CESR Equivalence Questionnaire

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2 CESR Equivalence Questionnaire U.S. GAAP Section 1 General Accounting Accepted Principles a. Please describe the financial reporting standards that are legally enforceable in your jurisdiction as of January 2005, and which are covering the list of topics mentioned in Annex 2? The responses to sections 1c and 3 detail the background to legal enforceability and the various pronouncements that are commonly referred to as U.S. GAAP. Appendix 1 lists those pronouncements that have been promulgated by the Financial Accounting Standards Board () and its predecessor bodies that fall within category (a) of the U.S. GAAP hierarchy (see section 1c.below) that are effective as at January 1, 2005, and those that were issued prior to January 1, 2005 but do not become effective until after that date. For the avoidance of doubt, these include only 1) Statements of Financial Reporting Standards (designated as FAS), 2) Interpretations (designated as FIN), 3) AICPA Accounting Principles Board Opinions (designated as APB), and 4) AICPA Committee on Accounting Procedure Accounting Research Bulletins (designated as ARB). Appendix 2 identifies those pronouncements listed in Appendix 1 that relate to the scope of the IAS/IFRS pronouncements in the original Annex 2 to this questionnaire and the response to section 6 identifies those that do not. The Securities and Exchange Commission (SEC) can provide details of rules, regulations, and interpretive releases of the SEC that have an authority similar to category (a) pronouncements for SEC registrants. The American Institute of Certified Public Accountants (AICPA) can provide details of their Industry Audit and Accounting Guides, Statements of Position and AcSEC Practice Bulletins, which fall within categories (b), (b) and (c) of the U.S. GAAP hierarchy respectively. A list of these pronouncements that were in issue as of June 1, 2004 is contained in Appendix A of the publication Original Pronouncements As Amended 2004/2005 Edition. The publication Original Pronouncements As Amended 2004/2005 Edition also contains a listing and the full text of all Technical Bulletins (FTBs) and AICPA Accounting Interpretations (AINs) that were in issue as of June 1, 2004 and which fall within categories (b) and (d) of the U.S. GAAP hierarchy respectively. The publication EITF Abstracts A Summary of Proceedings of the Emerging Issues Task Force as of September 29-30, 2004 (Volumes 1 and 2) contains a listing and the full text of all extant EITF issues (including consensuses reached which fall within category (c) of the U.S. GAAP hierarchy) and D Topics through the meeting of the EITF that took place on those dates. The publication Current Text 2004/2005 Edition contains a listing and the full text of Implementation Guides (Q&A s) and Staff Positions (FSPs) that were in issue as of June 1, 2004 and which fall within category (d) of the U.S. GAAP hierarchy. Page 1

3 CESR Equivalence Questionnaire U.S. GAAP b. Where relevant, please also describe any other principles/guidance which are not mandatory applicable but are relevant for this project. Please refer to the answers to section 1a. and 1c. c. Could you please include a description of the formal hierarchy of your standards? In particular, indicate whether the financial reporting standards referred to above are e.g. accounting standards, company law provisions, corporate governance standards. Please also state whether provisions referred to are standards or interpretation (where necessary, please mention the basis for the enforceability). The AICPA's Statement on Auditing Standards No. 69, The Meaning of "Present Fairly in Conformity With Generally Accepted Accounting Principles" in the Independent Auditor's Report, (SAS 69) establishes a hierarchy of sources of U.S. GAAP. SAS 69 defines the U.S. GAAP hierarchy for nongovernmental entities as follows: a. Category (a) consists of accounting principles promulgated by a body designated by the AICPA Council to establish such principles, pursuant to Rule 203 of the AICPA Code of Professional Conduct. 1 As such, category (a) consists of Financial Accounting Standards Board () Statements of Financial Accounting Standards and Interpretations, Accounting Principles Board Opinions, and AICPA Accounting Research Bulletins. b. Category (b) consists of pronouncements of bodies, composed of expert accountants, who deliberate accounting issues in public forums for the purpose of establishing accounting principles and have been exposed for public comment and cleared 2 by a body referred to in category (a). As such, category (b) consists of Technical Bulletins and, if cleared by the Board, AICPA Industry Audit and Accounting Guides and AICPA Statements of Position. c. Category (c) consists of pronouncements of bodies, organized by a body referred to in category (a), which publicly deliberate accounting issues that are cleared by a body referred to in category (a), but have not been exposed for public comment. As such, category (c) consists of AICPA Accounting Standards Executive Committee (AcSEC) Practice Bulletins that have been cleared by the Board and consensus positions of the s Emerging Issues Task Force. d. Category (d) includes practices or pronouncements that are widely recognized as generally acceptable because they represent prevalent practice in a particular industry or the knowledgeable application to specific circumstances of pronouncements that are generally acceptable. As such, category (d) includes AICPA accounting interpretations, Implementation Guides ( Q&As ), staff positions (FSPs), and practices that are 1 Rule 203 provides that an auditor should not express an unqualified opinion if the financial statements contain a material departure from such pronouncements unless, due to unusual circumstances, adherence to the pronouncements would make the statements misleading. Rule 203, therefore, provides for the possibility that literal application of such a pronouncement might, in unusual circumstances, result in misleading financial statements. 2 SAS 69 states that the word cleared means that the body designated to promulgate accounting principles pursuant to Rule 203 has indicated that it does not object to the issuance of the proposed pronouncement. Page 2

