         
Public lighting tax in the municipality of Barrancabermeja for the years 2003 to 2005.  17,490   - 
         
Nullity of administrative act issued by the DIAN, which ordered a special contribution for public works contracts.  13,214   13,214 
         
Nullity of resolution 113 of 1971 of the Presidency of Colombia, whereby the subsurface property titles were transferred to private parties known with the names of Santiago de las Atalayas and Pueblo Viejo de Cusiana. In 2016, the lawsuit ended in favor of Ecopetrol, making it clear that the sequestered cash is the property of Ecopetrol.  -   175,000 
         
Nullity of administrative act that ordered a special contribution for public works contracts. In 2016, there was a first instance ruling that is partially favorable to the claims of Ecopetrol.  2   14,956 
Proceedings 2017  2016 
       
Ocensa claim that seeks the payment of the negative balance by Equion Energia Limited and Santiago Oil Group, which are reflected in Ocensa's volumetric balances.  112,735   - 
Claim for reimbursement based on a disagreement with Ecopetrol corresponding to investment in facilities in the Guaduas field of the "Rio Seco" association contract.  40,711   40,746 
Environmental incident in 2011, in the Caño Limón Coveñas Pipeline.  35,000   - 
Criminal claim filed by Ecopetrol against the administrator of agreements with a corporation for alleged document falsification.  32,000   - 
Breach of a pipe purchase order because the physical characteristics of the coating do not match what was contracted.  21,232   21,232 
Nullity of administrative act issued by the DIAN, which ordered a special contribution for public works contracts.  13,214   13,214 
Claim against Metapetroleum for damage suffered due to the late delivery of crude volumes under the Quifa association contract.  -   25,421 

 

Refinería de Cartagena

 

On March 8, 2016, Reficar presented a request for Arbitration before the International Chamber of Commerce (ICC) against Chicago Bridge & Iron CompanyGroup NV, CB&I (UK) Limited and CBI Colombiana S.A. (collectively, "CB&I") related to the contract for the construction, procurement and engineering entered into by Reficar and CB&I for the expansion ofRefinería de Cartagena, in Cartagena, Colombia. Reficar is the claimant in the arbitration process of the ICCCCIO and requests at least US$2 billion from CB&I. On May 25, 2016, CB&I filed a counterclaim of approximately US$213 million. On June 27, 2016, Reficar answered this requestfiled its reply to CB&I’s counterclaim denying any responsibility. The International Chamberand disputing the declarations and the relief requested by CB&I. On April 28, 2017, Reficar submitted its Non-Exhaustive Statement of Commerce process is currentlyClaim and CB&I submitted its Statement of Counterclaim. According to the latest modification of the procedural calendar, the arbitral tribunal will hold the hearing in its preliminary stage2019 and a hearing is scheduled for October 2018.will likely issue the final award in the second half of 2019.

 

In relation to this matter, as of December 31, 2017, there is an amount of approximately US$122 million, in invoices paid by Reficar to CB&I, under the PIP and MOA agreements, of the EPC contract. The proof of the sources for these invoices, delivered by CB&I, have not been accepted by of AMEC Foster Wheeler - PCIB.

  F-76F-79 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

23.7Investigations of control entities

As part of the investigations carried out by various control entities of the modernization and expansion project (the “Project”) of Refinería de Cartagena, Reficar has been officially informed of the following investigations and proceedings:

a)Office of the Comptroller General (Contraloría General de la República)

Because of the modifications of the schedule and budget related to the Project, the Office of the Comptroller General initiated a special audit investigation of the Project in 2016 and delivered a final report to Reficar on December 5, 2016. The report made 36 findings most of which were related to increased costs compared to budget for services, labor and materials.

As a result of the findings described above, the Office of the Comptroller General opened actions for financial responsibility (proceso de responsabilidad fiscal) against 36 individuals and the six companies involved in the Project, including current and former members of Ecopetrol’s Board of Directors; former members of Reficar’s Board of Directors; current and former employees of Ecopetrol; and former employees of Reficar, as well as Chicago Bridge & Iron Group N.V., CBI - Chicago Bridge & Iron company (CB&I) Americas Ltd., Chicago Bridge & Iron Group CB&I UK Limited, CBI Colombiana S.A., Foster Wheeler USA Corporation and Process Consultants Inc.

One current member of Ecopetrol’s Board of Directors being investigated in these proceedings.

In January 2017, the Office of the Comptroller General initiated another special audit in Reficar and delivered a final report to Reficar on July 12, 2017. In this report the Office of the Comptroller General concluded that, in their opinion, Reficar’s 2016 Financial Statements do not reasonably represent, in all material aspects, the entity’s financial position as of December 31, 2016.

b)Attorney General’s Office (Procuraduría General de la Nación)

Reficar has been officially informed that the Attorney General’s Office currently has one ongoing investigation relating to the Project. The investigation initiated in 2012 against members of Reficar’s Board of Directors at the time, as well as certain current and former officers of Reficar.

On September 12, 2017 the Attorney General’s Office issued a list of charges related to the failure to fulfill some of their duties as administrators and/or for acting “ultra vires” in the exercise of their functions against: (i) Javier Genaro Gutiérrez (Ecopetrol CEO, 2007-2015), (ii) Felipe Laverde (Reficar General Counsel, 2009-March 2017), (iii) Pedro Rosales (Ecopetrol Downstream Executive Vice President, 2008-2015), (iv) Diana Constanza Calixto (Ecopetrol Head of the Corporate Finance Unit, 2009-2014) and (vi) Reyes Reinoso Yañez (Reficar CEO, 2012-2016)

The Attorney General’s Office closed the case against the rest of the members of Reficar’s Board of Directors and the rest of the current and former officers of Reficar.

c)Prosecutor’s Office (Fiscalía General de la Nación)

The Prosecutor’s Office is conducting an investigation. In connection therewith, between July 25 and August 2, 2017 the Prosecutor’s Office indicted the following individuals with charges, the majority of which are related to offenses against the public administration and illegal interest in the execution of agreements:

(i) Orlando José Cabrales Martínez (Reficar CEO, 2009-2012); (ii) Reyes Reinoso Yañez (Reficar CEO, 2012-2016); (iii) Felipe Laverde Concha (Reficar General Counsel, 2009-March 2017); (iv) Pedro Alfonso Rosales Navarro (Ecopetrol Downstream Executive Vice President, 2008-2015); (v) Masoud Deidehban (CBI Executive Project Director); (vi) Phillip Asherman (CBI CEO) and (vii) Carlos Lloreda (Reficar’s statutory auditor from 2013-2015).

F-80

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

The arraignment hearing is scheduled to take place on May 30, 2018.

Ecopetrol is not in a position to forecast the results of these investigations; nor is it possible to evaluate the probability of any consequence that may impact the financial statements, such as additional provisions, fines or ignorance of tax deductions that affect the amounts of deferred tax assets.

As of the date of this report, the financial statements continue to adequately disclose the financial and operational situation of Ecopetrol in all material aspects and its internal controls remain in force.

 

24.Equity

 

The main components of equity are comprised as follows:detailed below:

 

24.1Subscribed and paid-in capital

 

Ecopetrol’s authorized capital amounts to $36,540,000, and is comprised of 60,000,000,000 ordinary shares, 41,116,694,690 of such shareswhich 41,116,694,690 have been subscribed, represented byand 11.51% (4,731,905,873 shares) of natural and non-government entitiesare held privately and 88.49% (36,384,788,817 shares) are held by Government entities.the Colombian Government. The value of the reserve shares amounts to $11,499,933 comprised byof 18,883,305,310 shares. AtAs of December 31, 20162017 and 2015,2016, subscribed and paid-in capital amounts to $25,040,067. There are no potentially dilutive instruments.

On March 26, 2015, the General Stockholders’ Meeting approved the capitalization of occasional reserves of Ecopetrol S.A. for COP$14,760,893 through the mechanism of increasing the face value. This capitalization of reserves did not modify materially the number of ordinary shares registered.shares.

 

24.2Additional paid-in capital

 

ItAdditional paid-in capital mainly corresponds to: (i) surplus with respect to its nominal value derivedshare premium from the sale of shares uponGroup’s capitalization in 2007, for $4,457,997,COP$4,457,997, (ii) $31,377COP$31,377 share premium from the value generated by the processplacement of placing the shares on the secondary market, arising from the calling of guarantees from debtors in arrears, according to the provisions of Article 397 of the Code of Commerce, (iii) to the surplus over nominal value arisingshare premium from the sale of shares awarded in the second round,capitalization, which took place in September 2011, in the amount of $2,118,468,COP$2,118,468, and (iv) Additionaladditional paid-in capital receivablereceivables for $(143)COP$(142).

 

24.3 Equity reserves

24.3Equity reserves

 

The balancefollowing is the composition of the Group’s reserves as of December 31, 2017 and 2016:

  2017  2016 
Legal reserve  1,426,151   1,269,680 
Fiscal and statutory reserves  512,632   289,164 
Occasional reserves  239,086   - 
Total  2,177,869   1,558,844 

The movement of equity reserves is comprised as follows atthe following for the years ended December 31, 20162017 and 2015:2016:

 

  2016  2015 
Legal reserve  1,269,680   5,139,587 
Fiscal and statutory reserves  289,164   405,660 
Occasional reserves  -   1,323 
Total  1,558,844   5,546,570 
  2017  2016 
Opening balance  1,558,844   5,546,570 
Release of reserves  (289,164)  (406,983)
Allocation to reserves  908,189   289,164 
Legal reserve used to offset previous year loss (Note 24.4)  -   (3,869,907)
Closing balance  2,177,869   1,558,844 

F-81

 

The following showsEcopetrol S.A.

Notes to the balance and a breakdownconsolidated financial statements

(Figures expressed in millions of the changes in equity reserves at December 31, 2016 and 2015:Colombian pesos, unless otherwise stated)

  2016  2015 
Opening balance  5,546,570   17,963,370 
Appropriation of reserves, net  (117,819)  2,344,095 
Legal reserve used to offset previous year loss (Note 24.4)  (3,869,907)  - 
Capitalization of occasional reserves  -   (14,760,895)
Closing balance  1,558,844   5,546,570 

 

Legal reserve

 

The Colombian Code of Commerce establishes the appropriation obligation ofthat 10% of net income is allocated to the legal reserves until the legal reserves are equal totheir balance reaches 50% of the subscribed capital. The legal reserve can be used to offset losses or for distributiondistributed in the event of athe Company’s liquidation.

 F-77

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

Occasional reserves

 

This correspondsOccasional reserves correspond to allocation of net income as approved at the appropriation of earnings ordered byshareholders at the Stockholders’ meeting to carry out new explorations and future investments, as well as unrealized profits between group companies.explorations. On March 26, 2015,31, 2017, the Stockholders’ Meeting approved after the appropriation of the occasional reserves of the 2014 period, the capitalization of occasional reserves for $14,760,895 through the mechanismestablishment of face value increase.a reserve for new explorations for the amount of COP $ 239,086.

 

Tax and mandatory reserves

 

The Colombian tax regime contemplatesallows for the appropriationallocation of up to 70% of the period’s profits equivalentnet income to 70%a reserve when the value of the depreciation deduction for tax purposes exceedsexpense recorded in the accounting depreciation.financial statements. This reserve may be released in future periods to the extent that depreciation expenses exceeds the depreciations subsequently accounted exceed those annually claimedamount deducted for income tax purposes or the assets that generated the higher value deducted are sold.

 

In addition, Decree 2336 of 1995 set out the obligation to establish a reserve for the changes in valuation of investments. The profits generated at the closing of the accounting period as a consequence of the application of special valuation systems at market prices and that have not been made on behalf of the Company, will be takenUnrealized fair value gains are allocated to a reserve.

 

24.4Retained earnings and payment of dividends

 

The following showsis the balance and a breakdownmovement of the changes in retained earnings atas of December 31, 20162017 and 2015:2016:

 

 2016  2015  2017  2016 
Opening balance  (6,814,432)  8,192,040   (402,462)  (6,814,432)
Profit (loss) attributable to owners of Ecopetrol’s shareholders  2,447,881   (7,193,859)
Appropriation of reserves  117,819   (2,344,095)
Legal reserve used to offset previous year loss (1)  3,869,907     
Profit attributable to owners of Ecopetrol’s shareholders  7,178,539   2,447,881 
Release of reserves  289,164   406,983 
Allocation to reserves  (908,189)  (289,164)
Dividends declared (1)  -   (5,468,521)  (945,684)  - 
Legal reserve used to offset previous year loss (2)  -   3,869,907 
Other movements  (23,637)  3   (1,066)  (23,637)
Closing balance  (402,462)  (6,814,432)  5,210,302   (402,462)

 

(1)The Company distributes dividends based on its separate annual financial statements, prepared under Colombian IFRS.International Financial Reporting Standards accepted in Colombia (NCIF, by its acronym in Spanish). The Ordinary General Shareholders' Meeting, held on March 31, 2017, approved the proposal for profit distribution proposal for 2016 and set the distribution of dividends of COP$945,684.

 

The Ordinary General Meeting of Shareholders held on March 31, 2016, approved the proposal for profit distribution, which established that there would be no distribution for the year 2015, given the net loss occurred in that year; in addition, the shareholders voted to use the legal reserve to offset this loss, as permitted by the Article 456 of the Colombian Code of Commerce. The amount of losses offset with the legal reserve once releases and tax and mandatory appropriations amounted to $ 3,869,907. Dividends paid in 20162017 attributable to non-controllingthe shareholders of subsidiariesEcopetrol S.A. amounted to COP$1,022,121.945,661 (2016 - COP$690,177) and those of the non-controlling interest of subsidiary companies to COP $ 558,986 (2016 - COP$1,022,121).

 

On the results of 2014 the General Stockholders Meeting approved the distribution of an ordinary dividend per share of COP$133. In June, 2015 the Company paid the minority stockholders COP$629,344 and COP$4,149,000 to majority stockholders. Dividends declared to the majority shareholder in 2015 payable at December 31, 2015 amounted to COP$690,177 and were fully paid during the first quarter of 2016. Dividends paid in 2015 attributable to non-controlling shareholders of subsidiaries amounted to COP$715,053.

(2)The Ordinary General Meeting of Shareholders, held on March 31, 2016, approved the proposal for profit distribution, which established that there would be no distribution for the year 2015, given the net loss occurred in that year; in addition, the shareholders voted to use the legal reserve to offset this loss, as permitted by the Article 456 of the Colombian Code of Commerce. The amount of losses offset by releases from the legal reserve after tax and mandatory allocations amounted to COP$3,869,907.

 

  F-78F-82 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

24.5Other comprehensive income attributable to owners of the Companyparent

 

The following is a breakdownthe composition of the other comprehensive income attributable to the shareholders of the parent company, Ecopetrol S.A., net of tax atas of December 31, 20162017 and 2015:2016:

 

 2016  2015  2017  2016 
Actuarial gain on defined benefit plans  994,953   2,148,395   (553,091)  994,953 
Gain (loss) on equity instruments measured at fair value (1)  7,828   (49,881)  -   7,828 
Cash flow hedges for future exports  244,131   (217,291)
Hedge of a net investment in a foreign operation  (155,359)  - 
Cash flow hedges for future exports (Note 30.2.2)  159,295   244,131 
Hedge of a net investment in a foreign operation (Note 30.2.3)  (97,362)  (155,359)
Cash flow hedge with derivative instruments  (19,042)  (43,590)  6,942   (19,042)
Others  11,817   58,643   -   11,817 
Foreign currency translation  8,138,382   8,949,728   7,883,231   8,138,382 
  9,222,710   10,846,004   7,399,015   9,222,710 

 

(1)During 2016 the CompanyGroup reclassified to the statement of profit or losses COP $68,497loss COP$68,497 (2015 - COP $19,405)COP$19,405) arising from the realization of the valuations at marketaccumulated fair value of the accumulated amount ingains on equity of assets available for sale - Empresa de Energía de Bogotá and Interconexión Eléctrica S.A. (Note 11).

 

24.6Earnings (loss) per share (basic and diluted)

 

 2016  2015  2017  2016  2015 
Profit (loss) attributable to Ecopetrol’s shareholders  2,447,881   (7,193,859)  7,178,539   2,447,881   (7,193,859)
Weighted average number of outstanding shares  41,116,694,690   41,116,694,690   41,116,694,690   41,116,694,690   41,116,694,690 
Net basic earnings (loss) per share (basic and diluted -Colombian pesos)  59.5   (175.0)
Net basic earnings (loss) per share (Colombian pesos)  174.6   59.5   (175.0)

 

There is no potential dilution of shares.

  F-79F-83 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)


Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

25.Sales revenue

 

The following is athe breakdown of sales revenue for the years ended December 31, 2017, 2016 2015 and 2014:2015:

 

 2016  2015  2014  2017  2016  2015 
National sales                        
Mid-distillates  8,553,503   10,215,224   11,983,455   9,590,326   8,553,503   10,215,224 
Gasoline  6,092,739   6,128,208   6,394,422   6,990,187   6,092,739   6,128,208 
Services  4,043,284   4,435,274   3,778,073   3,873,352   4,043,284   4,435,274 
Natural gas  1,988,336   1,845,345   1,346,625   1,815,754   1,988,336   1,845,345 
Crude oil  909,871   553,666   491,279 
Plastic and rubber  724,708   724,392   667,563   833,982   724,708   724,392 
L.P.G. and propane  405,869   335,494   426,450 
Crude  553,666   491,279   1,213,718 
LPG and propane  509,619   405,869   335,494 
Asphalts  340,400   461,188   459,072   275,803   340,400   461,188 
Other products  994,645   988,346   1,001,321   1,207,245   994,645   988,346 
  23,697,150   25,624,750   27,270,699   26,006,139   23,697,150   25,624,750 
Recognition of price differential (1)  1,048,022   441,871   485,409   2,229,953   1,048,022   441,871 
  24,745,172   26,066,621   27,756,108   28,236,092   24,745,172   26,066,621 
Foreign sales                        
Crude  17,278,579   21,181,265   30,835,510 
Crude oil  21,479,063   17,278,579   21,181,265 
Fuel oil  2,158,539   2,166,469   3,921,703   1,982,408   2,158,539   2,166,469 
Trading of crude  -   1,309,196   1,486,060 
Gasoline and turbo fuels  1,223,994   1,046,758   93,125 
Diesel  1,594,945   81,982   179,738   1,213,740   1,604,498   81,982 
Plastic and rubber  1,171,342   1,096,730   975,282   1,169,101   1,171,342   1,096,730 
Gasoline and turbo fuel  1,046,758   93,125   127,090 
Cash flow hedge for future exports – Reclassification to profit or loss (Note 31.2.1)  33,074   7,646   - 
Other products  457,152   344,237   690,397 
Natural gas  32,303   58,809   182,950 
LPG and propane  15,631   8,568   - 
Trading of crude  -   -   1,309,196 
Cash flow hedge for future exports – Reclassification to profit or loss (Note 30.2.2)  160,772   33,074   7,646 
Other  441,124   380,222   161,287 
  23,740,389   26,280,650   38,215,780   27,718,136   23,740,389   26,280,650 
Total sales revenue  48,485,561   52,347,271   65,971,888 
  55,954,228   48,485,561   52,347,271 

 

(1)Corresponds to the application of Decree 1880 of September 2014 and Resolution 180522 of 2010, which defined the procedure for price differentials (value generated by the difference between the parity price and the regulated price, which can be positive or negative). See sectionNote 4.16 – Sales revenue recognition, for more details.

