REGISTERED No. D-(D)-72
The Gazette of India
EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No. 228] NEW DELHI, WEDNESDAY, NOVEMBER 23, 1977/AGRAHAYANA 2, 1899
Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF COMMERCE PUBLIC NOTICE IMPORT TRADE CONTROL
New Delhi, the 23rd November 1977
SUBJECT.—Licensing conditions for private sector and public sector imports under
the Yen Credit {Commodity Aid) 1D-C3 for 1977-78 extended by the
Overseas Economic Co-operation Fund (OECF),
No. 105-ITC(PN I/77—The conditions governing the issuance of import licences for private sector and public sector imports under the Yen Credit ("Commodity Aid) ID-C3 for 1977-78 as given in Appendices I and II to this Public Notice are notified for information
APPENDIX I LICENSING CONDITIONS IN RESPECT OF PRIVATE SECTOR IMPORTS UNDER THE YEN CREDIT (COMMODITY AID) ID-C3 FOR 1977-78 EXTENDED BY THE OVERSEAS ECONOMIC COOPERATION FUND (OECF)
Section I—General Conditions
The Yen Commodity Credit for 1077-78 extended by the Overseas Economic Cooperation Fund of Japan (OECF) is untied in favour of developing countries.
(1339)
J|46 ^$ 6A2^ft"K OF INDIA EXTRAORDINARY PAKT I—S)cc. IAccordingly the commodities and services incidental thereto to be procured under this credit can be imported from Japan and all countries enumerated in the hst at Annexure-I which will be the eligible source countries under the credit However, if commodities imported under the licence contain, components originating from a "on-eliflible source country or countries, it should be ensured by. the importer, while negotiating a supply contract, that the total ci.f. cost, including import duties, of such components imported into the country of the supply contract is less than 30 per Cent of the f o.b. value of the supply contract. In such a case, a certificate to this effect should be obtained from suppliers and attached to the supply contract
I(ii) The licence will bear the superscription "Japanese Yen Credit No. ID-C3" The licence code for the first and second suffix will be "S/JN" These will also be repeated in the letter from the CCI&E forwarding the import licence.
I(ni) No remittance of foreign exchange will be permitted against the import licence, except bank charges which may be remitted through normal banking channels. Any payment towards Indian Agent's commission should be made in Indian Rupees to the agents in India. Such payment however, will form part of the licence value and will, therefore, be charged to the licence
Kiv) The import licence will be issued on CIF basiF with an initial validity of 12 months For extension of the validity of the licence, the Licensee should approach the licensing authority concerned who shBll consult the Department of Economic Affairs (WE-I Section) in the matter.
I(v) Firm order must be placed on CIF or on C&F basis on the overseas suppliers located in Japan or in other eligible countries mentioned in Annexure-I and sent to the Under Secretary, Department of Economic Affairs (WE-I Section) Ministry of Finance, North Block, New Delhi within 4 months from the date of issue of the import licence. "Firm orders" means purchase orders placed by the- Indian licensee on the overseas supplier duly supported by order confirmation by the latter or purchase contract duly signed by both the Indian importer and the overseas supplier. Orders on Indian Agents of overseas suppliers and/or order confirmation by such Indian Agents are not acceptable.
I(vi) This condition of the placement of contracts within 4 months period will be treated as not having been complied with unless complete contarct documents reach the Ministry of Finance, Department of Economic Affairs, (WE-I Section) with-m four months from the date of issue of the import licence. If firm order as explained in para l(v) above cannot be placed within four months for valid reasons, the licensee should submit the import licence to the concerned licensing authorities giving reasons why ordering could not be completed within four months Such requests for extension in the ordering period will be considered on merits by the licensing authorities who may grant extension upto a further maximum period of 4 months. If, however, extension is sought beyond 8 months from the date of issue of this import licence such proposals will invariably be referred by the licensing authorities to the Depaitment of Economic Affairs (WE-I Section), Ministry of Finance, North Block, New Delhi who will consider such extension on the merits of each case and communicate their decision to the licensing authorities for communication to the licent.ee
Only on production by the licensee of a letter from the licensing authorities sanctioning such extension will the authorised dealers and departmental authori- ties permit the facility of bank guarantee, letter of authority for the establish- ment of letter of credit, acceptance of deposits of rupee equivalent, etc. in respect of supply contracts entered into under the import licence
I(vu) All payments must be contpleted within one month from the expiry of the import licence Individual payments .must be arranged upon shipment of coods The contract should provide for payment on cash basis i.e. on presentation of shipping documents. No credit facility of any kind, will.be permitted .tq be availed of by the Indian importer from the Overseas Supplier. The contract •hould provide for the period of delivery of goods as follows :
" Months after the receipt of Letter Of Credit but to b" completes
latest by the end of "
In fixing the terminal date for shipment it should be noted that this date
ehould not be beyond 30-6-1979.