4 CESR Equivalence Questionnaire U.S. GAAP widely recognized and prevalent either generally or in the industry. If no source of established accounting literature exists, SAS 69 states that the auditor should consider other accounting literature that may be applicable based on relevant facts and circumstances. SAS 69 states that other accounting literature could include Concepts Statements, APB Statements, AICPA Issues Papers, International Accounting Standards, Governmental Accounting Standards, pronouncements of other professional associations or regulatory agencies, AICPA Technical Practice Aids, and other accounting publications (textbooks, handbooks, articles, etc.). In addition, SAS 69 states that if there is a conflict between accounting principles in categories (b), (c), or (d), the auditor should follow the treatment specified by the higher category or justify a conclusion that treatment specified by the lower category better presents the substance of the transaction. SAS 69 also acknowledges that because of developments such as new legislation or the evolution of a new type of business transaction, there sometimes are no established accounting principles for reporting a specific transaction or event. In those instances, SAS 69 states that it might be possible to report the event or transaction on the basis of its substance by selecting an accounting principle that appears appropriate when applied in a manner similar to the application of an established principle to an analogous transaction or event. SAS 69 states that rules and interpretive releases of the Securities and Exchange Commission (SEC) have an authority similar to category (a) pronouncements for SEC registrants. In addition the SEC staff has stated that it will challenge the accounting of any registrant that differs from a consensus of the EITF and has indicated that it expects registrants to follow the guidance in FSPs. In November 2004 the added a project to its technical agenda to move the U.S. GAAP hierarchy from SAS 69 to an standard and expects to issue an Exposure Draft in the first quarter of Further details about this project can be obtained from the Project Updates and Technical Plan area of the website at One of the s long-term goals is to create a single, authoritative codification of US GAAP. This is being addressed in the codification and retrieval project, the aim of which is to restructure all existing US GAAP literature by topic into a single authoritative retrievable source. The expects to complete the codification and retrieval project in roughly 3 to 5 years. Further details about this project can be obtained from the Project Activities Other Activities area of the website at d. Please indicate whether there are any additional or different enforceable final standards whose date of application would be after 1st January As at December 31, 2004 the had issued the following category (a) GAAP pronouncements which have an effective date after January 1, 2005: (1) Statement 123 (revised 2004), Share-Based Payment, which is similar to IFRS 2, was issued in December 2004 and has an effective date of June 15, 2005 for public entities and December 15, 2005 for public entities that are small business issuers and for non-public entities. All public entities must apply the Statement for interim or annual reporting periods and non-public entities for annual reporting periods beginning after the effective date. Earlier adoption is encouraged. (2) Statement 151, Inventory Costs, an amendment of ARB No. 43, Chapter 4, was issued in November 2004 and is effective for fiscal years beginning after June 15, Earlier Page 3

5 CESR Equivalence Questionnaire U.S. GAAP application is permitted for inventory costs incurred after the date of issue. This Statement is part of the s short-term convergence project and removes certain differences between US GAAP and IFRS relating to the measurement of inventory costs. (3) Statement 152, Accounting for Real-Estate Time-Sharing Transactions, an amendment of Statements No. 66 and 67, was issued in December 2004 and is effective for fiscal years beginning after June 15, This Statement deals with consequential amendments to pronouncements arising from the issuance of AICPA SOP 04-02, Accounting for Real-Estate Time-Sharing Transactions. This is an area not dealt with explicitly by IFRS. (4) Statement 153, Exchanges of Nonmonetary Assets, an amendment of APB Opinion No. 29, was issued in December 2004 and is effective for fiscal periods (interim or annual) beginning after June 15, This Statement is part of the s short-term convergence project and removes certain differences between US GAAP and IFRS relating to the measurement of exchanges of non-monetary assets. Further details regarding all pronouncements can be found on the website at e. Do you anticipate other significant changes in your GAAP to take place before 1 st January 2007 (date upon which all third country issuers in Europe will have to present financial statements prepared under IAS/IFRS or equivalent GAAP, for reporting under Transparency and Prospectus EU Directive)? It is possible that there will be significant changes in US GAAP before January 1, The has an active technical agenda with numerous projects at various stages of completion and many more vying for inclusion on that agenda. Details of the s technical agenda and updates on the progress of each project can be obtained from the Project Updates and Technical Plan area of the website at Page 4

6 CESR Equivalence Questionnaire U.S. GAAP Section 2- Description of differences a. Please describe any differences between your financial reporting standards and the IAS/IFRS listed in Appendix 2 (please indicate which of your national financial reporting standards correspond to each IAS/IFRS mentioned). Differences should be mentioned with regard to the following types of provisions: Scope Presentation/measurement Recognition Disclosure Please see Appendix 2. For each IASB pronouncement listed in the original Appendix 2 to the questionnaire, Appendix 2 provides the following information: (1) A reference to the pronouncement(s) of the, and its predecessor bodies, from category (a) of U.S.GAAP that address items within the scope of the pronouncements listed, if any. See section 1c. for an explanation of the U.S. GAAP hierarchy. Pronouncements from other bodies, such as the SEC and the AICPA, and in other categories of U.S. GAAP may also be relevant but are not listed in Appendix 2 except where there is no relevant (or predecessor body) pronouncement in category (a) of U.S. GAAP and there is a direct correlation between the IASB pronouncement and the other U.S. GAAP pronouncement. (2) A description of differences between and U.S. GAAP. Various catalogs of differences between U.S. GAAP and IFRS have been prepared at different points in time; see section 5 for details of some relevant publications. The differences included in Appendix 2 are those of which the staff is aware and currently considers the most significant. The significance of any of the individual differences listed (and any others which may exist but are not included in the listing) will vary between reporting entities depending on many factors including: the types of transactions that it enters in to, the accounting policy choices that it makes, and the materiality of particular items. Differences that may be significant for one entity may not be significant for another entity. Differences that are significant today may not be significant tomorrow, and vice versa. b. When information is provided to investors through other means than in the financial statements; is this information subject to audit requirements identical to those applicable for financial statements? No, information provided to investors outside of a set of audited U.S. GAAP financial statements is not subject to the same audit requirements as information contained in the financial statements. Page 5