 

Sales by geographic areas

 

OperatingThe following are the sales revenue by geographic areas is comprised as followsarea for the years ended December 31, 2017, 2016 2015 and 2014:2015:

 

 2016  %  2015  %  2014  %  2017  %  2016  %  2015  % 
Colombia  24,745,172   51.0%  26,066,621   49.8%  27,756,108   42.1%  28,236,092   50.5%  24,745,172   51.0%  26,066,621   49.8%
United States of America  11,956,967   24.7%  11,921,720   22.8%  14,977,109   22.7%
United States  12,532,932   22.4%  11,956,967   24.7%  11,921,720   22.8%
Asia  2,717,414   5.6%  6,123,593   11.7%  13,416,506   20.3%  6,136,796   11.0%  2,717,414   5.6%  6,123,593   11.7%
Central America and the Caribbean  6,070,565   10.8%  3,551,894   7.3%  3,366,978   6.4%
South America and others  1,947,226   3.5%  2,568,163   5.3%  886,433   1.7%
Europe  2,945,951   6.1%  3,981,926   7.6%  5,915,190   9.0%  1,030,617   1.8%  2,945,951   6.1%  3,981,926   7.6%
Central America and Caribbean  3,551,894   7.3%  3,366,978   6.4%  3,049,688   4.6%
South America and others  2,568,163   5.3%  886,433   1.7%  857,287   1.3%
Total  48,485,561   100%  52,347,271   100%  65,971,888   100%
  55,954,228   100%  48,485,561   100%  52,347,271   100%

 

  F-80F-84 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

Concentration of customers

 

During 20162017, Organización Terpel accountedS.A. represented 14.3% of sales revenue for 14.4% of total sales in the period (2015(2016 - 14.4% and 20142015 - 13.7%14.4%). No; no other customer hasrepresented more than 10% of total consolidatedour sales. There was no exposure that affects the financial position of Ecopetrol if the Company lost the client. The commercial relationship with this customer is for the sale of refinerefined products and transportation service.services. Sales to this customer are recognized byin the Refining and Petrochemical and transportationTransport and logistics Segments. OrganizacionLogistics segments. Organización Terpel is the leader in these areas thanks to its network of petrolgas stations and its strategy of sales to the industrial sales strategy and in the aviation segment.segments.

 

26.Cost of sales (before impairment of non-current assets)

 

The following is the detail of cost of sales perbreakdown by function for the years ended December 31, 2017, 2016 2015 and 2014:2015:

 

 2016  2015  2014  2017  2016  2015 
Variable costs                        
Imported products (1)  12,049,477   12,935,878   13,264,700   11,637,419   12,049,477   12,935,878 
Depreciation, depletion and amortization  5,333,245   5,166,455   5,114,053 
Hydrocarbon purchases - ANH (2)  3,178,199   3,741,010   6,630,309 
Depreciation, amortization and depletion  5,765,186   5,333,245   5,166,455 
Purchases of hydrocarbons - ANH (2)  4,338,576   3,178,199   3,741,010 
Purchases of crude in association and concession  1,517,829   1,928,938   3,293,594   2,240,704   1,517,829   1,928,938 
Hydrocarbons transportation services  783,307   1,380,733   1,548,115 
Processing materials  608,535   366,454   349,953 
Electric power  618,675   424,920   408,248 
Gas royalties in cash  478,332   481,029   399,752 
Process materials  889,122   608,535   366,454 
Hydrocarbon transport services  665,714   783,307   1,380,733 
Electric energy  561,424   618,675   424,920 
Purchases of other products and gas  519,884   703,163   1,021,327   488,056   519,884   703,163 
Taxes and contributions (3)  449,959   478,332   481,029 
Services contracted in associations  305,326   563,032   612,013   195,689   305,326   563,032 
Others (3)(4)  (432,694)  (322,547)  98,904   (663,916)  (432,694)  (322,547)
  24,960,115   27,369,065   32,740,968   26,567,933   24,960,115   27,369,065 
Fixed costs                        
Depreciation and amortization  2,050,739   1,433,263   1,144,437   2,366,849   2,050,739   1,433,263 
Maintenance  1,998,128   2,334,130   2,646,832   2,038,970   1,998,128   2,334,130 
Labor cost  1,571,511   1,542,701   1,369,654 
Labor costs  1,815,213   1,571,511   1,542,701 
Services contracted  1,414,056   1,083,176   1,301,094 
Services contracted in associations  1,260,470   1,415,422   1,674,322   1,008,336   1,260,470   1,415,422 
Services contracted  1,083,176   1,301,094   1,578,918 
Taxes and contributions  391,032   461,624   607,494 
General costs  383,842   461,994   441,718   510,128   383,842   461,994 
Materials and operating supplies  333,258   435,238   500,934   468,205   333,258   435,238 
Hydrocarbons transportation services  157,463   147,733   74,976 
Non-capitalized project costs  61,689   92,252   194,875 
Taxes and contributions  343,505   391,032   461,624 
Hydrocarbon transport services  333,671   157,463   147,733 
Non-capitalized costs of projects  41,459   61,689   92,252 
  9,291,308   9,625,451   10,234,160   10,340,392   9,291,308   9,625,451 
  34,251,423   36,994,516   42,975,128   36,908,325   34,251,423   36,994,516 

 

(1)Purchases ofImported products correspond mainly to diesel fuel and diluent agents to facilitate the transportationtransport of heavy crude oil.

 

(2)Corresponds mainly to purchases of crude royalties thatoil by Ecopetrol makes from the National Hydrocarbons Agency (Agencia Nacional de Hidrocarburosor ANH by its acronym in Spanish)(ANH) derived from national production, by both of the CompanyGroup in direct operation and of third parties.

 

(3)Includes gas royalties paid and carbon tax.

(4)Corresponds to the allocationcapitalization of inventories because the concepts of cost of sales are presented at 100%.production costs to inventory.

 

  F-81F-85 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

27.Administration, operationAdministrative, operations and project expenses

 

The following is the detail of administration, operation and project expenses, according to their function, for the years ended December 31, 2017, 2016 2015 and 2014:2015:

 

 2016  2015  2014  2017  2016  2015 
Administration expenses            
Administrative expenses            
General expenses  723,341   556,563   393,971 
Labor expenses  624,424   657,051   491,748 
Taxes (1)  663,889   730,841   102,028   362,963   663,889   730,841 
Labor expenses  657,051   491,748   463,836 
General expenses and other  556,563   393,971   410,288 
Depreciation and amortization  45,765   84,425   54,883   53,796   45,765   84,425 
  1,923,268   1,700,985   1,031,035   1,764,524   1,923,268   1,700,985 
Operation and project expenses            
Exploration expenses  728,590   1,584,249   2,576,294 
Operations and project expenses            
Exploration costs  1,341,940   728,590   1,584,249 
Commissions, fees, freights and services  568,513   878,259   1,244,045   471,657   568,513   878,259 
Corporate projects  301,854   456,159   269,495 
Taxes  286,331   348,871   449,824   324,223   286,331   348,871 
Labor expenses  278,383   309,021   266,362   310,947   278,383   309,021 
Maintenance  122,273   147,197   181,630 
Depreciation and amortization  177,252   86,215   103,834   95,516   177,252   86,215 
Maintenance  147,197   181,630   241,313 
Fee for regulatory entities  87,325   77,909   108,263   63,470   87,325   77,909 
Various  176,242   111,955   260,895 
Corporate projects  29,702   301,854   456,159 
Others  166,337   176,242   111,955 
  2,751,687   4,034,268   5,520,325   2,926,065   2,751,687   4,034,268 

 

(1)It mainly includesMainly corresponds to the recognition of the wealth tax. See Note 10 taxes.- Taxes.

 

28.Impairment of non-current assets

The detail of non-current assets impairment charges for the years ended December 31, 2016, 2015 and 2014 is as follows:

  2016  2015  2014 
Property, plant and equipment and Intangibles (Note 17)  561,738   4,144,754   1,495,113 
Natural and environmental resources (Note 17)  239,151   2,865,077   694,720 
Investments in associates and joint ventures (Note 14.2)  127,858   588,144   114,734 
Goodwill (Note 19)  -   266,900   - 
   928,747   7,864,875   2,304,567 

 F-82

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

29.Other operating income and (expenses), net

 

The following is the detail of other operating income and (expenses)or expenses for the years ended December 31, 2017, 2016 2015 and 2014:2015:

 

  2016  2015  2014 
Deferred income BOMT's (1)  211,768   193,197   140,372 
Recovery of provisions for litigation  112,999   205,879   203,688 
Compensation received  17,790   29,848   24,648 
Profit (loss) on sale of materials and property, plant and equipment  (82,200)  6,744   (111,378)
Current assets impairment expense (2)  (98,739)  (2,858)  (24,784)
Gas pipeline availability under BOMT’s contracts (1)  (125,077)  (124,957)  (102,916)
Other income (expenses), net  237,571   70,685   178,564 
   274,112   378,538   308,194 
  2017  2016  2015 
(Expense) recovery of provisions for litigations  (72,408)  112,999   205,879 
Expense for gas pipeline availability BOMT contracts (1)  (72,318)  (125,077)  (124,957)
Impairment expense of short-term assets  (68,800)  (98,739)  (2,858)
Profit (loss) on sale of assets  40,227   (82,200)  6,744 
Gain on acquisition of interests in joint operation (Note 32.3)  451,095   -   - 
Compensation received  -   17,790   29,848 
Deferred income BOMT contract’s (2)  -   211,768   193,197 
Other income  227,607   237,571   70,685 
   505,403   274,112   378,538 

 

(1)Corresponds to the services rendered in connection with the BOMT:Build, Operate, Maintain contracts for the construction, operation, maintenance and Transfer contracts arising from the saletransfer of Ecogas.
(2)Includes mainly an allowance for doubtful accounts and provisions for inventories.gas pipelines with Transgas. This contract terminated in August 2017.

 

30.(2)Corresponds to the amortization of the deferred income recognized by Ecopetrol in 2007 for the advance payment made by the Ministry of Finance and Public Credit of the obligations by Ecogas, in relation to the BOMT contracts for the construction, operation, maintenance and transfer of gas pipelines, signed between Ecopetrol and Transgas de Occidente, Centragas and Gases de Boyacá and Santander S.A. in 1997. The amortization of this deferred income ended in December 2016.

F-86

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

29.Financial result, net

 

The following is the detail of financial results net for the years ended December 31, 2017, 2016 2015 and 2014:2015:

 

  2016  2015  2014 
Financial income            
Resources from Santiago de las Atalayas (1)  688,664   -   - 
Yield and interest  386,001   293,507   286,527 
Valuation of financial assets  136,715   164,614   57,807 
Gain on sale of available-for-sale assets  47,129   72,339   - 
Gain on valuation of derivatives  42,865   -   2,282 
Dividends  10,369   91,464   53,202 
   1,311,743   621,924   399,818 
Financial expenses            
Interest (2)  (2,765,024)  (1,768,618)  (754,276)
Financial cost of other liabilities (3)  (580,491)  (627,827)  (651,055)
Other financial expenses  (67,786)  (45,614)  (36,410)
Expense from financial assets  (48,997)  (167,869)  (57,640)
Loss on valuation of derivatives  (1,242)  (108,486)  (140,913)
   (3,463,540)  (2,718,414)  (1,640,294)
Foreign exchange gain (loss), net (4)  976,430   (5,566,614)  (2,270,193)
Financial result, net  (1,175,367)  (7,663,104)  (3,510,669)
  2017  2016  2015 
Finance income            
Results from financial assets and others  739,148   136,715   164,615 
Yields and interests  405,562   386,001   293,506 
Gain on sale of equity instruments  13,236   47,129   72,339 
Resources from Santiago de las Atalayas (1)  -   688,664   - 
Other financial income  1,410   53,234   91,464 
   1,159,356   1,311,743   621,924 
Finance expenses            
Interest (2)  (2,385,994)  (2,765,024)  (1,768,618)
Financial cost of other liabilities (3)  (753,047)  (580,491)  (627,827)
Results from financial assets  (481,308)  (48,997)  (167,869)
Other financial expenses  (40,252)  (69,028)  (154,100)
   (3,660,601)  (3,463,540)  (2,718,414)
Foreign exchange gain (loss), net  5,514   976,430   (5,566,614)
Financial result, net  (2,495,731)  (1,175,367)  (7,663,104)

 

(1)Corresponds to the reversalrecovery of athe provision relating to a litigation“Comuneros – Santiago de las Atalayas which mostlyAtalayas”. Its balance consisted mainly from the valuation and financial yieldsgains generated in the time of permanence ofwhile the cash that was subject to the cautionreserve (see Note 23.3 for more information).

 

(2)Interest was capitalized duringAs of December 31, 2017, borrowing costs for the period tofinancing of developing natural resources and property, plant and equipment forof COP$191,651 (2016 - COP$341,209 (2015 –and 2015 - COP$744,426 and 2014 – COP$640,698)744,426) were capitalized.

 

(3)Includes the financial costexpense of the asset retirement obligation and the liabilities for post-employment benefits liabilities.benefits.

 

(4)Foreign exchange gain was COP$17,359,601 in 2016 (2015 - COP$21,813,720 and 2014 – COP$27,380,334) and foreign exchange loss was COP$16,383,171 in 2016 (2015 – COP$7,360,782 and 2014 – COP$9,630,975).

 F-83

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

31.30.Risk management

 

31.130.1Commodity price risk

 

Ecopetrol´sEcopetrol’s business depends substantially onis significantly impacted by international prices for crude oil and refined products. The prices for these products are volatile and drastic changes couldadversely affect the CompanyGroup business prospects and results of operationsoperations.

 

A large proportion of Ecopetrol´sEcopetrol’s sales revenues come from sales of crude oil, natural gas and refined products. These products are indexed to international reference prices such as the Brent Index.index. Consequently, fluctuations in those international indexes have a direct effect on the financial condition and Company´sGroup’s results of operations.

 

Prices of crude oil, natural gas and refined products have historically fluctuated as a result of a variety of factors including, among others, competition within the oil and natural gas industry; changes in international prices of natural gas and refined products; long-term changes in the demand for crude oil, natural gas and refined products; regulatory changes; changes in the cost of capital; adverse economic conditions; transactions in derivative financial instruments related to oil and gas and development or availability of alternative fuels.

 

The Ecopetrol Business Group has a policy approved by the Board of Directors that allows it to use derivative financial instruments in the organized market over the counter (OTC) market to cover itself from the risk of price fluctuations of crude oil and refined products associated towith physical transactions. The CompanyGroup has established appropriate processes to handle risk thatwhich include constant monitoring of physical and financial marketmarkets to identify risks in order to subsequently prepare and execute hedging strategies.

F-87

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

Ecopetrol does not regularly use derivative instruments to hedge exposures to sales or purchase price risks. The impact of the settlement of the price hedges made during the yearsin 2016 and 2015 haswas not been material and were executedwas made as hedging instruments to mitigate risk at different price indices to the benchmark of the Company'sGroup's international trade strategy on exports of crude and imports of products.

 

As of December 31,In 2017, hedging transactions were not carried out with derivative instruments. In 2016 and 2015, then outstanding price hedges were fully settled in full, with an impact on the result of the period of COP$3,181 and COP$4,141, respectively.

 

31.230.2Exchange rate risk

 

The groupEcopetrol Business Group operates mainly operates in Colombia and makes sales in the local and international markets. For this reason, itIt is exposed to the exchange rate risk, thatwhich arises from various foreign currency exposures due tocommercial transactions and assets and liabilities helddenominated in foreign currency.The impact of fluctuations in exchange rates,rate fluctuations, especially the Pesos/US$Colombian peso/U.S. dollar exchange rate, on operations has been material.material in previous years. To mitigate this risk, the Group's risk management strategy involves the use of non-derivative financial instruments related to cash flow hedges for future exports and net investment of foreign operations to minimize exchange rate risk exposure.

 

The US$/pesosU.S. dollar/Colombian peso exchange rate has fluctuated over the last few years. The Colombian peso appreciated on average by 3.3% in 2017. During 2016 and 2015, the Colombian peso depreciated by an average of 11.2% and 37.3% in 2016 and 2015, respectively; on the other hand, the, respectively. The closing exchange rates were COP$3,000.71, COP$3,149.472,984.00 COP $3,000.71 and COP$2,392.46 as of December 31,COP $3,149.47 to US$1.00 for 2017, 2016 2015 and 2014,2015, respectively.

 

When the Colombian peso appreciates in comparison withrelation to the U.S. dollar, export sales revenue decreasedecreases when translated into COP. However,converted to Colombian pesos; however, imported goods, the oil services and interest on externalforeign debt denominated in U.S. dollars become less expensive. Conversely, when the Colombian peso depreciates, in comparison with the U.S. dollar salesexport revenues, from exports, when translated into COP, increase,to Colombian pesos, increases, and imports and servicing of the external debt service become more expensive.

 

The following table sets out the carrying valuesamount for financial assets and liabilities denominated in foreign currencies atcurrency as of December 31, 20162017 and 2015:2016:

 

  2016  2015 
US$ Million        
Cash and cash equivalents  1,916   970 
Other financial assets  1,367   381 
Trade receivables and payables, net  (282)  (546)
Loans and borrowings  (15,172)  (14,634)
Net liability position  (12,171)  (13,829)

 F-84

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

(in US$ Million) 2017  2016 
Cash and cash equivalents  1,203   1,916 
Other financial assets  1,072   1,367 
Trade receivables and payables, net  (7)  (282)
Loans and borrowings  (12,590)  (15,172)
Net liability position  (10,322)  (12,171)

 

Of the total net liability position, US$2,8788,532 million relates to financial assets and liabilities for companies that have the Colombian pesodesignated as their functional currency whose value has affected results for the financial year. Likewise, US$(15,049) million of the net position relates to monetary assets and liabilities for group companies that have the dollar as their functional currency and non-derivatenon-derivative hedging instruments fromof Ecopetrol, whose value ison which unrealized foreign exchange gains and losses are recognized in other comprehensive income.income, within equity. Likewise, US$ 1,699 million corresponds to the net liability position in U.S. dollars of Ecopetrol Business Group companies whose functional currency is the U.S. dollar, without affecting profit or loss and US$91 million correspond to the net liability position in U.S dollars of Ecopetrol Business Group companies whose functional currency is Colombian pesos with foreign exchange affects the profit or loss.

