
Contractual risks
Risk Description Risk Mitigation
Maersk Drilling may be subject to the risk of its
customers seeking to terminate or renegotiate
contracts generally or in the event of our non-
compliance with the terms and conditions of the
contract.
Contractual risks are addressed during the
negotiation of new contracts or re-negotiation of
existing contracts, where significant efforts are
undertaken to ensure that contracts leave minimal
opportunity for termination or that the impact from
termination will not result in a significant financial
loss.
Rig moves
Risk Description Risk Mitigation
The offshore drilling market is a global market as rigs
can relocate and operate in various environments.
However, mobilisation of rigs is expensive and time-
consuming and can be impacted by several factors,
including weather and currents. When mobilising a
rig, additional risks are introduced such as risk of
collision, loss of tow, loss of stability/water tight
integrity, mooring line failure and anchor dragging,
which can cause human fatalities, damage to the rig
or to other units.
Maersk Drilling mitigates the risks associated with rig
moves through timely preparation of the mobilisation,
which includes extensive planning and verification
processes.
Tax risks
Risk Description Risk Mitigation
Maersk Drilling operates worldwide, which entails
an inherent tax risk with respect to regulatory tax
compliance, including corporate taxes, value added
taxes and excise duties, as well as withholding taxes
and taxes regarding specific rig taxation.
As tax laws are complex and subject to interpretation,
there is a risk that these interpretations could affect
the taxes Maersk Drilling pays in various jurisdictions.
Maersk Drilling’s tax positions are also subject to
audit by relevant tax authorities who may disagree
with Maersk Drilling’s interpretations or assessments
of the effects of tax laws, treaties or regulations, or
their applicability to its corporate structure or specific
transactions that Maersk Drilling has undertaken.
Furthermore, the OECD project on Base Erosion and
Profit Shifting in general, and also with respect to
suggestions for taxation under Pillar I and Pillar
II, in particular the proposed implementation of a
global minimum tax rate of at least 15% for large
multinational corporations on a jurisdiction-by-
jurisdiction basis, may adversely affect the tax setup of
the Maersk Drilling and result in additional cash taxes.
As outlined in Maersk Drilling’s tax policy, tax-related
risks are mitigated through an upright approach,
cooperation with the authorities in respect of
investigations and enquiries, as well as ensuring
that an efficient organisation of specialists with
the necessary competencies is in place to best
meet the requirements and tax regulations relevant
to operations. Tax exposures are assessed before
entering new commercial contracts and monitored
systematically on an ongoing basis and presented to
the Audit & Risk Committee.
Maersk Drilling is continuously monitoring the tax
landscape and adapting to new legislative initiatives
in order to preserve our cash flow.
Environmental laws and regulations
Risk Description Risk Mitigation
Maersk Drilling’s operations are subject to a variety
of laws, regulations and requirements in multiple
jurisdictions controlling the discharge of various
materials into the environment, requiring removal and
clean-up of materials that may harm the environment,
controlling carbon dioxide emissions, or otherwise
relating to the protection of the environment such
as restrictions on exploration & production licensing
areas to protect sensitive marine geographies and/
or to limit new oil & gas exploration as society
transitions to a lower carbon economy.
In general, the laws and regulations protecting the
environment are becoming increasingly numerous,
stringent and complex. Failure to comply with applicable
environmental laws and regulations or to obtain or
maintain necessary environmental permits or approvals,
or even an accidental release of oil or other hazardous
substances in connection with operations, could subject
Maersk Drilling to significant administrative and civil
fines and penalties, criminal liability, remediation
costs for natural resource damages, third-party
damages and material adverse publicity, or may result
in the suspension or termination of its operations.
Maersk Drilling is committed to doing business in
accordance with applicable regulatory standards
and have adopted policies and procedures which are
designed to promote legal and regulatory compliance.
In accordance with industry practice, Maersk Drilling’s
customers typically take primary responsibility for
any environmental pollution resulting from the
customers’ use of the drilling rigs under the contracts,
and Maersk Drilling typically assumes liability for
pollution originating from its own equipment. Maersk
Drilling has generally been able to obtain a certain
degree of contractual indemnification pursuant
to which its customers agree to hold harmless
and indemnify Maersk Drilling against liability for
pollution, well and environmental damage.
51Maersk Drilling Annual Report 2021 Management’s review Overview Our Business Financial review Governance and risk