7 CESR Equivalence Questionnaire U.S. GAAP Nonfinancial statement disclosures included in SEC registration statements and periodic filings are not subject to an audit requirement. This means that items such as Management s Discussion and Analysis (see SEC Regulation S-K) and supplementary financial information provided outside of the financial statements are unaudited. SEC Regulations S-X and S-B require that unaudited interim financial statements filed on forms 10-Q and 10-QSB are reviewed by an independent accountant. An auditor who expresses an opinion on financial statements included in SEC filings will review the nonfinancial statement disclosures for consistency with the financial statements. Page 6

8 CESR Equivalence Questionnaire U.S. GAAP Section 3 Standard Setting Process a. What is (are) the name of the body(ies) entrusted with the standard setting process in your jurisdiction? Please detail structure, functions and responsibilities of theses bodies. In the United States, the Securities Exchange Commission (SEC) has statutory authority to establish financial accounting and reporting standards for publicly held companies under the Securities and Exchange Act of Throughout its history, however, the SEC s policy has been to rely on the private sector to perform the standard setting function, to the extent that the private sector demonstrates the ability to fulfill that responsibility in the public interest. Since 1973, the Financial Accounting Standards Board () has been the designated organization in the private sector for establishing standards of financial accounting and reporting for business enterprises and for not-for-profit organizations. Those standards govern the preparation of financial reports. They are officially recognized as authoritative by the Securities and Exchange Commission (Financial Reporting Release No. 1, Section ) and the American Institute of Certified Public Accountants (Rule 203, Rules of Professional Conduct, as amended May 1973 and May 1979). Before the present structure was created, financial accounting and reporting standards were established first by the Committee on Accounting Procedure of the American Institute of Certified Public Accountants ( ) and then by the Accounting Principles Board, also a part of the AICPA ( ). Pronouncements of those predecessor bodies remain in force unless amended or superseded by the. Structure, Functions and Responsibilities of the The is part of the nongovernmental corporation known as the Financial Accounting Foundation (FAF) and part of a structure that is independent of all other business and professional organizations. The independent structure of the and FAF, the s mission and its open decision-making (standard setting) process are more fully described in FACTS about, which is available at (and is enclosed). In brief: Structure The FAF, which was incorporated to operate exclusively for charitable, educational, scientific and literary purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, is responsible for selecting the seven members of the and the Board s advisory council, ensuring adequate funding of their activities and for exercising general oversight with the exception of the s resolution of technical issues. Mission The mission of the is to establish and improve standards of financial accounting and reporting for the guidance and education of the public, including issuers, auditors and users of financial information. To accomplish its mission, the acts to: Improve the usefulness of financial reporting by focusing on the primary characteristics of relevance and reliability and on the qualities of comparability and consistency 3 As updated by the SEC Policy Statement: Reaffirming the Status of the as a Designated Private- Sector Standard Setter, (April 25, 2003). Page 7

9 CESR Equivalence Questionnaire U.S. GAAP Keep standards current Consider promptly significant areas of deficiency Promote international convergence of accounting standards concurrent with improving the quality of financial reporting Improve the common understanding of the nature and purposes of information contained in financial reports. Open Decision-making Process The s activities are open to public observation and participation and follow extensive "due process" procedures mandated by formal Rules of Procedure. This process was modeled on the Federal Administrative Procedure Act and, in several respects, is more demanding. The is committed to following an open, orderly process for standard setting that precludes placing any particular interest above the interests of the many who rely on financial information. The Board believes that this broad public interest is best served by developing neutral standards. (Paragraphs of s Concepts Statement No. 2, Qualitative Characteristics of Accounting Information, describe the notion of neutrality in accounting.) b. Please include a brief description of the standard setting process (of the standards referred to above). In conducting its activities, the actively solicits views of its various constituencies on accounting issues and follows certain precepts, which are: To be objective in its decision making and to ensure, insofar as possible, the neutrality of information resulting from its standards. To be neutral, information must report economic activity as faithfully as possible without coloring the image it communicates for the purpose of influencing behavior in any particular direction. To weigh carefully the views of its constituents in developing concepts and standards. However, the ultimate determinant of concepts and standards must be the Board s judgment, based on research, public input and careful deliberation about the usefulness of the resulting information. To promulgate standards only when the expected benefits exceed the perceived costs. While reliable, quantitative cost-benefit calculations are seldom possible, the Board strives to determine that a proposed standard will meet a significant need and that the costs it imposes, compared with possible alternatives, are justified in relation to the overall benefits. To bring about needed changes in ways that minimize disruption to the continuity of reporting practice. Reasonable effective dates and transition provisions are established when new standards are introduced. The Board considers it desirable that change be evolutionary to the extent that it can be accommodated by the need for relevance, reliability, comparability and consistency. To review the effects of past decisions and interpret, amend or replace standards in a timely fashion when such action is indicated. Refer to FACTS about for a fuller discussion of the process for: adding topics to the Board s technical agenda Page 8