F-88

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

30.2.1Sensitivity analysis for exchange rate risk

 

The Company’sGroup’s risk management strategy involves the use of non-derivative financial instruments related to cash flow hedges for future exports and hedges of a net investment in a foreign operation in order to minimize exposure to currency rate risk, which is detailed below. The following is the effect of a change of 1% and 5% in the exchange rate of the Colombian peso as compared with the U.S. dollar, on the balance of financial assets and liabilities denominated in foreign currency as of December 31, 2017:

Scenario / Variation in
the exchange rate
  Effect on income
before taxes (+/-)
  Effect on other
comprehensive income (+/-)
 
 1%  2,715   305,293 
 5%  13,577   1,526,465 

The sensitivity analysis only includes financial assets and liabilities in foreign currency at the closing date.

 

31.2.130.2.2Cash flow hedge for future exports

 

Ecopetrol is exposed to foreign exchange risk given that a highsignificant percentage of its income from crude export sales revenues areoil exports is denominated in U.S. dollars. In recent years, the CompanyGroup has acquired long-term debt for investment activities in the same currency that projects receivingin which it expects to receive the cash flow of its export sales revenues. This situation creates a natural hedge relationship due to the fact that the risks generated by the foreign exchange difference of export sales revenues to Ecopetrol´swhen booked in Ecopetrol’s functional currency (Colombian pesos) are naturally hedged with the foreign exchange valuation risksvariances of the long-term debt, in U.S. dollars, alignedline with the company’sGroup's risk management strategy.

 

With the objective of presenting in the financial statements the effect of the mentionedexisting natural hedge between exports and debt, understanding that the exchange rate risk materializes when the exports are made, on October 1, 2015, the Board of Directors designated the sum of US$5,440 million of Ecopetrol’sEcopetrol's foreign currency debt as a hedge instrument of its future export salesrevenue from crude oil exports, for the period 2015- 2023,2015-2023, in accordance with IAS 39 - Financial instruments: recognitionRecognition and measurement.Measurement.

 

Hedge accounting records the impact of foreign exchange gains/losses on the hedging instrument on statement of profit or loss effectively at the time of realization of the hedged risk. For this to happen, every month when the foreign currency debt is translatedconverted to Colombian pesos atbased on the closing exchange rate for the period, the effects on foreignfor exchange differencesdifference are recognized as part of thein other comprehensive income. Onceincome, within equity and, as crude oil exports take place and the hedged operationhedge occurs and sales revenue is recognized, the cumulative exchange differences held within in other comprehensive income isare reclassified to profit or loss statement, impacting operating income and EBITDA.income.

The following shows the movement of this non-derivative hedging instrument at December 31, 2016 and 2015:

(US$ Million) 2016  2015 
Hedging instrument at the beginning of the period  5,376   5,376 
Reassignment of hedging instruments  870   277 
Realized exports  (870)  (277)
Capital payments  (64)  - 
Hedging instrument at the end of the period  5,312   5,376 

 F-85

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

The following is the movement of foreign currency debt designated as a non-derivative hedging instrument for the years ended December 31, 2017 and 2016:

(US$ Million) 2017  2016 
Hedging instrument at the beginning of the period  5,312   5,376 
 Reassignment of hedging instruments  1,803   870 
 Realization of exports  (1,803)  (870)
 Capital payments (1)  (1,980)  (64)
 Hedging instrument at the end of the period  3,332   5,312 

(1)On June 30, 2017, Ecopetrol prepaid the entire outstanding balance of the international syndicated loan whose nominal value was US$ 1,925 million and original maturity date was in February 2020.

F-89

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

The following is the movement of accumulated foreign currency gains and losses in respect of the cash flow hedge recognized in other comprehensive income as offor the years ended December 31:31, 2017 and 2016:

 

 2016  2015  2017  2016 
Opening balance  217,291   -   (244,131)  217,291 
Exchange difference on hedging instruments  (724,395)  352,482 
Exchange difference  15,934   (724,395)
Reclassification to profit or loss  (33,074)  (7,646)  160,772   (33,074)
Ineffectiveness  (9,247)  - 
Deferred income tax  296,047   (127,545)  (82,622)  296,047 
Closing balance  (244,131)  217,291   (159,294)  (244,131)

 

The expected reclassification of the cumulative exchange differences accumulatedrate difference in other comprehensive income to the profit or losssetting the statement, taking an exchange rate atof COP$3000.712,984 per US$1.00 is as follows:

 

Year Peso equivalents  Income tax  Net  Before
taxes
  Taxes  After taxes 
2017  102,454   (41,838)  60,616 
2018  117,447   (47,960)  69,487   95,462   (33,439)  62,023 
2019  102,307   (41,778)  60,529   66,039   (23,132)  42,907 
2020  33,981   (13,876)  20,105   23,804   (8,338)  15,466 
2021  16,847   (6,880)  9,967   21,541   (7,545)  13,996 
2022  16,847   (6,880)  9,967   21,541   (7,545)  13,996 
2023  22,750   (9,290)  13,460   16,786   (5,880)  10,906 
  412,633   (168,502)  244,131   245,173   (85,879)  159,294 

 

31.2.230.2.3Hedge of a net investment in a foreign operation

 

The Board of Directors approved the application of net investment hedge accounting of net investment from June 8, 2016. The measure seeksis intended to reduce the volatility of non-operating income due to the exchange difference.rate variations. The hedge of a net investment applies tohedge will be applied on a portion of theGroup’s investments the Company has in foreign currency,operations, in this case on investments in subsidiaries withwhich have the US dollarsdollar as their functional currency, using as hedging instrument a portion of the Company’sGroup’s US dollar denominated debt denominated in US dollars.as the hedging instrument.

 

Ecopetrol designated as hedged itemsthe net investments in Ocensa, Ecopetrol America Inc., Hocol Petroleum Ltd. (HPL) and Reficar;Reficar and as hedged items and as a hedging instrument a portionand US$5,200 million of itsthe Group’s US dollar debt denominated in US dollars in a total amount equivalent to US $5,200 million.as the hedging instrument.

 

FromThe following is the implementation tomovement of accumulated foreign currency gains and losses in respect of the date of this report thisnet investment hedge has been effective.

Gain on exchange difference of these debts net of taxes recognized in the other comprehensive income atfor the years ended December 31, 2016, was COP$155,359.2017 and 2016:

  2017  2016 
Opening balance  155,359   - 
Exchange difference  (86,892)  231,879 
Ineffectiveness  329   - 
Deferred income tax  28,566   (76,520)
Closing balance  97,362   155,359 

F-90

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

31.2.330.2.4HedgesHedging with derivatives to minimize currency risk

 

The CompanyGroup carries out forwards hedging operations using the Non-Delivery modality, whose purpose isfor mitigating the volatility of the exchange rate in the cash flow required for operations of its subsidiary, Ocensa, whose functional currency is the US dollars.dollar. The forward hedging instruments used enable setting the sale pricesales prices in US dollars, seeking to counteractmitigating the effects from devaluation or revaluation at the time in which Ocensa monetizes the resources necessary to fulfill its monthly or specificforeign exchange variation given Ocensa’s obligations relative to operational cost and tax payments which are payable in Colombian pesos. The accounting policy applicable to this operation is described in the Note 4.1.5.1.

 

As of December 31, 20162017, there are forwardsforward contracts with a net short position of US $323for US$325 million (2015(2016 - US $387). US$323 million) with maturities between January and December 2018.

The impact on the income statement resulting fromof profit or loss for the liquidationsettlement of these hedges amountingamounted to COP$99,971 (2016- COP$42,865 of profit (2015- COP$86,914 of loss)profit) and the amount recognized onin the other comprehensive income was COP$33,869a gain of profit (2015 – COP$60,08335,769 (2016 gain of loss)COP$33,869).

 F-86

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

31.2.4Sensitivity analysis for exchange rate risk

The following table shows the impact that a variation of 1% and 5% in the exchange rate of the Colombian peso vs the US dollar would have on the assets and liabilities held in such currency at December 31, 2016:

Scenario/
Variation in the

exchange rate

  Effect on income before
taxes (+/-)
  Effect on other comprehensive
income (+/-)
 
 1%  86,363   451,577 
 5%  431,813   2,257,884 

The sensitivity analysis includes only monetary assets and monetary liabilities held in foreign currency at the closing date.

 

31.330.3Credit risk

 

Credit risk is the risk that the CompanyGroup may suffer financial losses as a consequence of the breach of contractsdefault of: a) payments by its clients for purchase andthe sale of crude oil, gas, refined and petrochemical products and transportation services, in addition to theor services; b) financial institutions in which it keeps investments, or thec) by counterparties with which it has contracted derivative financial instruments.

 

Credit risk for customers

30.3.1Credit risk for customers

 

In performance of the saleselling process of crude oil, gas, refined and petrochemical products and transportationpetrochemicals, and transport services, the CompanyGroup may be exposed to credit risk in the event that customers fail to comply withfulfill their payment obligations. RiskThe Group’s risk management strategy has designed mechanisms and procedures that have permitted the Companyaim to minimize the probability of materializationsuch events, thus safeguarding the Company’sGroup's cash flow.

 

The CompanyGroup performs a continuous analysis of the financial strength of its counterparties, which implies their classificationby classifying them according to their risk level and financial supportsguarantees in the event of a cessationdefault of payments. In addition, a constant monitoring is made ofSimilarly, the Group continuously monitors national and international market conditions in order to establishfor early alerts of major changes that may have an impact on the timely payment of obligations from customers of the Company.Group.

 

For the bad debts, anAllowances for loan losses are set by individual analysis is performed that allow to analyze the situation of each customer and thus define the applicable allowance to be established, such as age of receivables.customer’s situation. The group carries out theGroup performs administrative and legal actions necessaryrequired to recover amounts past due accounts receivable as well as the recognition ofand charges interest offrom customers who do notthat fail to comply with payment policies.

 

The business groupEcopetrol does not have a significant concentrationsconcentration of credit risk. The following is theAn aging analysis of aging of customerthe accounts receivable portfolio in arrears, but not impaired, atas of December 31, 2017 and 2016 and 2015:is as follows:

 

 2016  2015  2017  2016 
Less than 3-month overdue  179,008   71,791   65,354   179,008 
Between 3- and 6- month overdue  14,275   4,862 
Between 3- and 6-month overdue  1,131   14,275 
More than 6-month overdue  103,574   116,849   79,688   103,574 
Total  296,857   193,502 
  146,173   296,857 

 

  F-87F-91 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

Credit qualityEcopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of resources in financial assetsColombian pesos, unless otherwise stated)

30.3.2Credit quality of resources in financial assets

 

Following the promulgation of Decree 1525 of 2008, which provides general rules on investments for public entities, Ecopetrol’s management established guidelines for our investment portfolios. These guidelines determine that investments in Ecopetrol’s U.S. dollar portfolio are generally limited to investments of our excess cash in fixed-income securities issued by entities rated A or higher in the long term and A1/P1/F1 or higher in the short term (international scale) by Standard & Poor’s Ratings Services, Moody’s Investors Service or Fitch Ratings.

In addition, Ecopetrol S.A. may also invest in securities issued or guaranteed by the U.S. government or Colombian government, without regard to the ratings assigned to such securities. In Ecopetrol’s pesoColombian Peso portfolio, it must invest our excess cash excess in fixed-income securities of issuers rated AAA in the long term, and F1+/BRC1+ in the short term (local scale) by Fitch Ratings Colombia or BRC Standard & Poor’s. In addition, Ecopetrol may also invest in securities issued or guaranteed by the Colombian government without rating restrictions.

 

In order to diversify risk in our pesoColombian Peso portfolio, Ecopetrol does not invest more than 10% of the excess of cash in one specific issuer. In the case of our U.S. dollar portfolio, it does not invest more than 5% of the excess of cash in one specific issuer in the short term (up to 1one year), or 1% in the long term.

Ecopetrol’s investment portfolio in U.S. dollars is segmented into four tranches, each one matching our liquidity needs. The Company complied with this policyworking capital tranche is calculated taking into account our cash flow needs for the next 60 days. The liquidity tranche is calculated as the contingent cash flow needs over the working capital, taking into account the development of December 31,2016capital expenditures related to projects. The asset liability tranche is built to match our long-term debt. The investment tranche includes the remaining amount of the total portfolio after deducting the amounts pertaining to the above mentioned tranches and 2015.after subtracting the Colombian Peso portfolio.

Ecopetrol’s investment portfolio in Colombian Pesos is segmented in two tranches, each one matching our liquidity needs. The first tranche is calculated taking into account our cash flow needs for the next 30 days, and the second tranche is built for investment purposes.

 

The tables below reflects the credit qualityrating of issuers and counterparties in transactions involving financial instruments at December 31, 2016is disclosed in Note 6 - Cash and 2015:cash equivalents, Note 7 - Other financial assets and Note 21 - Provisions for employee benefits.

  Cash and cash
equivalents
  Other financial assets  Plan assets 
Credit quality 2016  2015  2016  2015  2016  2015 
AAA  3,198,394   581,303   1,858,665   1,130,216   9,077,893   7,597,462 
F1+  2,188,471   3,696,327   1,636,039   217,493   416,439   43,351 
A1  1,466,015   -   3,060,660   -   -   - 
F1  545,872   1,247,398   -   48,919   -   - 
F2  409,717   421,084   -   -   -   - 
BRC 1+  312,290   120,217   -   -   309,282   221,257 
Prime-2  78,989   -   -   -   -   - 
A1+  73,470   294,931   -   -   -   - 
F3  37,172   -   -   -   -   - 
Prime-3  32,748   31,862   -   -   -   - 
B  144   -   -   -   -   - 
AA+  -   -   50,192   -   470,944   661,604 
AA  -   -   5,289   -   79,750   68,481 
AA-  -   -   3,730   -   34,197   55,077 
A  -   -   -   -   4,175   4,682 
BBB+  -   -   -   -   193,835   196,815 
BBB  -   -   -   125,936   150,808   388,586 
BBB-  -   -   -   -   23,237   1,569,850 
BB+  -   -   -   -   -   28,999 
BB  -   -   -   -   -   22,572 
CCC  -   -   -   -   489   1,035 
A-  -   -   -   -   9,111   - 
A+  -   -   -   -   8,841   - 
A3  -   -   -   -   61,325   - 
AA3  -   -   -   -   14,385   - 
BA2  -   -   -   -   3,006   - 
BA3  -   -   -   -   12,802   - 
BAA1  -   -   -   -   5,274   - 
BAA2  -   -   -   -   141,940   - 
BAA3  -   -   -   -   131,993   - 
BB-  -   -   -   -   11,001   - 
BRC1  -   -   -   -   7,710   - 
BRC2+  -   -   -   -   5,763   - 
CC  -   -   -   -   734   - 
SP1+  -   -   -   -   7,013   - 
VRR1+  -   -   -   -   55,821   - 
Unrated  67,185   157,328   72,320   62,815   885,407   701,717 
Total  8,410,467   6,550,450   6,686, 895   1, 585,379   12,123,175   11,561,488 

 F-88

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

31.430.4Interest rate risk

 

Interest rate risk arises from Ecopetrol’s exposure to changes in interest rates because the groupEcopetrol Business Group has investments in fixed and floating-rate instruments in Ecopetrol’s investment portfolio and issuances ofhas issued floating rate debt linked to LIBOR, DTF and IPC interest rates. Thus, interest rate volatility may affect the fair value and cash flows related toof the Company'sGroup's investments and the financial expense of floating rate loans and financing.

 

As of December 31, 2016 and 20152017, 19% (2016, 31%) of the Group’s indebtedness has ais linked to floating rate.interest rates. As a result, if the market interest rate risesrates rise, financing costsexpenses will increase, which could have an adverse effect on the results of operations.

 

Ecopetrol controls the exposure to interest rate risk by establishing limits to its effectiveexposure duration, Value at Risk - VAR andtracking errorerror..

 

Autonomous equities linked to Ecopetrol’s pension obligations are also exposed to changes in interest rates, as they include fixed and floating rate instruments that are marked to market. Colombian regulation for pension funds, as stipulated in the Decree 941 of 2002 and Decree 1861 of 2012, indicates that they have to follow the same regime as the regular obligatory pension funds in their moderate portfolio.

 

F-92

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

The following table provides information about the sensitivity of Company´sGroup’s results and other comprehensive income for the next 12 months to variations in interest rate of 100 basis points:

 

  Financial liabilities  Financial assets  Plan assets 
Variation in interest rate (Financial expenses)  (Financial income)  (Other comprehensive income) 
+ 100 basis points  321,000   40,670   376,255 
- 100 basis points  (245,568)  (40,670)  (383,158)
  Effect on profit or loss (+/-)  Effect on Other
Comprehensive Income (+/-)
 
  Financial
assets
  Financial
Liabilities
  Plan assets 
 +100 basis points  (66,120)  112,383   (171,031)
 -100 basis points  66,120   (112,282)  183,988 

 

SensitivityA sensitivity analysis of discount rates on pension plansplan assets and liabilities is showndisclosed in the Note 22 – Provisions for employee benefits.

 

31.530.5Liquidity risk

 

The ability to access the capital necessary to finance the Company´sGroup’s investment plans on acceptable terms can be limited due to deterioration in market conditions. A new financial crisis could worsen the risk perception in the emerging markets.

 

Risks related to Colombia’sEvents impacting the political and regional environment of Colombia, could also make it more difficult for our subsidiaries to access the international capital markets. These conditions, alongtogether with potential significant write-offslosses in the financial services sector and the re-pricing ofchanges in credit risk canassessments, may make it difficult to obtain funding for capital needsfinancing on favorable terms. As a result, wethe Group may be forced to revisereview the timingopportunity and scope of these projectsits investment plans as necessary, to adapt to existing market and economic conditions, or access the financial markets onunder less favorable terms, less favorable; therefore,thereby negatively affecting the Company´sGroup’s results of operations and financial condition.position.

 

Liquidity risk is managed in accordance with the Company´sGroup’s policies aimed at ensuring that there are sufficient net funds to meet the Company'sGroup's financial commitments within its maturity schedules with no additional costs. The main method for the measurement and monitoring of liquidity is cash flow forecasting.

 

During 2017, the Group used US$2,400 million as part of its liquidity surpluses to prepay part of its foreign currency debts that had original maturities between 2020 and 2021. The details of these movements are described in Note 20 - Loans and borrowings.