1341
Section II—Special points to be kept In view while netotlatlng a supply contract
II CD fa) Ttoe Vtttue of the contract should be expressed in Yen (Fraction of TPen should be Omitted) and should exclude Indian Agent's commission, if any, which should be paid In Indian rupees in no circumstances the contract value should be expressed in Indian rupees or in any other currency. The FOB cost, insurance and freight amount may be shown seoarately but it should be clarified in the contract whether the freight charges will be payable on actual basis or whether the freight charges indicated In the contract would be the amount payable irrespective of the actual charges.
(b) The purchase order and supplier's order confirmation should be In English only.
H(ii) For individual imports not exceeding Yan 300 million in value (exclusive of Indian agents commission) the licensee is free to effect purchases directly from the suppliers without recourse to international tender enquiries from the countries listed in Annexure-I.
Il(iii) Where, however, the supply contracts exceed Yen 300 million in value (exclusive of Indian Agents Commission), any one of the following procedures for procurement should be rigidly followed:
(a) Formal Open International Tendering (b) Formal selective International Tendering (c) Informal International Competitive Procurement
II (iv) Any reference to International Tendering or Intel national Procurement will mean tendering or procurement, as the case may be, from the eligibile source countries
The above procedure may be relaxed In favour of Informal Competitive pro- curement or Direct purchase where
1 a number of qualified suppliers exist in one particular country or m a
limited number of countries
2 purchase of a commodity by reference to a particular specification, trade name or designation is necessary in order to assure the Interchange- ability or standardisation of equipment or because of special design requirement
3 purchases are In the category of emergency procurement
Th$ licensee is therefore advised that in case where the procedure at (a) and •(b) of para II(ili) above cannot be taken recourse to a reference to the Depart- ment of Economic Affairs shall have to be made who will consider each su
II(v) Where Formal Open International Tendering is resorted to, the following points should be borne in mind — (a) Invitations to bid shall have to be advertised in at least one newspaper of general circulation in India (b) Bid bonds or bidding guarantees are u usual requirement but they should not be set so high as to discourage suitable bidders (c) Bid bonds or guarantees should be released to unsuccessful bidders as soon as possible after the bids have been opened II(vi) The payment to the overseas supplier should be arranged through an irrevocable letter of credit to be opened by the importer's Bank In their favour which will be routed through the Bank of India, Tokyo under the OECF Yen Credit (Commodity Aid) for 1977-78 the details of which are given in Section VI below IKvii) The minimum value of a contract will be Yen 2 million Il(viii) Only one contract should be entered into for the full value of the Import licence. In exceptional cases, more than one contract may be permitted to be entered into for which prior approval of the Department of Economic Affairs, Ministry of Finance, should be obtained soon after the date of issue of the import licence. II (IX) Eligibility of Supplier—The Supplier shall be a national of the eligible source countries, or a juridical person governed substantially by nationals of the eligible source countries In. case the Supplier shall be juridical person, the Supplier shall satisfy the following conditions: — (a) that a majority of the subscribed shares ot the juridical person shall be held by nationals of the eligible source countries, (b) that a majority o± full-time directors of the juridical person shall be nationals of the eligible source country, (c) such juridical persons have been registered under the relevant laws and regulations in the eligible source countries, (d) the following statement of eligibility by the Supplier shall be added to each contract: "I (we) hereby state that my (our) company is an eligible .supplier, as— . percent {%) of the share's are held by nationals of—- (eligible source country), and per cent ('"„). of the direc- tors are nationals of — (eligible source country), and my (our)^ eompBiiy has been registered in (eligible source country) " Section III—Conditions to be incorporated in the Supply Contracts IlKi) The following provisions should be specifically embodied in the supply contract'— ' I III (EL) The Contract is arranged in accordance with tho Loan Agreement between the Government of India and the Japanese Overseas Economic Cooperation Fund (OECF) dated the 19th August, 1477, concerning the Yen Credit No ID-C3 (.Commodity Aid) and will be subject to the ap- proval of the Government of India for financing it under the said credit IIKb) Payments to the suppliers shall be made through an Irrevocable Letter