10 CESR Equivalence Questionnaire U.S. GAAP deliberating issues in public meetings, seeking comments on proposed standards further deliberation of issues after comments are received and analyzed other steps, including public roundtables, meetings with the Board s advisory council, and other constituent groups. When the Board is satisfied that all reasonable alternatives have been considered adequately, the staff is directed to prepare a draft of a final document for consideration by the Board. A vote is taken on the final document, by written ballot. Affirmative votes by a simple majority of Board members (generally 4 of 7) are required for adoption of a pronouncement. c. Are the standards referred to above easily accessible in English? Yes. Individual standards issued by the are available at (as originally issued, they do not reflect amendments or other modifications) and can be downloaded free of charge. The standards also are available in bound printed sets and on searchable electronic compact discs. Page 9

11 CESR Equivalence Questionnaire U.S. GAAP Section 4 Conceptual framework a. Do you have general financial reporting principles identical to the ones set out in the IAS/IFRS framework? Please describe any difference. We believe that the conceptual frameworks of the and IASB are equivalent in all significant respects; however, their existing frameworks are neither identical nor complete. (We note that CESR is firmly of the view that equivalent should not be defined as meaning identical (paragraph 2.1 of October 2004 Consultation Paper)). At their October 2004 joint meeting, the and IASB decided to add to their respective technical agendas a joint project to develop a common conceptual framework a single framework that is based on and builds on their existing frameworks. Please refer to the enclosed December 28, 2004 issue of The Report for a fuller discussion of the s conceptual framework and the joint project to revisit the conceptual frameworks of the and IASB. b. Are your enforceable financial reporting standards taking into account the four characteristics as described in the concept paper released by CESR? Where not the case, please explain the differences. Yes, The s standard-setting process takes into consideration each of the four characteristics (a) understandability, (b) relevance, (c) reliability, and (d) comparability as well as other factors. The s Concepts Statement No. 2, Qualitative Characteristics of Accounting Information (May 1980), discusses each of the characteristics of accounting information (information provided by financial reporting) that make that information useful, with usefulness for decision making of most importance. Figure 1 of that Concepts Statement represents a hierarchy of accounting qualities. (Enclosed below) Below are the glossary definitions for each of the four characteristics described in the concept paper released by CESR and a reference to the relevant paragraph numbers in Concepts Statement 2. Understandability The quality of information that enables users to perceive its significance. (s 40 41) Relevance The capacity of information to make a difference in a decision by helping users to form predictions about the outcomes of past, present, and future events or to confirm or correct prior expectations. (s 46 57) Reliability The quality of information that assures that information is reasonably free from error and bias and faithfully represents what it purports to represent. (s 58 97) Page 10

12 CESR Equivalence Questionnaire U.S. GAAP Comparability the quality of information that enables users to identify similarities in and differences between two sets of economic phenomena. (s ) As noted earlier, in addition to those four characteristics, the also places importance on neutrality when setting accounting standards. Paragraph 42 of Concepts Statement 2 also discusses the relative importance and trade-offs between relevance and reliability. It says: Although financial information must be both relevant and reliable to be useful, information may possess both characteristics to vary degrees. It may be possible to trade relevance for reliability or vice versa, though not to the point of dispensing with one of them altogether.... c. Do financial statements prepared under the basis of your GAAP pursue the same objectives as financial statements prepared under IAS/IFRS? Yes. Concepts Statement No. 1, Objectives of Financial Reporting by Business Enterprises (November 1978), establishes the objectives of general purpose external financial reporting by business enterprises. As summarized in paragraph 32 of that Statement: the objectives begin with a broad focus on information that is useful in investment and credit decisions; then arrow that focus to investors and creditors primary interests in the prospects of receiving cash from their investment in or loans to business enterprises and the relation of those prospects to the enterprise s prospects; and finally focus on information about an enterprise s resources, the claims to those resources, and changes in them, including measures of the enterprise s performance, that is useful in assessing the enterprise s cash flow prospects. We believe those objectives are equivalent to the focus on investors in EU financial markets and those identified in paragraph 12 of the IAS Framework. (Refer to paragraphs of the concept paper released by CESR.) Page 11

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14 CESR Equivalence Questionnaire U.S. GAAP Section 5 -Published comparison Have you conducted and published any exercise comparing and describing differences between IAS/IFRS and your country GAAP? If so, please provide us with a copy. Please also mention any other similar analysis that would have been made by a separate reliable body. 1. Published by the : In 1999 the published a report prepared by the staff entitled: The IASC-U.S. Comparison Project: A Report on the Similarities and Differences between IASC Standards and U.S. GAAP (second edition). A copy is enclosed. This report was published towards the end of Therefore, it predates the establishment of the IASB and does not take into account any of the improvement or convergence work that has been undertaken by the IASB and the since its publication. 2. Published by the International Accounting Standards Committee Foundation and Ernst & Young In December 2002 the International Accounting Standards Committee Foundation and Ernst & Young jointly published a book entitled: IAS / US GAAP Comparison A comparison between International GAAP and US GAAP by Ernst & Young s International Financial Reporting Group 2 nd Edition. The book is a comprehensive comparison of IAS and U.S. GAAP as it existed at that time. Again, it does not take into account any of the improvement or convergence work that has been undertaken by the IASB and the since its publication. 3. Published by the Canadian Institute of Chartered Accountants: In 2002 the Canadian Institute of Chartered Accountants published a report entitled: Significant Differences in GAAP in Canada, Chile, Mexico and the United States An Analysis of Accounting Pronouncements as of October The analyses in the report also set out the position of the IASB on the issues that are covered. 4. Published by Others: The Big-4 accounting firms publish comparisons of IFRS and U.S. GAAP from time to time. Some are more detailed than others and some are more up to date than others. For example: a. In January 2005, Deloittes published a revised Status of Some Key Differences between IFRSs and US GAAP as of January This publication is available on their IAS Plus website ( b. In October 2004, PricewaterhouseCoopers published a document entitled Similarities and Differences - A comparison of IFRS and US GAAP. This publication is available on their website ( and takes account of authoritative pronouncements issued under IAS/IFRS and U.S. GAAP up to June 30, Page 13