The following is a summary of the maturity of financial liabilities atas of December 31, 2016.2017. The amounts disclosed in the table are the contractual undiscounted cash flows. The payments in foreign currency were restated taking a constant exchange rate of $ 3,000.71 Colombian pesosCOP$2,984.00 per US dollar. Consequently, these amounts may not reconcile with the amounts disclosed on the consolidated statement of financial position:

 

  Up to 1 year  1-5 years  5-10 years  > 10 years  Total 
Loans (principal and interests)  4,268,060   29,965,353   25,736,624   20,589,796   80,559,833 
Trade and other accounts payable  6,854,363   23,893   -   -   6,878,256 
Total  11,122,423   29,989,246   25,736,624   20,589,796   87,438,089 
  Up to 1 year  1-5 years  5-10 years  > 10 years  Total 
Loans (payment of principal and interest)  5,040,130   28,151,892   18,873,280   15,484,650   67,549,952 
Trade and other payables  6,968,207   134,815   -   -   7,103,022 
Total  12,008,337   28,286,707   18,873,280   15,484,650   74,652,974 

 

  F-89F-93 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

31.630.6Capital management

 

The main objective of Ecopetrol’s Capital Managementthe capital management of the Ecopetrol Business Group is to ensure a financial structure that will optimizeoptimizes the Company’s cost of capital, maximizemaximizes the returnsrate of return to its shareholders and allows access to financial markets at a competitive cost to cover financing needs that support an investment grade credit rating profile.

Net financial debt is financing needs.calculated by taking short-term and long-term loans and borrowings less cash and cash equivalents and investments in securities as of December 31 of each year. The level of leverage is calculated as the ratio between net financial debt and the sum of equity and net financial debt. The following is the information of these indicators as of December 31, 2017 and 2016:

  2017  2016 
Loans and borrowings (Note 20)  43,547,835   52,222,027 
Cash and cash equivalents (Note 6)  (7,945,885)  (8,410,467)
Other financial assets (Note 9)  (6,533,725)  (6,686,895)
Net financial debt  29,068,225   37,124,665 
Equity (Note 24)  48,215,699   43,560,501 
Leverage  37.61%  46.01%

 

The leverage index atmovement of the relevant periodsnet financial debt is comprised as follow at December 31, 2016 and 2015:detailed in Note 20.8.

 

  2016  2015 
Loans and borrowings (Note 20)  52,222,027   53,223,338 
Cash and cash equivalents (Note 6)  (8,410,467)  (6,550,450)
Other financial assets not restricted (Note 9)  (6,686,895)  (885,547)
Net financial debt  37,124,665   45,787,341 
Equity (Note 24)  43,560,501   43,100,963 
Leverage (1)  46.01%  51.51%

(1)Net financial debt / (Net financial debt + Equity)

  F-90F-94 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

32.31.Related parties

 

Balances with associated companiesassociates and joint ventures as of December 31, 20162017 and 20152016 are as follows:

 

  Accounts
receivable
  Other assets  Accounts
payable
  Loans 
Joint ventures                
Equion Energía Limited  97,601   7,135   89,666   30,644 
Ecodiesel Colombia S.A.  129   -   20,765   - 
Offshore International Group (1)  170,121   -   -   - 
Associates                
Serviport S.A.  -   -   3,989   - 
Balance at December 31, 2016  267,851   7,135   114,420   30,644 
  Accounts
receivable
  Accounts
receivable
- Loans
  Other
assets
  Accounts
payable
  Loans  Other
liabilities
 
Joint Ventures                        
Equion Energy Limited (1)  4,010   -   7,716   101,472   259,760   7 
Ecodiesel Colombia S.A.  362   -   -   22,228   -   - 
Associates                        
Invercolsa S.A.  18,641   -   -   -   -   - 
Offshore International Group Inc. (2)  -   154,810   -   -   -   - 
Serviport S.A.  -   -   -   5,820   -   - 
Balance as of December 31, 2017  23,013   154,810   7,716   129,520   259,760   7 
Current  23,013   -   7,716   129,520   259,760   7 
Non-current  -   154,810   -   -   -   - 
   23,013   154,810   7,716   129,520   259,760   7 

 

  Accounts
receivable
  Other assets  Accounts
 payable
  Loans 
Joint ventures                
Equion Energía Limited  64,583   28,668   62,861   45,913 
Ecodiesel Colombia S.A.  -   -   22,243   - 
Associates                
Serviport S.A.  141   -   2,359   - 
Balance at December 31, 2015  64,724   28,668   87,463   45,913 
  Accounts
receivable
  Accounts
receivable -
Loans
  Other assets  Accounts
payable
  Loans 
Joint Ventures                    
Equion Energy Limited  97,601   -   7,135   89,666   30,644 
Ecodiesel Colombia SA  129   -   -   20,765   - 
Offshore International Group (2)  -   170,121   -   -   - 
Associates                    
Serviport SA  -   -   -   3,989   - 
Balance as of December 31, 2016  97,730   170,121   7,135   114,420   30,644 
Current  97,730   -   7,135   114,420   30,644 
Non-current  -   170,121   -   -   - 
   97,730   170,121   7,135   114,420   30,644 

 

(1) The accounts receivable correspond to a loan granted to Offshore International Group Inc. for US $57 million in April 2016, at an interest rate of 4.99% payable semi-annually from 2017 and maturing in 2021.Loans with related parties:

(1)Deposits held by Equion in Capital AG for a nominal value of US$ 77 million with maturity in January 2018 and a weighted average rate of 1.44%.

(2)Loan granted by Ecopetrol SA to Savia Perú SA (subsidiary of Offshore International Group) for US$57 million in 2016, with an interest rate of 4.99% payable semiannually from 2017 and maturating in 2021. The balance in nominal value of this loan as of December 31, 2017 is US$49 million.

 

The amounts outstanding are not guaranteed and will be settled in cash. No expense has been recognized in the current period or in priorprevious periods with respect to uncollectible or doubtful accounts related to the amounts owed by related parties.

F-95

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

The main transactions with related entitiesparties for the years ended December 31, 2017, 2016 2015 and 20142015 are detailed as follows:

 

  2016  2015  2014 
  Sales and
services
  Purchases
and others
  Sales and
services
  Purchases
and others
  Sales and
services
  Purchases
and others
 
Joint ventures                        
Equion Energía Limited  491,698   418,618   515,968   190,158   908,357   79,264 
Ecodiesel Colombia S.A.  5,744   265,584   7,245   267,647   3,840   220,834 
Offshore International Group  6,285   -   -   -   -   - 
Associates                        
Serviport S.A.  -   24,572   -   -   -   - 
Total  503,727   708,774   523,213   457,805   912,197   300,098 
  2017  2016  2015 
  Sales and
services
  Purchases
and others
  Sales and
services
  Purchases
and others
  Sales and
services
  Purchases
and others
 
Joint Ventures                        
Equion Energy Limited  425,881   598,636   491,698   418,618   515,968   190,158 
Ecodiesel Colombia SA  6,583   259,269   5,744   265,584   7,245   267,647 
Offshore International Group  15,188   -   6,285   -   -   - 
Associates                        
Serviport SA  -   -   -   24,572   -   - 
Total  447,652   857,905   503,727   708,774   523,213   457,805 

 

The dividends received byfrom these companiesCompanies are listedrelated in Notenote 14 - Investments in companies.

 F-91

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

associates and joint ventures.

 

32.131.1Key executives management

 

Based on a resolution adopted atIn accordance with the annualapproval given by the shareholders’ meeting in 2012, compensation paid to directors isfor attending the equivalentmeetings of the Board of Directors and / or committees increased from four to six minimum legal monthly wage salaries which totalsin force, or approximately COP $3,870,000 pesosto COP$4,426,000 for 20152017, from COP$4,140,000 for 2016 and COP $4,140,000 pesosCOP$3,870,000 for 2016. Fees for attendance at virtual meetings are set at2015. For non-face-to-face sessions, 50% of the quota for face-to-face meeting fee.meetings is set. The members of the Board of Directors isdo not subjecthave any kind of variable remuneration. The amount paid in 2017 for compensation to any variable remuneration.The amount canceled in 2016 for fees tomembers of the Board membersof Directors amounted to COP$1,253 (20151,877 (2016 - COP$1,238)1,253).

 

The total compensation paid to Directors executive officers and senior management during the year endedas of December 31, 20162017 amounted to COP$13,901 (201520,669 (2016 - COP$6,690)13,901). The Directors are not eligible to receive pension and retirement benefits. The total amount set asidereserved as of December 31, 20162017 to provide pension and retirement benefits to our eligible executive officers amounted to COP$4,674 (20155,401 (2016 - COP$10,341)4,674).

 

As of December 31, 2016,2017, the following key management executivesofficers owned less than 1% of the outstanding shares of Ecopetrol S.A. as follows:

 

Key management executivepersonnel % ShareholdingShares
JoaquíFelipe Bayón Moreno Uribe <1% of outstanding shares
Mauricio Cárdenas Santamaría <1% of outstanding shares  
Héctor Manosalva Rojas <1% of outstanding shares  
Rafael Espinosa Rozo <1% of outstanding shares
Patricia Stella Zuluaga<1% of outstanding shares
Juan Carlos Echeverry<1% of outstanding shares

 

32.231.2Post-employment benefit plans

 

The administration and management of resources for payment of Ecopetrol's pension obligations are managed by autonomous pension autonomous equities (PAP,funds (PAPs, by its acronym in Spanish) which serve as guarantee and payment source.sources. These funds were established in compliance with the provisions of decreeDecree 2153 of 1999 which authorized, as of December 31, 2008 partial commutation of the value corresponding to monthly payments, bonuses and contributions, transferring said obligations and money supporting them to autonomous patrimonies of a pensional nature.for pensions.

 

As of December 31, 2017 and 2016, the entities managing these resources were: Fiduciaria Bancolombia, Fiduciaria de Occidente and Consorcio Ecopetrol PAAC (comprised byof Fiduciaria La Previsora, Fiduciaria Bancoldex, Fiduciaria Agraria and Fiduciaria Central). These entities will manage pension resources for a five-year term (2016 - 2021) and as consideration they receive a remuneration with fixed and variable components which is calculated on the gross yield of the portfolios and are charged to manage resources.

 

F-96

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

32.331.3Government related parties

 

The Colombian Government holds control ofcontrols Ecopetrol with a stock ownership of 88.49%. The most significant transactions with governmental entities are comprised as follows:

 

a)Purchase of oil formfrom the National Hydrocarbons Agency - ANH

 

Because of the business nature the CompanyThe Group has a direct relationship with ANH, an entity which operates under the rules of the Ministry of Mines and Energy, rules, of whichwhose objective is to manage the oil and gas reserves and resources owned by the Colombian Nation.

 F-92

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

Ecopetrol purchases the crude oil that the ANH receives from all producers in Colombia at the prices set in accordance with a jointly established formula, which reflects the export sale prices (crude oils and products), adjustment to theadjusted for API gravity quality, sulfur content, transportation rates from the wellhead to the ports of Coveñas and Tumaco, refining process cost and a commercialization rate. This contract was extended to June 30, 2018.

 

AtFrom December 2013 the CompanyGroup commercialized, on behalf of the ANH, the natural gas received by the latter in kind from the producers. Since January 2014, ANH receives thehas received royalties in cash for the production of natural gas.

 

The purchase value of oil and gas from AHNANH is detailed in Note 26 - Cost of sales.

 

Additionally Ecopetrol, like other oil companies, takes part in "rounds" for the allocation of exploration blocks in Colombia without implying special treatment for Ecopetrol on account of it being an entity whose majority shareholder is the Ministry of Finance.Colombian Government.

 

b)Price differential

 

Regular gasoline and diesel sale prices are regulated by the National Government. In this case, there are differentials between the volume reported by the Colombian companies at the time of the sale and the difference between the international parity price and the benchmarkregulated price actually charged, where the parity price is that corresponding to the daily motorprice of gasoline and diesel prices observed duringoil of the month.respective month in Colombian pesos, indexed to the United States of America Gulf market, calculated in accordance with Resolution 18 0522 of 2010 and the Producer Price reference defined by the Ministry of Mines and Energy. These differentials may be in favor or against the producers. The value of this differential is detailed in Note 25 - Sales revenue and 7 – Trade and other receivables, net.

 

c)National Tax and Customs Direction

 

Ecopetrol, just like any other company in Colombia, has tax obligations that it must comply with in respect of this entity and Ecopetrol does not have any other kind of association or commercial relationship with it.the National Tax and Customs Direction. For more information see Note 10 – Taxes.

 

d)Comptroller General of the Republic

 

Ecopetrol, just like any other state entity in Colombia, is obliged to comply with the requirements set out by this control entitythe Comptroller General of the Republic and make an annual payment to this entity on account of a maintenance fee. Ecopetrol does not have any other kind of association or commercial relationship with this entity.

 

  F-93F-97 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

33.32.Joint operations

 

The CompanyGroup carries out exploration and production operations through Exploration and Production (E&P) Contracts, Technical Evaluation (TEA) Contracts and Agreements signed with the National Hydrocarbons Agency or ANH, as well as through Partnership Contracts and other types of contracts. The main joint operations in 20162017 are as follows:

 

Contracts in which Ecopetrol is not the operator:

32.1Contracts in which Ecopetrol is not the operator

 

PartnersContractType%
Participation
Geographic area of
operations
Chipirón30-47%
Cosecha30%
Occidental Andina LLCCravo norteChipirónProduction30-40%Colombia
Harvest30%
Cravo Norte50%Colombia
Rondón50%
Chevron Petroleum CompanyGroupGuajiraProduction57%Colombia
Mansarovar Energy Colombia LtdNareProduction50%Colombia
Meta Petroleum CorpQuifaProduction30%40%Colombia
Equion EnergíaEnergy LimitedPiedemonteProduction50%Colombia
Casanare64%
Corocora56%
Perenco Colombia LimitedEsteroCasanareProduction64%Colombia
Corocora56%
Estero89%Colombia
Garcero76%
Orocúe63%
Casanare13%
Estero7%
Perenco Colombia LimitedGarceroProduction15%Colombia
Orocue23%
Corocora28%
Noble EnergyGunflintProduction32%
Murphy OilDalmatianProduction30%EEUU
AnadarkoK2Production9%
ONGC Videsh Limited Sucursal ColombiaRonda Caribe RC-10 Caribbean RoundExploration50%Offshore North Caribbean Offshore
Petrobras, Repsol & StatoilTayronaExploration30%Offshore North Caribbean Offshore
Repsol & StatoilTEA GUA OFF-1Exploration50%Offshore North Caribbean Offshore
AnadarkoFuerte NorteExploration50%Offshore North Caribbean
Fuerte Sur50%
Equion Energía LimitedNiscotaExploration20%Colombia
PAMA-M-187
PAMA-M-188
PetrobrasPAMA-M-222Exploration30%Brazil
PAMA-M-223
BM-S-63
VancoBM-S-71Exploration30%Brazil
BM-S-72 Offshore
ShellDeep Rydberg/AleaticoExploration29%Gulf of Mexico  
Repsol - LeonLionExploration40%29%Gulf of Mexico
RepsolLeonExploration40%
StoneNoble EnergyGunflintParmerProduction32%Exploration30%EEUUGulf of Mexico
Murphy OilDalmatianSea EagleProduction30%Exploration50%Gulf of Mexico  
AnadarkoK2WarriorProduction21%Gulf of Mexico  
Equion Energia LimitedNiscotaProduction20%Brazil
Chevron   CE-M-715_R11Exploration50%20%Brazil

 

  F-94F-98 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

TerminationEcopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of RubialesColombian pesos, unless otherwise stated)

32.2Contracts in which Ecopetrol is the operator

PartnersContractType%
Participation
Geographic
area of
operations
ExxonMobil Exploration ColombiaVMM29Exploration50%Colombia
CR2
C62
Talisman Colombia OilCPO9Exploration55%Colombia
ONGC Videsh Limited Colombia BranchRC9Exploration50%Colombia
CPVEN Sucursal ColombiaVMM32Exploration51%Colombia
Shell Exploration and ProductionCR4Exploration50%Colombia
Hocol S.A.AMA4Exploration100%Colombia
SK Innovation Co Ltd.San JacintoExploration70%Colombia
Repsol Exploración Colombia S.A.CatleyaExploration50%Colombia
Emerald Energy PLC Suc. ColombiaCardonExploration50%Colombia
Gas Ltd.CPO9 - AkaciasProduction55%Colombia
Occidental Andina LLCLa Cira InfantasProduction58%Colombia
Teca86%Colombia
Ramshorn International LimitedGuariquies IProduction50%Colombia
Equion Energy LimitedCusianaProduction98%Colombia
Perenco Oil And GasSan Jacinto Rio PaezProduction18%Colombia
Cepsa ColombiaSan Jacinto Rio PaezProduction18%Colombia
Total ColombiaMundo NuevoExploration15%Colombia
Talisman Oil & GasMundo NuevoExploration15%Colombia
LewisClarineroExploration50%Colombia
Maurel & Prom SuramericaCPO17Exploration50%Colombia
Equion Energia LimitedAlto Magdalena PipelineOAM45%Colombia
Emerald Energy  Alto Magdalena PipelineOAM45%Colombia
Frontera EnergyAlto Magdalena PipelineOAM45%Colombia
ONGC Videsh Limited   Block RC-9 Contract- Caribbean Round No. 37-2007Exploration50%Gulf of Mexico  
JX NipponFAZ-M-320_R11Exploration70%Brazil
JX NipponPOT-M-567_R11Exploration100%Brazil

F-99

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

32.3Relevant operations during the period

During 2017 and Pirirí contracts2016, the following significant events occurred in respect of our joint operations contracts:

a)Acquisition of interests in joint operations

On December 11, 2017, Ecopetrol América Inc. acquired the 11.6% interest in the K2 oil field in the Gulf of Mexico MCX Exploration USA LLC (“MCX”), increasing its share from 9.2% to 20.8%.

 

SinceThe acquisition of MCX’s interest was recognized in accordance with policy 4.4 Joint Operations. To determine the fair value of the assets acquired and liabilities assumed, the income approach model was used, using the discounted cash flow and market data to determine the fair values of oil and gas properties. This model incorporated future commodity prices, estimated volumes of oil and gas reserves, future developments, operating costs, future abandonment and packing costs and a risk adjusted discount rate.

The fair value of the consideration transferred in the operation was US$47.6 million (COP$141,950), the fair value of the net assets acquired was US$198.4 million before deferred taxes (US$146 million net of deferred taxes) with recognition of a gain of US$150.8 million before deferred taxes (US$98 million after deferred taxes) in the period’s statement of profit or loss (equivalent to COP$451,095 before deferred taxes), mainly due to the transaction price being fixed before the closing date of the transaction and the fair value of the net identifiable assets acquired having increased during the interim period.

Transaction costs incurred in the operation amounted to US $ 0.2 million, recognized in profit or loss for the year.

b)Termination of the Rubiales and Pirirí field contracts

On July 1, 2016, Ecopetrol took over the direct operation of the Rubiales field,and Pirirí fields, which up to that date had been operated by Pacific Rubiales Energy. Upon termination of the contract Ecopetrol receivedgained control over the assets from said operation and the obligations associated with the BOMT contracts for US$46 million.

 

Termination ofTauramena association agreement

c)Termination of the Tauramena association agreement

 

On July 3, 2016, the Tauramena Association Agreement was terminated and for this reason, Ecopetrol began to operate directly the Cusiana field, Casanare. Since its commercialization in 1993, it was operated first by BP and then by Equion. Cusiana represents for Ecopetrol a 98% participation in the Unified Exploitation Plan (PEU) of the field, while EquiónEquion and Emerald will maintain both 2%.

Contracts in which Ecopetrol is the operator:

PartnersContractType% ParticipationGeographic area of operations
VMM29
ExxonMobil Exploration ColombiaCR2Exploration50%Colombia
C62
Talisman Colombia OilCPO9Exploration55%Colombia
ONGC Videsh Limited Sucursal ColombiaRonda Caribe NueveExploration50%Colombia
CPVEN Sucursal ColombiaVMM32Exploration51%Colombia
Shell Exploración and ProducciónCR4Exploration50%Colombia
SK Innovation Co Ltd.San JacintoExploration70%Colombia
Repsol Exploración Colombia S.A.CatleyaExploration50%Colombia
Emerald Energy PLC Suc. ColombiaCardonExploration50%Colombia
Maurel & Prom ColombiaCPO 17Exploration50%Colombia
JX NipponFAZ M-320 R11Exploration70%Brazil
LewisClarineroExploration y Production (E&P)50%Colombia
Gas Ltd.CPO9 - AkaciasProduction55%Colombia
Occidental Andina LLCLa Cira InfantasProduction54%Colombia
Teca87%Colombia
Ramshorn International LimitedGuariquies IProduction50%Colombia
Equion Energía LimitedCusianaProduction98%Colombia
Planta de gas
Perenco Oil And Gas18%
Cepsa ColombiaSan Jacinto y Rio PaezProduction18%Colombia
18%
Equion Energía Limited
Emerald Energy
Pacific Rubiales
OAMProduction45%Colombia

 

  F-95F-100 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

34.33.Segment informationInformation by segments

 

TheA description of the Group’s business segments can be seenis in noteNote 4.19 – Information by business segment.

 

34.133.1Statement of profit or loss

 

The following segment information is reported based on the information used by the Board of Directors as the top body to make strategic and operational decisions of these business segments. The performance of the segments are based primarily on an analysis of income, costs, expenses and results for the period generated by each segment which are regularly monitored.

 

The information disclosed in each segment is presented net of transactions between the Ecopetrol Business Group companies.

 

The following presentsBelow are the consolidated statementstatements of profit or loss by segment for the years ended December 31, 2017, 2016 2015 and 2014:2015:

  For the year ended on December 31, 2017 
  Exploration
and Production
  Refining and
Petrochemicals
  Transport
and
Logistics
  Eliminations  Total 
Third-party sales  25,004,320   27,343,359   3,606,549   -   55,954,228 
Inter-segment sales  11,490,614   1,300,657   6,991,515   (19,782,786)  - 
Total sales revenue  36,494,934   28,644,016   10,598,064   (19,782,786)  55,954,228 
Fixed costs  8,055,925   2,886,745   2,637,604   (3,239,880)  10,340,394 
Variable costs  18,254,159   23,968,650   634,231   (16,289,109)  26,567,931 
Cost of sales  26,310,084   26,855,395   3,271,835   (19,528,989)  36,908,325 
Gross profit  10,184,850   1,788,621   7,326,229   (253,797)  19,045,903 
Administrative expenses  781,386   516,501   466,669   (32)  1,764,524 
Operation and project expenses  2,070,916   965,457   142,847   (253,155)  2,926,065 
Impairment of non-current assets  (183,718)  (1,067,965)  (59,455)  -   (1,311,138)
Other operating income and expenses, net  (545,218)  11,694   28,121   -   (505,403)
Operating income  8,061,484   1,362,934   6,748,047   (610)  16,171,855 
Financial result, net                    
Financial income  1,062,393   164,006   106,659   (173,702)  1,159,356 
Financial expenses  (2,288,576)  (1,110,874)  (434,664)  173,513   (3,660,601)
Foreign exchange gain (loss), net  (101,030)  163,992   (57,448)  -   5,514 
   (1,327,213)  (782,876)  (385,453)  (189)  (2,495,731)
Share of profits of associates  120,786   15,245   (42,493)  -   93,538 
Income before tax  6,855,057   595,303   6,320,101   (799)  13,769,662 
Income tax  (3,034,556)  (238,625)  (2,527,087)  -   (5,800,268)
Net profit (loss) for the period  3,820,501   356,678   3,793,014   (799)  7,969,394 
Profit (loss) attributable to:                    
Group owners of parent  3,820,501   358,859   2,999,978   (799)  7,178,539 
Non-controlling interest  -   (2,181)  793,036   -   790,855 
   3,820,501   356,678   3,793,014   (799)  7,969,394 
Supplementary information                    
Depreciation, depletion and amortization  5,981,294   1,188,871   1,111,182   -   8,281,347 

 

  F-96F-101 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

 For the year ended December 31, 2016  For the year ended December 31, 2016 
 Exploration and
production
  Refining and
petrochemicals
  Transportation and
logistics
  Eliminations  Total  Exploration and
Production
  Refining and
Petrochemicals
  Transportation
and Logistics
  Eliminations  Total 
Third-party sales  20,527,332   24,194,024   3,764,205   -   48,485,561   20,527,332   24,194,024   3,764,205   -   48,485,561 
Inter-segment sales  7,693,878   629,690   6,884,571   (15,208,139)  -   7,693,878   629,690   6,884,571   (15,208,139)  - 
Total sales revenue  28,221,210   24,823,714   10,648,776   (15,208,139)  48,485,561   28,221,210   24,823,714   10,648,776   (15,208,139)  48,485,561 
Fixed cost  6,940,074   2,458,745   2,861,269   (2,968,780)  9,291,308   6,940,074   2,458,745   2,861,269   (2,968,780)  9,291,308 
Variable cost  16,032,574   20,385,242   488,522   (11,946,223)  24,960,115   16,032,574   20,385,242   488,522   (11,946,223)  24,960,115 
Cost of sales  22,972,648   22,843,987   3,349,791   (14,915,003)  34,251,423   22,972,648   22,843,987   3,349,791   (14,915,003)  34,251,423 
Gross profit  5,248,562   1,979,727   7,298,985   (293,136)  14,234,138   5,248,562   1,979,727   7,298,985   (293,136)  14,234,138 
Administration expenses  832,266   574,413   516,884   (295)  1,923,268 
Administrative expenses  832,266   574,413   516,884   (295)  1,923,268 
Operation and projects expenses  1,656,960   1,206,718   180,353   (292,344)  2,751,687   1,656,960   1,206,718   180,353   (292,344)  2,751,687 
Impairment of non-current assets  196,448   773,361   (41,062)  -   928,747   196,448   773,361   (41,062)  -   928,747 
Other operating income and expenses, net  (349,419)  20,947   53,559   801   (274,112)  (349,419)  20,947   53,559   801   (274,112)
Operating income  2,912,307   (595,712)  6,589,251   (1,298)  8,904,548   2,912,307   (595,712)  6,589,251   (1,298)  8,904,548 
Financial result, net                                        
Financial income  983,472   46,469   61,373   220,429   1,311,743   983,472   46,469   61,373   220,429   1,311,743 
Financial expenses  (2,017,641)  (952,006)  (262,844)  (231,049)  (3,463,540)  (2,017,641)  (952,006)  (262,844)  (231,049)  (3,463,540)
Foreign exchange gain (loss), net  923,573   94,715   (41,858)  -   976,430   923,573   94,715   (41,858)  -   976,430 
  (110,596)  (810,822)  (243,329)  (10,620)  (1,175,367)  (110,596)  (810,822)  (243,329)  (10,620)  (1,175,367)
Share of profit of associates  39,397   22,785   (837)  -   61,345   39,397   22,785   (837)  -   61,345 
Income before tax  2,841,108   (1,383,749)  6,345,085   (11,918)  7,790,526   2,841,108   (1,383,749)  6,345,085   (11,918)  7,790,526 
Income tax  (1,518,738)  (446,595)  (2,577,713)  -   (4,543,046)  (1,518,738)  (446,595)  (2,577,713)  -   (4,543,046)
Net income for the period  1,322,370   (1,830,344)  3,767,372   (11,918)  3,247,480   1,322,370   (1,830,344)  3,767,372   (11,918)  3,247,480 
Income attributable to:                                        
Company’s shareholders  1,322,370   (1,823,020)  2,960,449   (11,918)  2,447,881 
Non-controlling interests  -   (7,324)  806,923   -   799,599 
Group owners of parent  1,322,370   (1,823,020)  2,960,449   (11,918)  2,447,881 
Non-controlling interest  -   (7,324)  806,923   -   799,599 
  1,322,370   (1,830,344)  3,767,372   (11,918)  3,247,480   1,322,370   (1,830,344)  3,767,372   (11,918)  3,247,480 
Supplementary information                                        
Depreciation, depletion and amortization  5,482,827   1,145,780   978,394   -   7,607,001   5,482,827   1,145,780   978,394   -   7,607,001 
   
 For the year ended December 31, 2015 
 Exploration and
Production
  Refining and
Petrochemicals
  Transportation
and Logistics
  Eliminations  Total 
Third-party sales  25,669,213   22,456,866   4,221,192   -   52,347,271 
Inter-segment sales  6,063,398   788,810   6,623,358   (13,475,566)  - 
Total Revenue  31,732,611   23,245,676   10,844,550   (13,475,566)  52,347,271 
Fixed costs  7,208,632   1,902,797   3,304,815   (2,790,793)  9,625,451 
Variable costs  18,500,240   18,856,011   439,607   (10,426,793)  27,369,065 
Cost of sales  25,708,872   20,758,808   3,744,422   (13,217,586)  36,994,516 
Gross income  6,023,739   2,486,868   7,100,128   (257,980)  15,352,755 
Administrative expenses  731,626   451,250   518,109   -   1,700,985 
Operation and projects expenses  2,969,723   1,155,301   157,596   (248,352)  4,034,268 
Impairment of non-current assets  4,504,497   3,278,993   81,388   -   7,864,878 
Other operating income and expenses, net  (399,954)  122,595   (101,182)  -   (378,541)
Operating income  (1,782,153)  (2,521,271)  6,444,217   (9,628)  2,131,165 
Finance results, net                    
Financial income  536,121   135,622   86,568   (136,387)  621,924 
Financial expenses  (1,774,090)  (451,906)  (492,485)  67   (2,718,414)
Foreign exchange gain (loss), net  (4,798,741)  (949,176)  181,303   -   (5,566,614)
  (6,036,710)  (1,265,460)  (224,614)  (136,320)  (7,663,104)
Share of profit of companies  (70,407)  23,187   533   -   (46,687)
Income before tax  (7,889,270)  (3,763,544)  6,220,136   (145,948)  (5,578,626)
Income tax  2,037,650   (257,256)  (2,490,747)  -   (710,353)
Net income (loss) for the period  (5,851,620)  (4,020,800)  3,729,389   (145,948)  (6,288,979)
Income attributable to:                    
Group owners of parent  (5,851,620)  (4,016,050)  2,819,759   (145,948)  (7,193,859)
Non-controlling interest  -   (4,750)  909,630   -   904,880 
  (5,851,620)  (4,020,800)  3,729,389   (145,948)  (6,288,979)
                    
Supplementary information                    
Depreciation, depletion and amortization  5,318,587   570,033   881,738   -   6,770,358 

 

  F-97F-102 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

  For the year ended December 31, 2015 
  Exploration and
production
  Refining and
petrochemicals
  Transportation
and logistics
  Eliminations  Total 
Third-party sales  25,669,213   22,456,866   4,221,192   -   52,347,271 
Inter-segment sales  6,063,398   788,810   6,623,358   (13,475,566)  - 
Total Revenue  31,732,611   23,245,676   10,844,550   (13,475,566)  52,347,271 
Fixed costs  7,208,632   1,902,797   3,304,815   (2,790,793)  9,625,451 
Variable costs  18,500,240   18,856,011   439,607   (10,426,793)  27,369,065 
Cost of sales  25,708,872   20,758,808   3,744,422   (13,217,586)  36,994,516 
Gross income  6,023,739   2,486,868   7,100,128   (257,980)  15,352,755 
Administration expenses  731,626   451,250   518,109   -   1,700,985 
Operation and projects expenses  2,969,723   1,155,301   157,596   (248,352)  4,034,268 
Impairment of non-current assets  4,504,497   3,278,993   81,388       7,864,878 
Other operating income and expenses, net  (399,954)  122,595   (101,182)  -   (378,541)
Operating income  (1,782,153)  (2,521,271)  6,444,217   (9,628)  2,131,165 
Finance results, net                    
Financial income  536,121   135,622   86,568   (136,387)  621,924 
Financial expenses  (1,774,090)  (451,906)  (492,485)  67   (2,718,414)
Foreign exchange gain (loss), net  (4,798,741)  (949,176)  181,303   -   (5,566,614)
   (6,036,710)  (1,265,460)  (224,614)  (136,320)  (7,663,104)
Share of profit of companies  (70,407)  23,187   533   -   (46,687)
Income before tax  (7,889,270)  (3,763,544)  6,220,136   (145,948)  (5,578,626)
Income tax  2,037,650   (257,256)  (2,490,747)  -   (710,353)
Net income (loss)  for the period  (5,851,620)  (4,020,800)  3,729,389   (145,948)  (6,288,979)
Income attributable to:                    
Owners of the Company  (5,851,620)  (4,016,050)  2,819,759   (145,948)  (7,193,859)
Non-controlling interests  -   (4,750)  909,630   -   904,880 
   (5,851,620)  (4,020,800)  3,729,389   (145,948)  (6,288,979)
Supplementary information                    
Depreciation, depletion and amortization  5,318,587   570,033   881,738   -   6,770,358 

 F-98

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

  For the year ended December 31, 2014 
  Exploration and
production
  Refining and
petrochemicals
  Transportation
and logistics
  Eliminations  Total 
Third-party sales  35,903,045   26,612,204   3,456,639   -   65,971,888 
Inter-segment sales  9,252,146   560,096   4,887,295   (14,699,537)  - 
Total Revenue  45,155,191   27,172,300   8,343,934   (14,699,537)  65,971,888 
Fixed costs  6,788,549   1,888,558   3,538,797   (1,981,744)  10,234,160 
Variable costs  21,139,234   23,648,670   402,255   (12,449,191)  32,740,968 
Cost of sales  27,927,783   25,537,228   3,941,052   (14,430,935)  42,975,128 
Gross income  17,227,408   1,635,072   4,402,882   (268,602)  22,996,760 
Administration expenses  335,432   354,221   341,523   (141)  1,031,035 
Operation and projects expenses  4,288,108   1,039,695   380,940   (188,418)  5,520,325 
Impairment of non-current assets  965,607   1,340,086   (1,121)  -   2,304,572 
Other operating income and expenses, net  (285,821)  12,490   (36,643)  1,775   (308,199)
Operating income  11,924,082   (1,111,420)  3,718,183   (81,818)  14,449,027 
Finance results, net                    
Financial income  251,902   113,237   127,262   (92,583)  399,818 
Financial expenses  (837,510)  (306,174)  (496,615)  5   (1,640,294)
Foreign exchange gain (loss), net  (2,243,938)  (309,449)  283,194   -   (2,270,193)
   (2,829,546)  (502,386)  (86,159)  (92,578)  (3,510,669)
Share of profit of companies  154,816   11,254   -   -   166,070 
Income before tax  9,249,352   (1,602,552)  3,632,024   (174,396)  11,104,428 
Income tax  (4,159,511)  (29,251)  (1,246,093)  -   (5,434,855)
Net income for the period  5,089,841   (1,631,803)  2,385,931   (174,396)  5,669,573 
Income attributable to:                    
Owners of the Company  5,089,841   (1,627,705)  1,758,777   (174,396)  5,046,517 
Non-controlling interests  -   (4,098)  627,154   -   623,056 
   5,089,841   (1,631,803)  2,385,931   (174,396)  5,669,573 
Supplementary information                    
Depreciation, depletion and amortization  5,172,743   548,539   695,925   -   6,417,207 

 F-99

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

34.2Information by segments of sales by product and capital expenditures

34.2.133.2Sales by product

 

The sales by product offor each of the segmentssegment are detailed below for the years ended December 31, 2017, 2016 2015 and 2014:2015:

 

 For the year ended on December 31, 2017 
 Exploration
and Production
  Refining and
Petrochemicals
  Transport and
Logistics
  Eliminations  Total 
Local sales                    
Mid-distillates  1,334   9,588,992   -   -   9,590,326 
Gasoline  -   8,052,289   -   (1,062,102)  6,990,187 
Services  181,384   221,910   10,597,698   (7,127,640)  3,873,352 
Natural gas  2,540,233   4   -   (724,483)  1,815,754 
Crude oil  11,668,529   -   -   (10,758,658)  909,871 
Plastic and rubber  -   833,982   -   -   833,982 
LPG and propane  199,796   309,823   -   -   509,619 
Asphalts  34,834   240,969   -   -   275,803 
Other products  214,059   1,103,089   -   (109,903)  1,207,245 
  14,840,169   20,351,058   10,597,698   (19,782,786)  26,006,139 
Recognition of price differential  -   2,229,953   -   -   2,229,953 
  14,840,169   22,581,011   10,597,698   (19,782,786)  28,236,092 
Foreign sales                    
Crude oil  21,426,665   52,398   -   -   21,479,063 
Fuel oil  -   1,982,408   -   -   1,982,408 
Gasoline and turbo fuels  -   1,223,994   -   -   1,223,994 
Diesel  -   1,213,740   -   -   1,213,740 
Plastic and rubber  -   1,169,101   -   -   1,169,101 
Natural gas  32,303   -   -   -   32,303 
LPG and propane  15,631   -   -   -   15,631 
Cash flow hedge for future exports – Reclassification to profit or loss  160,772   -   -   -   160,772 
Other  19,393   421,364   367   -   441,124 
  21,654,764   6,063,005   367   -   27,718,136 
  36,494,933   28,644,016   10,598,065   (19,782,786)  55,954,228 
   
 For the year ended December 31, 2016  For the year ended December 31, 2016 
 Exploration
and production
  Refining and
petrochemicals
  Transportation
and logistics
  Eliminations  Total  Exploration
and Production
  Refining and
Petrochemicals
  Transportation
and Logistics
  Eliminations  Total 
                      