15 CESR Equivalence Questionnaire U.S. GAAP Section 6 -Standards not covered by IAS/IFRS Are there standards/principles covered by your GAAP that are not covered by IAS/IFRS? If so, (i) do they comply with IAS/IFRS basic principles contained in the IAS Framework and IAS 1 and (ii) are they compatible with all other IAS/IFRS endorsed for use in the EU? In general, U.S. GAAP is far more detailed than IAS/IFRS and provides accounting guidance for many different types of transactions and for many specialized industries that IAS/IFRS does not. In the response to section 2 (also see Appendix 2) pronouncements in category (a) of U.S. GAAP have, where possible, been associated with the relevant IAS/IFRS pronouncement. For example: although Statement No. 50, Financial Reporting in the Record and Music Industry has no equivalent in IAS/IFRS it deals primarily with issues of revenue recognition and accounting for intangible assets and accordingly it is referenced as relevant to both IAS 18 and IAS 38. Those pronouncements in category (a) of U.S. GAAP that have not been associated with an IAS/IFRS pronouncement in Appendix 2 are set out below by category. 1. Development stage enterprises presentational requirements not contemplated by IAS/IFRS: FAS 7, Accounting and Reporting by Development Stage Enterprises. FIN 7, Applying Statement No. 7 in Financial Statements of Established Operating Enterprises (an interpretation of Statement No. 7). 2. Oil and Gas Producing Companies only partially covered by IFRS 6, which does not become effective until January 1, 2006: FAS 19, Financial Accounting and Reporting by Oil and Gas Producing Companies. FAS 25, Suspension of Certain Accounting Requirements for Oil and Gas Producing Companies (an amendment of Statement No. 19). FAS 69, Disclosures about Oil and Gas Producing Activities (an amendment of Statements No. 19, 25, 33, and 39). FIN 33, Applying Statement No. 34 to Oil and Gas Producing Operations Accounted for by the Full Cost Method (an interpretation of Statement No. 34). FIN 36, Accounting for Exploratory Wells in Progress at the End of a Period (an interpretation of Statement No. 19). 3. Regulated enterprises not covered by IAS/IFRS: FAS 71, Accounting for the Effects of Certain Types of Regulation. FAS 90, Regulated Enterprises Accounting for Abandonments and Disallowances of Plant Costs (an amendment of Statement No. 71). FAS 92, Regulated Enterprises Accounting for Phase-in Plans (an amendment of Statement No. 71). FAS 101, Regulated Enterprises Accounting for the Discontinuation of Application of Statement No. 71. Page 14

16 CESR Equivalence Questionnaire U.S. GAAP 4. Not-for-profit organizations IAS/IFRS do not apply to not-for-profit organizations: FAS 93, Recognition of Depreciation by Not-for-Profit Organizations. FAS 99, Deferral of the Effective Date of Recognition of Depreciation by Not-for-Profit Organizations (an amendment of Statement No. 93). FAS 116, Accounting for Contributions Received and Contributions Made. FAS 117, Financial Statements of Not-for-Profit Organizations. FAS 124, Accounting for Certain Investments Held by Not-for-Profit Organization. FAS 136, Transfers of Assets to a Not-for-Profit Organization or Charitable Trust That Raises or Holds Contributions for Others. 5. Other topics not covered by IAS/IFRS: ARB 43, Chapter 7A, Quasi-Reorganization or Corporate Readjustment. ARB 43, Chapter 7B, Stock Dividends and Stock Split-ups. ARB 43, Chapter 10A, Real and Personal Property Taxes. ARB 46, Discontinuance of Dating Earned Surplus. FAS 89, Financial Reporting and Changing Prices. The pronouncements listed above have been subject to the same standard-setting process and consideration of the conceptual framework as other similar pronouncements. Please refer to the responses to sections 3 and 4 for further details on the standard-setting process and the conceptual framework. Page 15

17 CESR Equivalence Questionnaire U.S. GAAP Section 7 Convergence projects Is it intended that there will be any convergence project of your country s national standards with IAS/IFRS or with another framework -? If so, please describe the project. Yes. Details of the s international activities, including convergence with the International Accounting Standards Board (IASB) and cooperative efforts with other national standard setters, can be found on the website at Convergence with the International Accounting Standards Board (IASB) In October 2002, the and the International Accounting Standards Board (IASB) announced the issuance of a memorandum of understanding ( Norwalk Agreement ), marking a significant step toward formalizing their commitment to the convergence of U.S. and international accounting standards. The Norwalk Agreement At their joint meeting in Norwalk, Connecticut, USA on September 18, 2002, the and the IASB each acknowledged their commitment to the development of high-quality, compatible accounting standards that could be used for both domestic and cross-border financial reporting. At that meeting, both the and IASB pledged to use their best efforts to: (a) make their existing financial reporting standards fully compatible as soon as is practicable; and (b) to coordinate their future work programs to ensure that once achieved, compatibility is maintained. In particular the two Boards agreed to: undertake a short-term project aimed at removing a variety of individual differences between U.S. GAAP and IFRSs that could be rectified relatively easily; remove other differences between IFRSs and U.S. GAAP that will remain at January 1, 2005, through coordination of their future work programs; that is, through the mutual undertaking of discrete, substantial projects which both Boards would address concurrently; continue progress on the joint projects that they are currently undertaking; encourage their respective interpretative bodies to coordinate their activities; and commit the necessary resources to complete such a major undertaking. The short-term convergence project: The short-term convergence project is an active agenda project that is being conducted jointly with the IASB, and it is expected to result in one or more standards that will achieve convergence in certain areas. The scope of the short-term convergence project is limited to those differences between U.S. GAAP and IFRS in which convergence around a high-quality solution appears achievable in the short-term. Because of the nature of the differences, it is expected that a highquality solution can usually be achieved by selecting between existing U.S. GAAP and IFRS. Areas that the has addressed to date are: Inventory costs (Statement 151 issued in November 2004); Nonmonetary asset exchanges (Statement 153 issued in December 2004). Accounting changes and error correction (exposure draft issued in December 2003, with Page 16