Local sales                                        
Med-distillates  -   8,553,503   -   -   8,553,503   -   8,553,503   -   -   8,553,503 
Gasoline and turbo fuel  -   6,465,939   -   (373,200)  6,092,739   -   6,465,939   -   (373,200)  6,092,739 
Services  73,247   41,736   10,572,170   (6,643,869)  4,043,284   73,247   41,736   10,572,170   (6,643,869)  4,043,284 
Natural gas  2,383,323   11,763   -   (406,750)  1,988,336   2,383,323   11,763   -   (406,750)  1,988,336 
Plastic and rubber  -   724,708   -   -   724,708   -   724,708   -   -   724,708 
L.P.G. and propane  90,783   319,644   -   (4,558)  405,869   90,783   319,644   -   (4,558)  405,869 
Crude oil  5,284,554   -   -   (4,730,888)  553,666   5,284,554   -   -   (4,730,888)  553,666 
Asphalts  31,277   309,123   -   -   340,400   31,277   309,123   -   -   340,400 
Aromatics  -   186,228   -   -   186,228   -   186,228   -   -   186,228 
Oil fuel  1,382   146,866   -   -   148,248   1,382   146,866   -   -   148,248 
Other products  424,952   669,568   75,793   (510,144)  660,169   424,952   669,568   75,793   (510,144)  660,169 
  8,289,518   17,429,078   10,647,963   (12,669,409)  23,697,150   8,289,518   17,429,078   10,647,963   (12,669,409)  23,697,150 
Recognition of price differential  -   1,048,022   -   -   1,048,022   -   1,048,022   -   -   1,048,022 
  8,289,518   18,477,100   10,647,963   (12,669,409)  24,745,172   8,289,518   18,477,100   10,647,963   (12,669,409)  24,745,172 
                                        
Foreign sales                                        
Crude  19,516,197   -   -   (2,237,618)  17,278,579   19,516,197   -   -   (2,237,618)  17,278,579 
Oil fuel  -   2,158,539   -   -   2,158,539   -   2,158,539   -   -   2,158,539 
Med-distillates      1,594,945   -   -   1,594,945   -   1,594,945   -   -   1,594,945 
Plastic and rubber  -   1,171,342   -   -   1,171,342   -   1,171,342   -   -   1,171,342 
Gasoline and turbo fuel      1,046,758   -   -   1,046,758   -   1,046,758   -   -   1,046,758 
Natural gas  350,685   -   -   (291,875)  58,810   350,685   -   -   (291,875)  58,810 
L.P.G. and propane  6,342   2,225   -   -   8,567   6,342   2,225   -   -   8,567 
Cash flow hedging – Reclassification to profit or loss  33,074   -   -   -   33,074   33,074   -   -   -   33,074 
Other products  25,395   363,250   814   316   389,775   25,395   363,250   814   316   389,775 
  19,931,693   6,337,059   814   (2,529,177)  23,740,389   19,931,693   6,337,059   814   (2,529,177)  23,740,389 
Total sales revenue  28,221,211   24,814,159   10,648,777   (15,198,586)  48,485,561   28,221,211   24,814,159   10,648,777   (15,198,586)  48,485,561 

 

  F-100F-103 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

  Exploration and
production
  Refining and
petrochemicals
  Transportation
and logistics
  Eliminations  Total 
Local sales                    
Med-distillates  25,782   10,206,599   -   (17,157)  10,215,224 
Gasoline  -   6,464,661   -   (336,453)  6,128,208 
Services  118,812   198,369   10,822,078   (6,703,985)  4,435,274 
Natural gas  2,198,284   -   -   (352,939)  1,845,345 
Crude oil  5,847,368   -   -   (5,356,089)  491,279 
Diesel and asphalts  49,583   411,605   -   -   461,188 
Plastic and rubber  -   724,392   -   -   724,392 
L.P.G. and propane  154,201   190,346   -   (9,053)  335,494 
Other products  262,906   1,070,725   22,472   (367,757)  988,346 
   8,656,936   19,266,697   10,844,550   (13,143,433)  25,624,750 
Recognition of price  differential  -   441,871   -   -   441,871 
   8,656,936   19,708,568   10,844,550   (13,143,433)  26,066,621 
Foreign sales                    
Crude  21,495,762   -   -   (314,497)  21,181,265 
Fuel oil  -   2,166,469   -   -   2,166,469 
Trading of crude  1,309,196               1,309,196 
Natural gas  233,500   -   -   (50,550)  182,950 
Gasoline and turbo fuel  27,756   65,369   -   -   93,125 
Diesel  -   81,982   -   -   81,982 
Plastic and rubber  -   1,096,730   -   -   1,096,730 
Cash flow hedging – Reclassification to profit or loss  7,646   -   -   -   7,646 
Other products and services  1,815   126,558   -   32,914   161,287 
   23,075,675   3,537,108   -   (332,133)  26,280,650 
Total revenue  31,732,611   23,245,676   10,844,550   (13,475,566)  52,347,271 

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

  Exploration
and production
  Refining and
petrochemicals
  Transportation and
logistics
  Eliminations  Total 
Local sales                    
Med-distillates  1,241   11,982,214   -   -   11,983,455 
Gasoline  -   6,979,197   -   (584,775)  6,394,422 
Services  245,798   152,267   8,324,753   (4,944,745)  3,778,073 
Natural gas  1,580,941   -   -   (234,316)  1,346,625 
Crude oil  9,487,864   -   -   (8,274,146)  1,213,718 
Diesel and asphalts  46,336   412,736   -   -   459,072 
Plastic and rubber  -   667,563   -   -   667,563 
L.P.G. and propane  181,806   248,578   -   (3,934)  426,450 
Other products  102,696   812,510   19,181   66,934   1,001,321 
   11,646,682   21,255,065   8,343,934   (13,974,982)  27,270,699 
Recognition of price differential      485,409   -   -   485,409 
   11,646,682   21,740,474   8,343,934   (13,974,982)  27,756,108 
Foreign sales                    
Crude  31,524,915   -   -   (689,405)  30,835,510 
Fuel oil  -   3,921,703   -   -   3,921,703 
Trading of crude  1,486,060               1,486,060 
Natural gas  439,076   -   -   (15,615)  423,461 
Gasoline and turbo fuel  -   127,090   -   -   127,090 
Diesel  -   179,738   -   -   179,738 
Plastic and rubber  -   975,282   -   -   975,282 
Other products and services  58,458   228,013   -   (19,535)  266,936 
   33,508,509   5,431,826   -   (724,555)  38,215,780 
Total revenue  45,155,191   27,172,300   8,343,934   (14,699,537)  65,971,888 

 F-101

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

  For the year ended December 31, 2015 
  Exploration and
Production
  Refining and
Petrochemicals
  Transportation
and Logistics
  Eliminations  Total 
Local sales                    
Med-distillates  25,782   10,206,599   -   (17,157)  10,215,224 
Gasoline  -   6,464,661   -   (336,453)  6,128,208 
Services  118,812   198,369   10,822,078   (6,703,985)  4,435,274 
Natural gas  2,198,284   -   -   (352,939)  1,845,345 
Crude oil  5,847,368   -   -   (5,356,089)  491,279 
Diesel and asphalts  49,583   411,605   -   -   461,188 
Plastic and rubber  -   724,392   -   -   724,392 
L.P.G. and propane  154,201   190,346   -   (9,053)  335,494 
Other products  262,906   1,070,725   22,472   (367,757)  988,346 
   8,656,936   19,266,697   10,844,550   (13,143,433)  25,624,750 
Recognition of price  differential  -   441,871   -   -   441,871 
   8,656,936   19,708,568   10,844,550   (13,143,433)  26,066,621 
Foreign sales                    
Crude  21,495,762   -   -   (314,497)  21,181,265 
Fuel oil  -   2,166,469   -   -   2,166,469 
Trading of crude  1,309,196               1,309,196 
Natural gas  233,500   -   -   (50,550)  182,950 
Gasoline and turbo fuel  27,756   65,369   -   -   93,125 
Diesel  -   81,982   -   -   81,982 
Plastic and rubber  -   1,096,730   -   -   1,096,730 
Cash flow hedging – Reclassification to profit or loss  7,646   -   -   -   7,646 
Other products and services  1,815   126,558   -   32,914   161,287 
   23,075,675   3,537,108   -   (332,133)  26,280,650 
Total revenue  31,732,611   23,245,676   10,844,550   (13,475,566)  52,347,271 

 

34.2.233.3Capital expenditures by segmentsegments

 

The following are the investments amounts of investments made by each segment for the years ended December 31, 2017, 2016 2015 and 2014:2015:

 

2016 Exploration and
production
  Refining and
petrochemicals
  Transportation
and logistics
  Total 
Property, plant and equipment  1,208,464   1,099,850   1,338,615   3,646,929 
Natural and environmental resources  2,121,295   -   -   2,121,295 
Intangibles  53,774   10,274   5,205   69,253 
   3,383,533   1,110,124   1,343,820   5,837,477 

2015 Exploration and
production
  Refining and
petrochemicals
  Transportation
and logistics
  Total 
Property, plant and equipment  2,460,975   3,590,279   2,497,679   8,548,933 
Natural and environmental resources ( Note 2.8)  6,856,761   -   -   6,856,761 
Intangibles  69,126   18,494   24,635   112,255 
   9,386,862   3,608,773   2,522,314   15,517,949 

2014 Exploration and
production
  Refining and
petrochemicals
  Transportation
and logistics
  Total 
2017 Exploration
and Production
  Refining and
Petrochemicals
  Transport and
Logistics
  Total 
Property, plant and equipment  3,556,536   3,730,289   1,636,743   8,923,568   927,282   606,749   829,252   2,363,283 
Natural and environmental resources (Note 2.8)  6,601,680   -   -   6,601,680 
Natural and environmental resources  3,568,355   -   -   3,568,355 
Intangibles  26,610   10,636   74,772   112,018   154,155   4,941   16,772   175,868 
  10,184,826   3,740,925   1,711,515   15,637,266   4,649,792   611,690   846,024   6,107,506 
                
2016 Exploration
and Production
  Refining and
Petrochemicals
  Transport and
Logistics
  Total 
Property, plant and equipment  1,208,464   1,099,850   1,338,615   3,646,929 
Natural and environmental resources  2,121,295   -   -   2,121,295 
Intangibles  53,774   10,274   5,205   69,253 
  3,383,533   1,110,124   1,343,820   5,837,477 
                
2015 Exploration
and Production
  Refining and
Petrochemicals
  Transport and
Logistics
  Total 
Property, plant and equipment  2,460,975   3,590,279   2,497,679   8,548,933 
Natural and environmental resources  6,856,761   -   -   6,856,761 
Intangibles  69,126   18,494   24,635   112,255 
  9,386,862   3,608,773   2,522,314   15,517,949 

 

  F-102F-104 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

35.34.Contractual obligations

 

Ecopetrol business group enter into variousThe Group has several commitments and contractual obligations that may require future cash payments. disbursement of funds. The main commitments are related to a) payments of loans and borrowings, which are disclosed in Note 30.5, b) payment of benefits post-employment, the amounts of which in the next 5 years are disclosed in Note 22.4 c) future payment commitments in service contracts, operational leasing, gas and energy supplies, purchase of assets and others, and d) commitments of exploration activities and others with the National Hydrocarbons Agency in current contracts.

The details of the commitments and contractual obligations can be found in section 4.8 Financial Review - Financial Indebtedness and Other Contractual Obligations.

 

36.35.Subsequent events

 

1.-On February 15, 2017 the fourth auction was carried out corresponding to the Second StageApril 13, 2018, Ecopetrol redeemed all of the Alienation and Awarding Programits outstanding 4.250% notes due September 18, 2018 in an aggregate principal amount of 28,465,035 shares of Empresa de Energía de Bogotá S.A. E.S.P, the auction was declared deserted.US$350 million. The notes were issued in September 2013.

 

2.-The Ordinary General Shareholders’ Meeting, held onOn March 31, 2017, approved14, 2018, Ecopetrol formed the profit distribution project, which establishes that subsidiary Ecopetrol Energía common dividend per shareSAS E.S.P., domiciled in Colombia, whose corporate purpose is the commercialization of twenty-three pesos (COL $ 23) will be distributed. The shareholders’ dividend was paidelectric energy for the Ecopetrol Business Group. Ecopetrol has a direct participation of 99% in a single installment on April 28, 2017.the capitalization of the new subsidiary, and indirect participation in the remaining 1% interest through Andean Chemicals Ltd.

 

3.-On April 28, 2017March 2, 2018, a seepage of water and traces of crude oil occurred near the Lisama 158 well, located in the village of La Fortuna, in the Middle Magdalena Valley of Colombia. Ecopetrol transferredactivated its contingency plan to contain the fields Santanaspill. It is estimated that 550 barrels of crude, mixed with mud and Nancy-Maxine-Burdinerainwater, seeped into the streams of La Lisama and Caño Muerto. As of March 30, 2018, the Lisama 158 well was sealed and stopped flowing. Ecopetrol has ordered an investigation to Gran Tierradetermine the cause of the seepage. As of the date of this annual report, the National Environmental Licenses Agency (ANLA) has opened an investigation into the incident and the Prosecutor’s Office and other control entities may also open investigations. Besides the notice of seven constitutional actions for a total amountprotection of US$30.41 million. On May 26, 2017 the company IHSA paid US$21.74 millionfundamental rights. Ecopetrol is not aware of any other third party claims in connection with this incident, it cannot offer any assurance as to acquire the fields Rio de Oro and Puerto Barco, Rio Zulia and Valdivia Almagro, whichwhether or not there will be transferred on May 30 and 31, 2017. All of these fields were awarded through an auction offeredthird party actions in November 2016.the future.

 

4.-As part of the investigations carried out by various control entities onof the Cartagena refinery modernization and expansion project of Reficar the Prosecutor’s Office (Fiscalia General de la Nación) is conducting a confidential investigation. In connection therewith, on April 27, 2017, through a press release informed its intention to pursue charges including document forgery, illegal interestfollowing developments in the execution of agreement, misappropriation of public fundsinvestigations and unjust enrichment.proceedings have occurred:

 

The Prosecutor’s Office hasof the Comptroller General (Contraloría General de la República): On February 2, 2018, the Legal Accounts Commission of the National House of Representatives of the Republic of Colombia informed Reficar that the House of Representatives decided, through Resolution No. 2713, that it would not yet made publicclose the factual basisGeneral Budget, Treasury Account or the National Balance Sheet for such charges, and accordingly we arethe 2016 fiscal year, since the 2016 Financial Statements of several state entities, among them Reficar, had received a negative opinion from the Office of the Comptroller General. Pursuant to Resolution No. 2713, Colombian control entities have been ordered to initiate disciplinary, fiscal and/or penal investigations.

Ecopetrol is not in a position to predictforecast the outcomeresults of the Prosecutor’s Office investigation or the disposition of any charges that the Prosecutor’s Office may bring. Given the early stage of the investigation,these investigations; nor is it is not possible to assessevaluate the probability of any other consequencesconsequence that mightmay impact the financial statements, such as additional provisions, fines legal costs, disallowanceor ignorance of tax deductions that may impactaffect the recognition of tax reserves or the carrying amountamounts of deferred tax assets or any other impact that is not known at the present time.

assets.

 

  F-103F-105 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

37.Supplemental information on oil and gas producing activities (unaudited)

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Supplemental information on oil and gas producing activities (unaudited)

 

The information in this note is referred to as “unaudited” as a means of clarifying that it is not covered by the audit opinion of the independent registered public accounting firm that has audited and reported on the “Consolidated Financial Statements”.

 

In accordance with the requirements of the United States Securities and Exchange Commission (SEC), Rule 4-10(a) of Regulation S-X, Release 33-8879, Accounting Standards Codification 932 and the ASU- 2010-03 “Oil and Gas reserve Estimation and Disclosures” rule, this section provides supplemental information on oil and gas exploration and producing activities of the Company.Group. The information included in sections a) to c) provides historical cost information pertaining to costs incurred in exploration, property acquisitions and development, capitalized costs and results of operations. The information included in sections d) and e) presents information on Ecopetrol’s estimated net proved reserve quantities, standardized measure of estimated discounted future net cash flows related to proved reserves and changes in estimated discounted future net cash flows.

 

The following information corresponds to Ecopetrol’s oil and gas producing activities as of December 31 2017, 2016 2015 and 2014,2015, and includes information related to the Company’sGroup’s consolidated subsidiaries as well as its investments the joint ventures Equion Energía Limited and Offshore International Group. The oil and gas exploration and production activities of these two joint ventures are immaterial, as such the corresponding information has not been disclosed separately.

 

Under the SEC final rule optional disclosure of possible and probable reserves is allowed but, the CompanyGroup opted not to do so. Ecopetrol estimated its reserves without considering non-traditional resources.

 

(a)Capitalized costs relating to oil and gas exploration and production activities

 

  December 31, 
  2016  2015  2014 
Natural and environmental properties  47,097,475   45,789,713   40,356,524 
Wells, equipment and facilities – property, plant and equipment  29,931,039   21,822,897   17,839,350 
Construction in progress  6,855,832   9,145,198   8,110,401 
Accumulated depreciation, depletion and amortization  (49,714,944)  (39,743,147)  (32,003,657)
Net capitalized costs  34,169,402   37,014,661   34,302,618 
  2017  2016  2015 
Natural and environmental properties  48,129,595   47,097,475   45,789,713 
Wells, equipment and facilities - property, plant and equipment  30,405,565   29,931,039   21,822,897 
Exploration and production projects  6,632,812   6,855,832   9,145,198 
Accumulated depreciation, depletion and amortization  (51,791,897)  (49,714,944)  (39,743,147)
Net capitalized cost  33,376,075   34,169,402   37,014,661 

 

It includes information of the explorationExploration and productionProduction segment subsidiaries.

 

In accordance with IAS 37, costs capitalized to natural and environmental properties include provisions for asset retirement obligations amountingof COP$598,125, COP$766,909 and COP$580,575 during 2017, 2016 and COP$1,061,392 during 2016, 2015, and 2014, respectively.

 

(b)Costs incurred in oil and gas exploration and developed activities

 

Costs incurred are summarized below and include both amounts expensed and capitalized in the corresponding period.

 

  Year ended December 31 
  2016  2015  2014 
 Acquisition of Proved properties  -   -   16,747 
 Acquisition of unproved properties (1)  -   357,772   263,057 
 Exploration costs  852,097   1,012,264   2,036,526 
 Development costs  2,190,426   8,018,131   8,189,239 
 Total costs incurred  3,042,523   9,388,167   10,505,569 
  2017  2016  2015 
Acquisition of proved properties (1)  591,875   -   - 
Acquisition of unproved properties (2)  164,180   -   357,772 
Exploration costs  1,095,588   852,097   1,012,264 
Development costs  3,599,385   2,190,426   8,018,131 
   5,451,028   3,042,523   9,388,167 

 

(1)ItOn December 11, 2017, Ecopetrol América Inc. acquired the 11.6% interest in the K2 oil field in the Gulf of Mexico from MCX; increasing its share from 9.2% to 20.8%.

(2)Corresponds mainly to investments made by Ecopetrol América Inc in offshore exploration projects of the Warrior and Rydberg wells. For 2015, relates to drilling for the Leon 2 exploratory project, operated by Repsol as well as acquisition of the Leaselease sales 235 and 246 (unproven lands). For 2014, it corresponds to drilling for the Ridberg/Aleatico and Leon 1 exploratory projects, operated by Shell and Repsol, respectively, as well as acquisition of the Lease Sale 231 (unproved lands).

 

  F-104F-106 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

(c)Results of operations for oil and gas exploration and production activities

 

The Company’sGroup’s results of operations from oil and gas exploration and production activities for the years ended December 31, 2017, 2016 2015 and 20142015 are as follows:

 

 2016  2015  2014  2017  2016  2015 
Net revenues                        
Sales  21,322,662   26,039,708   36,678,579   29,823,565   21,322,662   26,039,708 
Transfers  7,734,195   5,692,902   8,476,612   7,518,216   7,734,195   5,692,902 
Total  29,056,857   31,732,610   45,155,191 
              37,341,781   29,056,857   31,732,610 
Production cost (1)  5,785,950   6,006,563   6,457,013 
Production costs (1)  6,535,794   5,785,950   6,006,563 
Depreciation, depletion and amortization (2)  6,123,914   9,887,331   6,129,538   6,349,382   5,927,466   6,234,190 
Other production costs (3)  12,370,540   14,457,836   16,406,789   14,066,593   12,370,540   14,457,836 
Exploration expenses (4)  730,393   1,586,940   2,590,778   1,342,952   730,393   1,586,940 
Other expenses (5)  1,488,143   2,711,274   2,478,563   882,743   1,684,590   6,364,414 
Total  26,498,940   34,649,944   34,062,681 
Income before income tax  2,557,918   (2,917,333)  11,092,510 
Income tax expenses  (1,367,357)  (371,376)  (5,428,674)
Results of operations for producing activities  1,190,561   (3,288,709)  5,663,836 
  29,177,464   26,498,939   34,649,943 
Income before income tax expense  8,164,317   2,557,918   (2,917,333)
Income tax expense  (3,678,955)  (1,367,357)  (371,376)
Results of operations for exploration and production activities  4,485,362   1,190,561   (3,288,709)

 

(1)Production costs are lifting costs incurred to operate and maintain productive wells and related equipment and facilities including costs such as operating labor, materials, supplies, and fuel consumed in operations and the costs of operating natural gas liquids plants. In addition, it includes accretion expensethey include expenses related to the asset retirement obligations that were recognized during 2017, 2016 and 2015 and 2014 amounting approximatelyof COP$380,810, COP$305,653 COP$206,570 and COP$184,648,206,570, respectively.

 

(2)In accordance with IAS 37 the expense related to asset retirement obligations that were recognized during 2017, 2016 2015 and 20142015 in depreciation, depletion and amortization, amounted approximately towere COP$179,601, COP$188,370 COP$294,849 and COP$160,106,294,849, respectively.

 

(3)Corresponds to transportation costs and naphtha that are not part of the Company´sGroup’s lifting cost.

 

(4)Exploration expenses include the costs of geological and geophysical activities as well as the non-productive exploratory wells.

 

(5)Corresponds to administration and marketing expenses.

 

During 2017, 2016 and 2015, and 2014 , the CompanyGroup transferred approximately 17.7%20.1%, 17.9%17.7% and 18.8%17.9%, respectively, of its crude oil and gas production; (percentages based on the value sales in Colombian pesos) to intercompany business units. Based on volume thoseThose transfers were 46.1%48.4%, 37.4%46.1% and 38.8%37.4%, respectively of crude oil and gas production volume (including Reficar).

 

The intercompany transfers were performedrealized at market prices.

 

  F-105F-107 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

(d)Reserve information

 

Ecopetrol follows international standards for estimating, classifying and reporting reserves framed under SEC definitions. The process is led by the Reserves Department which submits the report to the Board of Directors for approval.

 

The reserves were audited at a level of 99% by 2 specialized auditing companies: DeGolyer and MacNaughton and Ryder Scott Company.Group. According to these certifications the reserves report complies with the content and guidelines set forth in Rule 4-10 of Regulation S-X issued by the United States SEC.

 

The following information relates to the net proven reserves owned by the Ecopetrol Business Group in 2017, 2016 2015 and 2014,2015, and corresponds to the official reserves statements prepared by the Company:Group:

 

 2016  2015  2014  2017  2016  2015 
 Oil Gas Total Oil Gas Total Oil Gas Total  Oil Gas Total Oil Gas Total Oil Gas Total 
 (Mbls)  (Gpc)  (Mbe)  (Mbls)  (Gpc)  (Mbe)  (Mbls)  (Gpc)  (Mbe)  (Mbls) (Gpc) (Mbe) (Mbls) (Gpc) (Mbe) (Mbls) (Gpc) (Mbe) 
Proved reserves:                                                                        
Opening balance  1,239   3,479   1,849   1,465   3,529   2,084   1,434   3,068   1,972   1,033   3,218   1,598   1,239   3,479   1,849   1,465   3,529   2,084 
Revisions of previous estimates (1)  (50)  (23)  (54)  (64)  225   (25)  154   666   270   124   294   175   (50)  (23)  (54)  (64)  225   (25)
Improved recovery  11   1   11   16   3   17   33   -   34   72   4   73   11   1   11   16   3   17 
Purchases  3   2   4   -   -   -   -   -   - 
Extensions and discoveries  22   25   27   24   -   24   41   59   51   44   -   43   22   25   27   24   -   24 
Production  (189)  (264)  (235)  (202)  (278)  (251)  (197)  (264)  (243)  (188)  (264)  (234)  (189)  (264)  (235)  (202)  (278)  (251)
Closing balance  1,033   3,218   1,598   1,239   3,479   1,849   1,465   3,529   2,084   1,088   3,254   1,659   1,033   3,218   1,598   1,239   3,479   1,849 
                                    
Proved developed reserves:                                                                        
Opening balance  913   3,176   1,470   1,042   3,284   1,618   933   2,663   1,400   779   3,131   1,329   913   3,176   1,470   1,042   3,284   1,618 
Closing balance  779   3,131   1,329   913   3,176   1,470   1,042   3,284   1,618   818   3,158   1,372   779   3,131   1,329   913   3,176   1,470 
                                    
Proved undeveloped reserves:                                                                        
Opening balance  326   303   379   423   245   466   501   405   572   254   87   269   326   303   379   423   245   466 
Closing balance  254   87   269   326   303   379   423   245   466   270   96   287   254   87   269   326   303   379 

 

(1)It representsRepresents changes in previous proved reserves, upward or downward, resulting from new information (except for an increase in proved area), usually obtained from development drilling and production history or result from changes in economic factors.

 

The sectionOverview Business – Exploration and Production – Reserves containsFor additional information of the process of estimating reserves and main explanations about the changes in Proved Reserves and the process for estimating reserves, see section 3.4.3 - Business Overview - Exploration and Production - Reserves.

F-108

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

(e)Standardized measure of discounted future net cash flows relating to proved oil and gas quantities and changes therein

 

The standardized measure of discounted future net cash flows related to the above proved crude oil and natural gas reserves is calculated in accordance with the requirements of ASU 2010-03. Estimated future cash inflows from production under SEC requirements are computed by applying unweighted arithmetic average of the first-day-of-the-month for oil and gas price to year-end quantities of estimated net proved reserves.reserves, with cost factors based on those at the end of each year, currently enacted tax rates and a 10% annual discount factor. In our view, the information so calculated does not provide a reliable measure of future cash flows from proved reserves, nor does it permit a realistic comparison to be made of one entity with another because the assumptions used cannot reflect the varying circumstances within each entity. In addition, a substantial but unknown proportion of future real cash flows from oil and gas production activities is expected to derive from reserves which have already been discovered, but which cannot yet be regarded as proved.

 

  2016  2015  2014 
Future cash inflows  140,458,230   176,865,586   310,138,127 
Future costs            
Production  (60,705,779)  (76,363,169)  (107,629,865)
Development  (12,005,835)  (16,498,118)  (23,504,455)
Income tax expenses  (15,400,000)  (30,052,830)  (60,366,272)
Future net cash flow  52,346,616   53,951,469   118,637,535 
10% annual discount for estimated timing of cash flows  (18,221,004)  (19,117,422)  (43,604,395)
Standardized measure of discounted future net cash flows  34,125,612   34,834,047   75,033,140 

 F-106

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

  2017  2016  2015 
Future cash inflows  182,114,282   140,458,230   176,865,586 
Future costs            
Production  (70,159,534)  (60,705,779)  (76,363,169)
Development  (14,860,992)  (12,005,835)  (16,498,118)
Income taxes  (23,660,328)  (15,400,000)  (30,052,830)
Future net cash flow  73,433,428   52,346,616   53,951,469 
10% discount factor  (22,216,583)  (18,221,004)  (19,117,422)
Standardized measure of discounted net cash flows  51,216,845   34,125,612   34,834,047 

 

The following are the principal sources of change in the standardized measure of discounted net cash flows in 2017, 2016 2015 and 2014:2015:

 

 2016  2015  2014  2017  2016  2015 
                   
Net change in sales and transfer prices and in production (lifting) cost related to future production  3,603,876   (50,472,025)  12,924,167 
Net change in sales and transfer prices and in production cost (lifting) related to future production  26,918,170   3,603,876   (50,472,025)
Changes in estimated future development costs  (4,767,340)  592,529   (10,987,031)  (1,978,913)  (4,767,340)  592,529 
Sales and transfer of oil and gas produced during the period  (23,270,907)  (25,726,047)  (38,698,178)
Net change due to extensions and discoveries  154,352   (93,190)  (902,356)
Net change due to purchase and (sales) of minerals in place  (83,450)  -   - 
Sales and transfer of oil and gas produced, net of production costs  (30,805,987)  (23,270,907)  (25,726,047)
Net change due to extension discoveries  284,374   154,352   (93,190)
Net change due to purchase and sales of minerals in place  211,777   (83,450)  - 
Net change due to revisions in quantity estimates  (2,570,103)  (985,217)  18,866,518   9,090,882   (2,570,103)  (985,217)
Previously estimated development costs incurred during the period  5,042,697   10,769,369   8,702,964   3,482,570   5,042,697   10,769,369 
Accretion of discount  5,423,781   11,321,221   11,018,459   4,416,512   5,423,781   11,321,221 
Timing and other  6,394,404   (4,381,037)  2,103,078   11,934,458   6,394,404   (4,381,037)
Net change in income taxes  9,364,255   18,775,304   (1,254,706)  (6,462,611)  9,364,255   18,775,304 
Aggregate change in the Standardized measure of discounted future net cash flows for the year  (708,435)  (40,199,093)  1,772,915 
Aggregate change in the standardized measure of discounted future net cash flows for the year  17,091,232   (708,435)  (40,199,093)

 

  F-107F-109 

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

 

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Exhibit 1 -1. Consolidated subsidiaries, associates and joint ventures

Consolidated subsidiary companies associates(1/2)

Group Functional
currency
 Ownership
interest
Ecopetrol
  Activity Country/Domicile Geographic
area of
operations
 Equity, net  Profit
(loss) of the
year
  Total
assets
  Total
liabilities
 
Ecopetrol Global Energy SLU U.S. Dollar  100% Investment vehicle Spain Spain  3,056,580   102,120   3,056,719   139 
Ecopetrol Oleo é Gas do Brasil Ltda. Real  100% Exploration and exploitation of hydrocarbons Brazil Brazil  36,385   (54,591)  50,933   14,548 
Ecopetrol del Perú S.A. U.S. Dollar  100% Exploration and exploitation of hydrocarbons Peru Peru  48,969   (2,271)  51,792   2,823 
Ecopetrol America Inc. U.S. Dollar  100% Exploration and exploitation of hydrocarbons United States United States  2,964,718   163,529   3,368,997   404,279 
Black Gold Re Ltd. U.S. Dollar  100% Reinsurer of Ecopetrol and its subordinates Bermuda Bermuda  607,199   28,135   729,125   121,926 
Ecopetrol Germany Gmbh U.S. Dollar  100% Exploration and exploitation of hydrocarbons Germany Angola  2,345   (118)  2,773   428 
Hocol Petroleum Limited U.S. Dollar  100% Investment vehicle Bermuda Bermuda  2,223,406   (135,261)  2,223,464   58 
Hocol S.A. U.S. Dollar  100% Exploration, exploitation and production of hydrocarbons Cayman Islands Colombia  1,529,052   (60,103)  2,747,950   1,218,898 
Andean Chemicals Ltd. U.S. Dollar  100% Investment vehicle Bermuda Bermuda  5,168,133   (526,869)  5,169,911   1,778 
Refinería de Cartagena S.A * U.S. Dollar  100% Refining, commercialization and distribution of hydrocarbons Colombia Colombia  17,008,913   39,195   25,805,231   8,796,318 
Propileno del Caribe Propilco S.A. U.S. Dollar  100% Production and commercialization of polypropylene resin Colombia Colombia  1,414,530   225,175   1,927,883   513,353 
COMAI - Compounding and Masterbatching Industry Colombian Peso  100% Manufacture of polypropylene compounds and masterbatches Colombia Colombia  141,580   114,241   202,879   61,299 

* Information taken from the audited financial statements.

F-110

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Consolidated subsidiaries (2/2)

Group Functional
currency
 Ownership
interest
Ecopetrol
  Activity Country/Domicile Geographic
area of
operations
 Equity, net  Profit (loss)
of the year
  Total
assets
  Total
liabilities
 
Bioenergy S.A. Colombian Peso  99,04% Production of biofuels Colombia Colombia  335,858   (237,846)  433,582   97,724 
Bioenergy Zona Franca SAS Colombian Peso  99,04% Production of biofuels Colombia Colombia  246,866   (197,949)  702,627   455,761 
Amandine Holdings Corp. Colombian Peso  99,04% On sale Panama Panama  6,657   -   6,657   - 
The Arces Group Corp. Colombian Peso  99,04% On sale Panama Panama  5,100   -   5,100   - 
Cenit SAS Colombian Peso  100% Storage and transportation by hydrocarbon pipelines Colombia Colombia  13,801,943   3,014,820   15,243,690   1,441,747 
Oleoducto Central SA - Ocensa U.S. Dollar  72,65% Transportation by crude oil pipelines Colombia Colombia  3,014,831   1,667,219   6,205,436   3,190,605 
Oleoducto de los Llanos Colombian Peso  65% Transportation by crude oil pipelines Panama Colombia  1,106,571   321,792   1,919,509   812,938 
Oleoducto de Colombia SA - ODC Colombian Peso  73% Transportation by crude oil pipelines Colombia Colombia  351,308   202,432   555,250   203,942 
Bicentenario de Colombia SAS Colombian Peso  55,97% Transportation activity by crude oil pipelines Colombia Colombia  1,069,490   385,500   3,205,369   2,135,879 
Ecopetrol Capital AG U.S. Dollar  100% Financing, liquidation of financing of group companies or any type of company Switzerland Switzerland  1,240,473   145,970   5,806,746   4,566,273 
Ecopetrol Global Capital SLU Euro  100% Investment vehicle Spain Spain  20   (51)  39   19 
Esenttia Resinas del Perú U.S. Dollar  100% Marketing polypropylene resins and masterbatches Peru Peru  3,866   (84)  15,981   12,115 
Ecopetrol Costa Afuera SAS Colombian Peso  100% Offshore Caribbean exploration Colombia Colombia  15,671   (69,242)  139,192   123,521 
ECP Hidrocarburos de México SA de CV U.S. Dollar  100% Offshore Caribbean exploration Mexico Mexico  4,100   (3,653)  5,851   1,751 

F-111

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Associated companies and joint ventures

 

Consolidated subsidiaries

Company Functional
currency
 Ownership
interest
Ecopetrol
 Activity Shared interest Country/ Domicile Geographic area of
operations
 Net equity Income (loss) for
the period
 
Ecopetrol Global Energy S.L.U U.S. Dollar 100% Investment vehicle Ecopetrol America Inc., Ecopetrol Oleo & Gas do Brazil Ltda., Ecopetrol del Perú S. A.,ECP Oil and Gas Germany GmbH Gmbh, Refinería de Cartagena S. A., Bioenergy S. A. Spain Spain 2,727,352 (380,156)
Ecopetrol Oleo é Gas do Brazil Ltda. Real 100% Hydrocarbon exploration and explotation Sociedad Portuaria de Oleofinas y Derivados, Propileno del Caribe S. A Brazil Brazil 27,617 (50,849)
Ecopetrol del Perú S. A. U.S. Dollar 100% Hydrocarbon exploration and explotation - Peru Peru 51,523 (2,847)
Ecopetrol América Inc. U.S. Dollar 100% Hydrocarbon exploration and explotation Ecopetrol Perú S.A., Ecopetrol Oleo é Gas do Brazil Ltda., Propileno del Caribe S. A, Sociedad Portuaria de Oleofinas y Derivados United States of America United States of America 2,645,772 (298,055)
Black Gold Re Ltd. U.S. Dollar 100% Reinsurer of Ecopetrol and its subsidiaries - Bermuda Bermuda 581,901 36,808 
ECP Oil and Gas Germany GmbH U.S. Dollar 100% Hydrocarbon exploration and explotation - Germany Angola 2,476 (27,530)
Hocol Petroleum Limited U.S. Dollar 100% Investment vehicle. Hocol S. A. Bermuda Bermuda 2,267,217 (15,627)
Hocol S.A U.S. Dollar 100% Hydrocarbon exploration and explotation ODC, Oleoducto Bicentenario Cayman Islands Colombia 1,563,126 659 

 F-108

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Company Functional
currency
 Ownership
interest
Ecopetrol
 Activity Shared interest Country/ Domicile Geographic area
of operations
 Net equity Income (loss) for
the period
 
Andean Chemicals Ltd. U.S. Dollar 100% Investment vehicle Bioenergy S. A., Refinería de Cartagena, Propileno del Caribe S. A. y Comai S.A. Bermuda Bermuda 4,857,372 (1,564,731)
Refinería de Cartagena S. A. U.S. Dollar 100% Hydrocarbons refining, marketing and distribution - Colombia Colombia 6,969,793 (2,205,876)
Propileno del Caribe Propilco S. A. U.S. Dollar 100% Production and marketing of polypropylene resin Comai S. A., Refinería de Cartagena., Bioenergy S. A., Sociedad Portuaria Oleofinas y Derivados Colombia Colombia 1,195,760 191,060 
COMAI - Compounding and Masterbatching Industry Colombian peso 100% Manufacturing of polypropylene compounds and master batches for a wide range of uses Refinería de Cartagena., Bioenergy S. A., Zona franca de Cartagena S.A , Sociedad  Portuaria del  Dique Colombia Colombia 131,227 103,888 
Bioenergy S. A. Colombian peso 98.46% Biofuels production Bioenergy Zona Franca S. A., Amandine Holdings Corp. y Los Arces Group Corp. Colombia Colombia 313,824 (475,294)
Bioenergy Zona Franca S. A. Colombian peso 98.46% Biofuels production - Colombia Colombia 251,185 (362,102)
Amandine Holdings Corp. Colombian peso 98.46% In a winding-up process - Panama Panama 6,657 - 
Los Arces Group Corp. Colombian peso 98.46% In a winding-up process - Panama Panama 5,100 - 
Cenit S.A.S. Colombian peso 100% Storage and transportation through hydrocarbon pipelines Oleoducto Bicentenario, Ocensa, ODC, ODL, Sento S.A.S, Serviport Colombia Colombia 10,767,210 2,915,342 

 F-109

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Company Functional
currency
 Ownership
interest
Ecopetrol
 Activity Shared interest Country/ Domicile Geographic area of
operations
 Net equity Income (loss) for
the period
 
Oleoducto Central S. A. - Ocensa U.S. Dollar 72.65% Pipeline transportation of crude oil - Colombia Colombia 2,446,722 1,779,134 
ODL S. A. Colombian peso 65% Pipeline transportation of crude oil - Panama Colombia 1,044,369 341,362 
Oleoducto de Colombia S. A. – ODC Colombian peso 73% Pipeline transportation of crude oil - Colombia Colombia 288,734 237,787 
Oleoducto Bicentenario de Colombia SAS Colombian peso 55.97% Pipeline transportation of crude oil - Colombia Colombia 945,026 440,371 
Ecopetrol Capital AG U.S. Dollar 100% Financing, liquidation of funding for companies, groups or any business or related activity - Switzerland Switzerland 1,098,981 143,805 
Ecopetrol Global Capital SLU Euro 100% Investment vehicle - Spain Spain 31 (53)
Ecopetrol Costa Afuera S.A.S. Colombian peso 100% Offshore exploration - Colombia Colombia 7,954 (1,834)
Sento S.A.S. Colombian peso 100%  Investments in hydrocarbon transportation business ODC Colombia Colombia 21,453 10,918 

 F-110

Ecopetrol S.A.