18 CESR Equivalence Questionnaire U.S. GAAP a final standard expected in the first quarter of 2005); and Earnings per share (exposure draft issued in December 2003, re-exposure draft expected in the first quarter of 2005, final standard expected in the second quarter of 2005). Areas that the has yet to address include: Income taxes (exposure draft expected in the second quarter of 2005); and Intangible assets (research and development activities). Updates on progress on the short-term convergence project can be found in the Project Updates and Technical Plan section of the website at Joint projects being conducted with the IASB: Joint projects are those that standard setters have agreed to conduct simultaneously in a coordinated manner. Joint projects involve the sharing of staff resources, and every effort is made to keep joint projects on a similar time schedule at each Board. Currently, the and IASB are conducting joint projects to address the following areas: Conceptual Framework (update, completion and convergence) Business Combinations (phase II, application of the purchase method) Revenue Recognition Financial Performance Reporting by Business Enterprises Updates on progress on the each of the joint projects mentioned above can be found in the Project Updates and Technical Plan section of the website at Page 17

19 CESR Equivalence Questionnaire U.S. GAAP Section 8 Other issues In understanding this exercise at this stage, do you identify any other particular issue that might be relevant for your national issuers in EU? No comment. Page 18

20 CESR Equivalence Questionnaire Appendix 1 Category (a) GAAP promulgated by the and its predecessor bodies (extant at December 31, 2004) Financial Accounting Standards Board Statements of Financial Accounting Standards (issued from 1973 onwards) FAS 2: FAS 3: FAS 5: FAS 6: FAS 7: FAS 11: FAS 13: FAS 15: FAS 16: FAS 19: FAS 22: FAS 23: FAS 25: FAS 27: FAS 28: FAS 29: FAS 34: FAS 35: FAS 37: Accounting for Research and Development Costs Reporting Accounting Changes in Interim Financial Statements (an amendment of APB Opinion No. 28) Accounting for Contingencies Classification of Short-Term Obligations Expected to Be Refinanced (an amendment of ARB No. 43, Chapter 3A) Accounting and Reporting by Development Stage Enterprises Accounting for Contingencies Transition Method (an amendment of Statement No. 5) Accounting for Leases Accounting by Debtors and Creditors for Troubled Debt Restructurings Prior Period Adjustments Financial Accounting and Reporting by Oil and Gas Producing Companies Changes in the Provisions of Lease Agreements Resulting from Refundings of Tax-Exempt Debt (an amendment of Statement No. 13) Inception of the Lease (an amendment of Statement No. 13) Suspension of Certain Accounting Requirements for Oil and Gas Producing Companies (an amendment of Statement No. 19) Classification of Renewals or Extensions of Existing Sales-Type or Direct Financing Leases (an amendment of Statement No. 13) Accounting for Sales with Leasebacks (an amendment of Statement No. 13) Determining Contingent Rentals (an amendment of Statement No. 13) Capitalization of Interest Cost Accounting and Reporting by Defined Benefit Pension Plans Balance Sheet Classification of Deferred Income Taxes (an amendment of APB Opinion No. 11) Page 1

21 CESR Equivalence Questionnaire Appendix 1 Category (a) GAAP promulgated by the and its predecessor bodies (extant at December 31, 2004) FAS 42: FAS 43: FAS 45: FAS 47: FAS 48: FAS 49: FAS 50: FAS 51: FAS 52: FAS 57: FAS 58: FAS 60: FAS 61: FAS 62: FAS 63: FAS 65: FAS 66: FAS 67: FAS 68: FAS 69: FAS 71: FAS 72: FAS 73: FAS 78: Determining Materiality for Capitalization of Interest Cost (an amendment of Statement No. 34) Accounting for Compensated Absences Accounting for Franchise Fee Revenue Disclosure of Long-Term Obligations Revenue Recognition When Right of Return Exists Accounting for Product Financing Arrangements Financial Reporting in the Record and Music Industry Financial Reporting by Cable Television Companies Foreign Currency Translation Related Party Disclosures Capitalization of Interest Cost in Financial Statements That Include Investments Accounted for by the Equity Method (an amendment of Statement No. 34) Accounting and Reporting by Insurance Enterprises Accounting for Title Plant Capitalization of Interest Cost in Situations Involving Certain Tax-Exempt Borrowings and Certain Gifts and Grants (an amendment of Statement No. 34) Financial Reporting by Broadcasters Accounting for Certain Mortgage Banking Activities Accounting for Sales of Real Estate Accounting for Costs and Initial Rental Operations of Real Estate Projects Research and Development Arrangements Disclosures about Oil and Gas Producing Activities (an amendment of Statements No. 19, 25, 33, and 39) Accounting for the Effects of Certain Types of Regulation Accounting for Certain Acquisitions of Banking or Thrift Institutions (an amendment of APB Opinion No. 17, an Interpretation of APB Opinions No. 16 and 17, and an amendment of Interpretation No. 9) Reporting a Change in Accounting for Railroad Track Structures (an amendment of APB Opinion No. 20) Classification of Obligations That Are Callable by the Creditor (an amendment of ARB No. 43, Chapter 3A) Page 2

22 CESR Equivalence Questionnaire Appendix 1 Category (a) GAAP promulgated by the and its predecessor bodies (extant at December 31, 2004) FAS 84: FAS 86: FAS 87: FAS 88: FAS 89: FAS 90: FAS 91: FAS 92: FAS 93: FAS 94: FAS 95: FAS 97: FAS 98: FAS 99: FAS 101: FAS 102: Induced Conversions of Convertible Debt (an amendment of APB Opinion No. 26) Accounting for the Costs of Computer Software to Be Sold, Leased, or Otherwise Marketed Employers' Accounting for Pensions Employers' Accounting for Settlements and Curtailments of Defined Benefit Pension Plans and for Termination Benefits Financial Reporting and Changing Prices Regulated Enterprises Accounting for Abandonments and Disallowances of Plant Costs (an amendment of Statement No. 71) Nonrefundable Fees & Costs Associated with Originating or Acquiring Loans and Initial Direct Costs of Leases (an amendment of Statements No. 13, 60, and 65 and a rescission of Statement No. 17) Regulated Enterprises Accounting for Phase-in Plans (an amendment of Statement No. 71) Recognition of Depreciation by Not-for-Profit Organizations Consolidation of All Majority-Owned Subsidiaries (an amendment of ARB No. 51, with related amendments of APB Opinion No. 18 and ARB No. 43, Chapter 12) Statement of Cash Flows Accounting by Insurance Cos. for Certain Long-Duration Contracts & Realized Gains & Losses on Investment Sales Accounting for Leases (an amendment of Statements No. 13, 66, and 91 and a rescission of Statement No. 26 and Technical Bulletin No ) Deferral of the Effective Date of Recognition of Depreciation by Not-for- Profit Organizations (an amendment of Statement No. 93) Regulated Enterprises Accounting for the Discontinuation of Application of Statement No. 71 Statement of Cash Flows Exemption of Certain Enterprises and Classification of Cash Flows from Certain Securities Acquired for Resale (an amendment of Statement No. 95) Page 3

23 CESR Equivalence Questionnaire Appendix 1 Category (a) GAAP promulgated by the and its predecessor bodies (extant at December 31, 2004) FAS 104: FAS 106: FAS 107: FAS 109: FAS 110: FAS 111: FAS 112: FAS 113: FAS 114: FAS 115: FAS 116: FAS 117: FAS 118: FAS 120: FAS 123: FAS 123(R) FAS 124: FAS 126: FAS 128: FAS 129: FAS 130: FAS 131: Statement of Cash Flows Net Reporting of Certain Cash Receipts and Cash Payments and Classification of Cash Flows from Hedging Transactions (an amendment of Statement No. 95) Employers' Accounting for Postretirement Benefits Other Than Pensions Disclosures about Fair Value of Financial Instruments Accounting for Income Taxes Reporting by Defined Benefit Pension Plans of Investment Contracts (an amendment of Statement No. 35) Rescission of Statement No. 32 and Technical Corrections Employers' Accounting for Postemployment Benefits (an amendment of Statements No. 5 and 43) Accounting and Reporting for Reinsurance of Short-Duration and Long- Duration Contracts Accounting by Creditors for Impairment of a Loan (an amendment of Statements No. 5 and 15) Accounting for Certain Investments in Debt and Equity Securities Accounting for Contributions Received and Contributions Made Financial Statements of Not-for-Profit Organizations Accounting by Creditors for Impairment of a Loan Income Recognition and Disclosures (an amendment of Statement No. 114) Accounting and Reporting by Mutual Life Insurance Enterprises and by Insurance Enterprises for Certain Long-Duration Participating Contracts (an amendment of Statements No. 60, 97, and 113 and Interpretation No. 40) Accounting for Stock-Based Compensation Share-Based Payment Accounting for Certain Investments Held by Not-for-Profit Organizations Exemption from Certain Required Disclosures about Financial Instruments for Certain Nonpublic Entities (an amendment of Statement No. 107) Earnings per Share Disclosure of Information about Capital Structure Reporting Comprehensive Income Disclosures about Segments of an Enterprise and Related Information Page 4

24 CESR Equivalence Questionnaire Appendix 1 Category (a) GAAP promulgated by the and its predecessor bodies (extant at December 31, 2004) FAS 132(R): Employers' Disclosures about Pensions and Other Postretirement Benefits (an amendment of Statements No. 87, 88, and 106) FAS 133: FAS 134: FAS 135: FAS 136: FAS 137: FAS 138: FAS 139: FAS 140: FAS 141: FAS 142: FAS 143: FAS 144: FAS 145: FAS 146: FAS 147: FAS 148: FAS 149: FAS 150: Accounting for Derivative Instruments and Hedging Activities Accounting for Mortgage-Backed Securities Retained after the Securitization of Mortgage Loans Held for Sale by a Mortgage Banking Enterprise (an amendment of Statement No. 65) Rescission of Statement No. 75 and Technical Corrections Transfers of Assets to a Not-for-Profit Organization or Charitable Trust That Raises or Holds Contributions for Others Accounting for Derivative Instruments and Hedging Activities Deferral of the Effective Date of Statement No. 133 (an amendment of Statement No. 133) Accounting for Certain Derivative Instruments and Certain Hedging Activities (an amendment of Statement No. 133) Rescission of Statement No. 53 and amendments to Statements No. 63, 89, and 121 Accounting for Transfers and Servicing of Financial Assets and Extinguishments of Liabilities (a replacement of Statement 125) Business Combinations Goodwill and Other Intangible Assets Accounting for Asset Retirement Obligations Accounting for the Impairment or Disposal of Long-Lived Assets Rescission of Statements 4, 44, and 64, Amendment of Statement No. 13, and Technical Corrections Accounting for Costs Associated with Exit or Disposal Activities Acquisitions of Certain Financial Institutions (an amendment of Statements No. 72 and 144 and Interpretation No. 9) Accounting for Stock-Based Compensation Transition and Disclosure (an amendment of Statement No. 123) Amendment of Statement No. 133 on Derivative and Hedging Activities Accounting for Certain Financial Instruments with Characteristics of both Liabilities and Equity Page 5