Notes to Consolidated Financial Statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Associates and joint ventures

Company Functional
currency
 Ownership
interest
Ecopetrol
 Activity Country/
Domicile
 Geographic area of
operations
 Net equity Income (loss) for the
period
 
                
Associates               
Invercolsa S.A. (*) Colombian peso 43.35% Investment in companies of transport and distribution of natural gas and L.P.G. in Colombia Colombia Colombia 560,915 111,997 
Serviport S.A. Colombian peso 49% Services for oil-vessel loading and unloading support; supply of equipment; technical inspections and loading Colombia Colombia 18,259 877 
Sociedad Portuaria Olefinas y Derivados S.A. (*) Colombian peso 50% Construction, use, maintenance, adaptation and administration of ports and private or public docks facilities Colombia Colombia 2,669 469 
                
Joint ventures               
Equion Energía Limited U.S. Dollar 51% Hydrocarbon exploration, exploitation and production United Kingdom Colombia 1,530,858 279,515 
Ecodiesel Colombia S.A. Colombian peso 50% Production, commercialization and distribution of biofuels and oleo chemicals Colombia Colombia 79,050 24,176 
Offshore International Group U.S. Dollar 50% Hydrocarbon exploration, exploitation and production United States of America Peru 1,192,980 (248,037)
Group Functional
currency
 Ownership
interest
Ecopetrol
  Activity Country/Domicile Geographic
area of
operations
 Equity,
net
  Profit
(loss) of
the year
  Total
assets
  Total
liabilities
 
Associates                            
Invercolsa SA (*) Colombian Peso  43% Holding with investments in transport and distribution of natural gas and LPG Colombia Colombia  516,640   84,628   560,368   43,728 
Serviport SA (*) Colombian Peso  49% Services for the support of loading and unloading of oil ships, supply of equipment, technical inspections and load measurements Colombia Colombia  20,212   2,031   70,966   50,754 
Sociedad Portuaria Olefinas y Derivados S.A. (*) Colombian Peso  50% Construction, use, maintenance and administration of port facilities, ports, private docks. Colombia Colombia  2,847   178   3,189   342 
Joint Ventures                            
Equion Energy Limited U.S. Dollar  51% Exploration, exploitation and production of hydrocarbons United Kingdom Colombia  1,336,811   253,709   1,865,776   528,965 
Ecodiesel Colombia SA (*) Colombian Peso  50% Production, marketing and distribution of biofuels and oleo chemicals Colombia Colombia  76,766   13,236   128,420   51,654 
Offshore International Group (*) U.S. Dollar  50% Exploration, development, production and processing of hydrocarbons United States Peru  1,007,754   (178,280)  1,858,013   850,259 

 

(*) Information available as of November 30, 2016.2017

 

  F-111F-112 

 

Ecopetrol S.A.

Notes to the consolidated financial statements

(Figures expressed in millions of Colombian pesos, unless otherwise stated)

Exhibit 2 - Conditions of the most significant loans

Class of
credit
 Group Initial Date Expiry Date Currency Original/nominal
value in original
currency
  Outstanding
balance
Dec 31, 2017
  Outstanding
balance
Dec 31, 2016
  Type of
interest
 Amortization
of the
principal
 Payment of
interest
    Dec-10 Dec-20 COP  479,900   479,900   479,900  Floating Bullet Half-yearly
    Dec-10 Dec-40 COP  284,300   284,300   284,300  Floating Bullet Half-yearly
Banks,   Aug-13 Aug-18 COP  120,950   120,950   120,950  Floating Bullet Half-yearly
domestic Ecopetrol S.A. Aug-13 Aug-23 COP  168,600   168,600   168,600  Floating Bullet Half-yearly
currency   Aug-13 Aug-28 COP  347,500   347,500   347,500  Floating Bullet Half-yearly
    Aug-13 Aug-43 COP  262,950   262,950   262,950  Floating Bullet Half-yearly
Local  Ecopetrol S.A. May-13 May-25 COP  1,839,000   1,532,500   1,736,833  Floating Half-yearly Half-yearly
Currency  Bicentenario SAS Jul-12 Jul-24 COP  2,100,000   1,373,750   1,549,625  Floating Quarterly Quarterly
syndicated loan  ODL Finance SA Aug-13 Aug-20 COP  800,000   352,000   480,000  Floating Quarterly Quarterly
    Jul-09 Jul-19 USD  1,500**  1,500   1,500  Fixed Bullet Half-yearly
    Sept-13 Sept-18 USD  350**  350   350  Fixed Bullet Half-yearly
    Sept-13 Sept-23 USD  1,300**  1,300   1,300  Fixed Bullet Half-yearly
    Sept-13 Sept-43 USD  850   850   850  Fixed Bullet Half-yearly
Bonds, foreign Ecopetrol S.A. May-14 May-45 USD  2,000**  2,000   2,000  Fixed Bullet Half-yearly
currency   Sept-14 May-25 USD  1,200**  1,200   1,200  Fixed Bullet Half-yearly
    June-15 June-26 USD  1,500**  1,500   1,500  Fixed Bullet Half-yearly
    June-16 Sept-23 USD  500**  500   500  Fixed Bullet Half-yearly
   Oleoducto Central S.A. May-14 May-21 USD  500   500   500  Fixed Bullet Half-yearly
    Feb-15 Feb-20 USD  1,925**  -   1,925  Floating Bullet Half-yearly
    Jul-13 Jul-23 USD  245**  147   171  Floating Half-yearly Half-yearly
International Ecopetrol S.A. Jul-13 Jul-19 USD  151**  35   66  Floating Half-yearly Half-yearly
commercial   May-16 May-21 USD  300**  -   300  Floating Bullet Half-yearly
credits   Feb-16 Feb-21 USD  175   -   175  Floating Half-yearly Half-yearly
    Dec-11 Dec-27 USD  2,747   2,012   2,177  Fixed Half-yearly Half-yearly
  Ecopetrol S.A. Dec-11 Dec-27 USD  310   227   246  Floating Half-yearly Half-yearly
    Dec-11 Dec-25 USD  440   344   374  Floating Half-yearly Half-yearly

**Financial debt designated as hedging instrument (See Note 30.2).

F-113

9.Signature Page

 

SIGNATURES

 

The registrant hereby certifies that it meets all of the requirements for filing on Form 20-F and that it has duly caused and authorized the undersigned to sign this annual report on its behalf.

 

 Ecopetrol S.A.
   
 By:/s/ María Fernanda Suárez
  Name:María Fernanda Suárez
  Title:Chief Financial Officer
   
 By:/s/ Juan Carlos EcheverryFelipe Bayón Pardo
  Name:       Juan Carlos EcheverryFelipe Bayón Pardo
  Title:Chief Executive Officer
Dated:  May 30, 2017

 

Dated: April 19, 2018

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10.Exhibits

 

Exhibit No.

 

Description

1.1 Amended and Restated Bylaws of Ecopetrol S.A., dated March 26, 2015, as recorded under Public Deed No. 1049 of May 19, 2015 (incorporated by reference to Exhibit 3.1 on Form 6-K of the Company, furnished to the U.S. Securities and Exchange Commission on November 27, 2015 (File No. 001-34175))23, 2018 (English Translation).
4.1 Transportation Agreement between Ecopetrol S.A. and Oleoducto Central S.A., dated March 31, 1995 (incorporated by reference to Exhibit 4.1 on Form 20-F filed with the U.S. Securities and Exchange Commission on September 12, 2008 (File No. 001-34175)) (English Translation).
4.2 Supplementary Agreement to Transportation Agreement between Ecopetrol S.A. and Oleoducto Central S.A., dated January 17, 2013 (incorporated by reference to Exhibit 4.2 on Form 20-F filed with the U.S. Securities and Exchange Commission on April 29, 2013 (File No. 001-34175)) (English Translation).
4.3 Natural Gas Transportation Agreement between Ecopetrol S.A. and Transportadora de Gas del Interior S.A. ESP, dated October 1, 2008 (incorporated by reference to Exhibit 4.3 on Form 20-F filed with the U.S. Securities and Exchange Commission on April 29, 2013 (File No. 001-34175)) (English Translation).
4.4 Supplementary Agreement No. 1, dated December 5, 2008, to the Natural Gas Transportation Agreement between Ecopetrol S.A. and Transportadora de Gas del Interior S.A. ESP, dated October 1, 2008 (incorporated by reference to Exhibit 4.4 on Form 20-F filed with the U.S. Securities and Exchange Commission on April 29, 2013 (File No. 001-34175)) (English Translation).
4.5 Supplementary Agreement No. 2, dated April 11, 2012, to the Natural Gas Transportation Agreement between Ecopetrol S.A. and Transportadora de Gas Internacional S.A. E.S.P., dated October 1, 2008 (incorporated by reference to Exhibit 4.5 on Form 20-F filed with the U.S. Securities and Exchange Commission on April 29, 2013 (File No. 001-34175)) (English Translation).
4.6 Crude Oil Transportation Services Agreement between Ecopetrol S.A. and Cenit Transporte y Logística de Hidrocarburos S.A.S., dated April 1, 2013 (incorporated by reference to Exhibit 4.6 on Form 20-F filed with the U.S. Securities and Exchange Commission on April 29, 2013 (File No. 001-34175)) (English Translation).
4.7 Refined Products Transportation Services Agreement between Ecopetrol S.A. and Cenit Transporte y Logística de Hidrocarburos S.A.S., dated April 1, 2013 (incorporated by reference to Exhibit 4.7 on Form 20-F filed with the U.S. Securities and Exchange Commission on April 29, 2013 (File No. 001-34175)) (English Translation).
4.8 Indenture, dated as of July 23, 2009, between the Company and The Bank of New York Mellon, as trustee (incorporated by reference to Exhibit 4.2 to the Company’s Form F-4 filed with the U.S. Securities and Exchange Commission on July 31, 2009 (File No. 333-160965)).
4.9 Bicentenario Transport Contract between Oleoducto Bicentenario de Colombia S.A.S. and Ecopetrol S.A., dated June 20, 2012 incorporated(incorporated by reference to Exhibit 4.9 on Form 20-F filed with the U.S. Securities and Exchange Commission on April 25, 2014 (File No. 001-34175)) (English Translation)).
4.10 Amendment No. 1 to the Indenture, dated as of June 26, 2015, between the Company and The Bank of New York Mellon, as trustee (incorporated by reference to Exhibit 4.10 on Form 6-K of the Company furnished to the U.S. Securities and Exchange Commission on June 25, 2015 (File No. 001-34175)).
4.11 Supplementary Agreement No. 2, dated March 28, 2014, to the Bicentenario Transport Contract between Oleoducto Bicentenario de Colombia S.A.S. and Ecopetrol S.A., dated June 20, 2012 (incorporated by reference to Exhibit 4.11 on Form 20-F filed with the U.S. Securities and Exchange Commission on April 28, 2016 (File No. 001-34175)) (English Translation).
4.12 Supplementary Agreement No. 4, dated April 6, 2015, to the Bicentenario Transport Contract between Oleoducto Bicentenario de Colombia S.A.S. and Ecopetrol S.A., dated June 20, 2012 (incorporated by reference to Exhibit 4.12 on Form 20-F filed with the U.S. Securities and Exchange Commission on April 28,2016 (File No. 001-34175)) (English Translation).
4.13 Amendment No. 6, dated April 25, 2016, to the Crude Oil Transportation Services Agreement between Ecopetrol S.A. and Cenit Transporte y Logística de Hidrocarburos S.A.S., dated April 1, 2013 (incorporated by reference to Exhibit 4.13 on Form 20-F filed with the U.S. Securities and Exchange Commission on May 31, 2017 (File No. 001-34175)) (English Translation).

 

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Exhibit No.

4.14
 

Description

4.14Amendment No. 7, dated December 28, 2016, to the Crude Oil Transportation Services Agreement between Ecopetrol S.A. and Cenit Transporte y Logística de Hidrocarburos S.A.S., dated April 1, 2013 (incorporated by reference to Exhibit 4.14 on Form 20-F filed with the U.S. Securities and Exchange Commission on May 31, 2017 (File No. 001-34175)) (English Translation).
8.1 List of subsidiaries of Ecopetrol S.A.
12.1 Section 302 Certification of the Chief Executive Officer.
12.2 Section 302 Certification of the Chief Financial Officer.
13.1 Section 906 Officer Certification.
99.1 Third-Party Reserve Report of Ryder Scott Company, L.P.
99.2 Third-Party Reserve Report of DeGolyer and MacNaughton.
101*The following materials from the Ecopetrol S.A. Annual Report on Form 20-F for the year ended December 31, 2017 formatted in Extensible Business Reporting Language (XBRL):  (i) the Consolidated Statements of Financial Position, (ii) the Consolidated Statements of Profit or Loss, (iii) the Consolidated Statements of Other Comprehensive Income, (iv) the Consolidated Statements of Changes in Equity, (v) the Consolidated Statements of Cash Flows and (vi) related notes to the Consolidated Financial Statements.

* To be filed by amendment.

 

11.Cross-reference to Form 20-F

 

  

Sections

Item 1.Identity of Directors, Senior Management and AdvisersN/A
Item 2.Offer Statistics and Expected TimetableN/A
Item 3.Key Information 
 A. Selected Financial Data1.3
 B. Capitalization and IndebtednessN/A
 C. Reasons for the Offer and Use of ProceedsN/A
 D. Risk Factors5.1
Item 4.Information on the CompanyNote 1 to the consolidated financial statements
 A. History and Development of the Company2.1; 3.1; Note 1 to the consolidated financial statements
 B. Business Overview2; 3.3 – 3.9; 4.5.1
 C. Organizational Structure3.2
 D. Property, Plants and Equipment3.4 – 3.6; 4.6.2; Notes 15, 16 and 1817 to the consolidated financial statements
 E. Oil and Gas Disclosures3.3 – 3.6; Notes 15, and 16 and Supplemental information on Oil and Gas producing activities (unaudited by EY) to the consolidated financial statements
Item 4A.Unresolved Staff CommentsNone
Item 5.Operating and Financial Review and Prospects 
 A. Operating Results3.8; 4; 5.1; 5.2
 B. Liquidity and Capital Resources2.1; 4.6; 4.8; Consolidated statements of cash flow and Notes 9, 20, 3029 and 31.630.6 to the consolidated financial statements
 C. Research and development, Patents and Licenses, etc.3.7; Note 1817 to the consolidated financial statements
 D. Trend Information4.10
 E. Off-Balance Sheet Arrangements4.9
 F. Tabular Disclosure of Contractual Obligations4.8
 G. Safe Harbor1.2
Item 6.Directors, Senior Management and Employees 
 A. Directors and Senior Management7.3; 7.5
B. Compensation7.6; Notes 4, 22 and 32 to the consolidated financial statements
C. Board Practices7.3
D. Employees3.12
E. Share Ownership7.7

 

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Sections

B. Compensation
7.6; Notes 4, 22 and 31 to the consolidated financial statements
C. Board Practices7.3
D. Employees3.12
E. Share Ownership7.7
Item 7.Major Shareholders and Related Party Transactions 
 A. Major Shareholders6.3; 6.8; 7.7
 B. Related Party Transactions3.10; Note 3231 to the consolidated financial statements
 C. Interests of Experts and CounselN/A
Item 8.Financial Information 
 A. Consolidated Statements and Other Financial Information4; 5.3; 6.2; 8
 B. Significant Changes7.8; Note 3635 to the consolidated financial statements
Item 9.The Offer and Listing 
 A. Offer and Listing Details6.3
 B. Plan of DistributionN/A
 C. Markets6.3
 D. Selling ShareholdersN/A
 E. DilutionN/A
 F. Expenses of the IssueN/A
Item 10.Additional Information 
 A. Share CapitalN/A
 B. Memorandum and Articles of Association7.1
 C. Material Contracts3.4.4; 4.8; Exhibits 4.1 – 4.12
 D. Exchange Controls5.1.4; 6.6
 E. Taxation4.2.1; 6.5; Note 10 to the consolidated financial statements
 F. Dividends and Paying AgentsN/A
 G. Statements by ExpertsN/A
 H. Documents On Display1.1
 I. Subsidiary InformationN/A
Item 11.Quantitative and Qualitative Disclosures About Market Risk4.10; 5.1.1; 5.2.1; 5.2.3; Note 3130 to the consolidated financial statements
Item 12.Description of Securities Other than Equity Securities 
 A. Debt SecuritiesN/A
 B. Warrants and RightsN/A
 C. Other SecuritiesN/A
 D. American Depositary Shares6.4
Item 13.Defaults, Dividend Arrearages and DelinquenciesNone
Item 14.Material Modifications to the Rights of Security Holders and Use of ProceedsNone
Item 15.Controls and Procedures5.2; 7.8
Item 16A.Audit Committee Financial Expert7.3.2
Item 16B.Code of Ethics7.2; 7.4
Item 16C.Principal Accountant Fees and Services7.8
Item 16D.Exemptions from the Listing Standards for Audit CommitteesN/A
Item 16E.Purchases of Equity Securities by the Issuer and Affiliated PurchasesN/A
Item 16F.Changes in Registrant’s Certifying Accountant7.8
Item 16G.Corporate Governance7.4
Item 16H.Mine Safety DisclosureN/A
Item 17.Financial StatementsN/A
Item 18.Financial Statements8
Item 19.Exhibits10

 

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