25 CESR Equivalence Questionnaire Appendix 1 Category (a) GAAP promulgated by the and its predecessor bodies (extant at December 31, 2004) FAS 151: FAS 152 FAS 153 Inventory Costs (an amendment of ARB No. 43, Chapter 4) Accounting for Real Estate Time-Sharing Transactions (an amendment of Statements No. 66 and 67) Exchanges of Nonmonetary Assets (an amendment of APB Opinion No. 29) Page 6

26 CESR Equivalence Questionnaire Appendix 1 Category (a) GAAP promulgated by the and its predecessor bodies (extant at December 31, 2004) Financial Accounting Standards Board Interpretations (issued from 1974 onwards) FIN 1: FIN 4: FIN 6: FIN 7: FIN 8: FIN 9: FIN 14: FIN 18: FIN 19: FIN 20: FIN 21: FIN 23: FIN 24: FIN 26: FIN 27: Accounting Changes Related to the Cost of Inventory (an interpretation of APB Opinion No. 20) Applicability of Statement No. 2 to Business Combinations Accounted for by the Purchase Method (an interpretation of Statement No. 2) Applicability of Statement No. 2 to Computer Software (an interpretation of Statement No. 2) Applying Statement No. 7 in Financial Statements of Established Operating Enterprises (an interpretation of Statement No. 7) Classification of a Short-Term Obligation Repaid Prior to Being Replaced by a Long-Term Security (an interpretation of Statement No. 6) Applying APB Opinions No. 16 and 17 When a Savings and Loan Association or a Similar Institution Is Acquired in a Business Combination Accounted for by the Purchase Method (an interpretation of APB Opinions No. 16 and 17) Reasonable Estimation of the Amount of a Loss (an interpretation of Statement No. 5) Accounting for Income Taxes in Interim Periods (an interpretation of APB Opinion No. 28) Lessee Guarantee of the Residual Value of Leased Property (an interpretation of Statement No. 13) Reporting Accounting Changes under AICPA Statements of Position (an interpretation of APB Opinion No. 20) Accounting for Leases in a Business Combination (an interpretation of Statement No. 13) Leases of Certain Property Owned by a Governmental Unit or Authority (an interpretation of Statement No. 13) Leases Involving Only Part of a Building (an interpretation of Statement No. 13) Accounting for Purchase of a Leased Asset by the Lessee during the Term of the Lease (an interpretation of Statement No. 13) Accounting for a Loss on a Sublease (an interpretation of Statement No. 13 and APB Opinion No. 30) Page 7

27 CESR Equivalence Questionnaire Appendix 1 Category (a) GAAP promulgated by the and its predecessor bodies (extant at December 31, 2004) FIN 28: FIN 30: FIN 33: FIN 35: FIN 36: FIN 37: FIN 38: FIN 39: FIN 40: FIN 41: FIN 43: FIN 44: FIN 45: FIN 46(R): Accounting for Stock Appreciation Rights and Other Variable Stock Option or Award Plans (an interpretation of APB Opinions No. 15 and 25) Accounting for Involuntary Conversions of Nonmonetary Assets to Monetary Assets (an interpretation of APB Opinion No. 29) Applying Statement No. 34 to Oil and Gas Producing Operations Accounted for by the Full Cost Method (an interpretation of Statement No. 34) Criteria for Applying the Equity Method of Accounting for Investments in Common Stock (an interpretation of APB Opinion No. 18) Accounting for Exploratory Wells in Progress at the End of a Period (an interpretation of Statement No. 19) Accounting for Translation Adjustments upon Sale of Part of an Investment in a Foreign Entity (an interpretation of Statement No. 52) Determining the Measurement Date for Stock Option, Purchase, and Award Plans Involving Junior Stock (an interpretation of APB Opinion No. 25) Offsetting of Amounts Related to Certain Contracts (an interpretation of APB Opinion No. 10 and Statement No. 105) Applicability of Generally Accepted Accounting Principles to Mutual Life Insurance and Other Enterprises (an interpretation of Statements No. 12, 60, 97, and 113) Offsetting of Amounts Related to Certain Repurchase and Reverse Repurchase Agreements (an interpretation of APB Opinion No. 10 and a modification of Interpretation No. 39) Real Estate Sales (an interpretation of Statement No. 66) Accounting for Certain Transactions involving Stock Compensation (an interpretation of APB Opinion No. 25) Guarantor's Accounting and Disclosure Requirements for Guarantees, Including Guarantees of Indebtedness of Others (an interpretation of Statements No. 5, 57, and 107 and rescission of Interpretation No. 34) Consolidation of Variable Interest Entities (an interpretation of ARB No. 51) Page 8