of Credit to be issued under the Loan Agreement dated 19th August, 1977 between the Government of India and the Japanese over- seas Economic Cooperation Fund (OECF) concerning the Yen Credit No, ID-C3 (Commodity Aid) IIKc) The Overseas Supplier would agree to furnish such information and documents as may be required under the Yen Credit arranKemonts by the Government of India on the one hand and the Ot-CF on the other III(d) A certificate in the form Indicated in II(ix) (d) above III(n) Where the suppliers are located in Japan, the supply contract should contain a specific clause to the etfect that the Japanese Supplier should furnish u report to tnTEmbassy of India, Tokyo immediately after completion of shipping arrangement alongwith one copy of the invoice and one copy of the Bill of Lading. Section IV—Detailed Procedure for procurement and flnallsatlon of supply con- tract has been indicated in Annexure II Section V—Contract Approval bv Government of India ^ ^ ^ ^ M ^ ^ n ^ ^ A ^ ^ a S u S S ^ I y ^e Collector of Stamp, under Section 31 of the Indian Stamp Act. should be furnished in duplicate' — (i) Name of the Newspapers in which the bid specification was published; (ii) Name of parties who quoted against the tender enquiry; 1343 (ni) the reason for selecting a particular offer indicating whether it is the lowest technically suitable bid V(n) Bank Guarantee—Amount for which it should be executed The Bank Guarantee should be for an amount representing the rupee equivalent of the Yen amount for which, the Letter of Authority/Letter of Credit is nought plxis interest and other charges at, mentioned in Annexure-IV The rate of conversion, shall be at the exchange rate notified by the Department of Revenue and Banking and prevailing on the date of issue of the import licence aq per para 2 of the Public Notice No. 78-ITC (PN)/74 dated the 6th June, 1974 issued by the CCI&E This rate is meant only for the purpose of arriving at the value of the Bank Guarantee to be furnished by the Licensee, Fur the purpose of making rupee deposits into Government account towards the cost of imports, the rupee equivalent will have to be worked out in the manner indicated in Section VH below. V(iii) If the contract documents, Request for issue of letter of authorisation, the Bank Guarantee and other connected documents are found to be m order, the Ministry of Finance, Department of Economic Aflairs, WE-I Section will approve the contract and notify the same to the OBCF fqr their information that contract will be financed under the Yen Credit (Commodity Aid) and simultaneously, for- ward one set of documents to the Controller of Aid Accounts & Audit, Ministry of Finance, UCO Bank Building, 1st Floor, Parliament Street, New Delhi, for ltsue of necessary letter of authorisation A copy of this communication will also be endorsed to the licensee for information, The above procedure of approving contracts will ipso facto apply to each con- tract amendment Section VI.—Payment to the Overseas Supplier—Letter of Credit procedure VIH) On receipt from WE I Section, Ministry of Finance, Department of Economic Affairs, North Block, New Delhi, the documents mentioned in para v(iii) above, the Controller of Aid Accounts' & Audit (CAAA), Department of Economic Affairs, Ministry of Finance, UCO Bank Building, Parliament Street, New Delhi (hereinafter referred to as CAAA for convenience) will issue a letter of authorisation as in the form attached as Annexure-V to the Indian bank that has furnished the Bank Guarantee for opening the Irrevocable letter of credit as in the form attached as Annexure-VI in favour of the Overseas supplier A copy of this Letter of Authority will be endorsed by the CAAA to OECF, the Bank of India, Tokyo, Embassy of India in Japan and the WE-I Section, Department of Economic Affairs, Ministry of Finance. VIHi) On the basis of this letter of authority, the Indian bank concerned will establish an Irrevocable letter of credit in favour of overseas supplier concerned, and forward the original letter of credit (alongwith four copies, thereof) td the Bank of India, Tokyo requesting them to add their confirmation and forward it to the overseas supplier (It should be noted that the letter of credit issued on the suppliers bank in respect of private sector imports should be routed invariably through the Bank of India, Tokyo who will add its confirmation) The Bank of India, Tokyo will forward a copy of th" letter of credit to the OECF antf CAAA The above procedure of opeping letter.- ot credit on the basjs of letter of. -autho- rity from the CAAA would ipao-facfo apply tp all such amendments to letters of authority/letters of credit as may become1 necessary due to contract amendment Section VII —Responsibility of Rupee deposit VII (i) The original negotiable shipping documents will invariably be forwarded by the Bank of India, Tokyo to the concerned importer's bank in India who should release these negotiable set of documents to the licensee only alter ensuring that the rupee equivalent of the Yen payments made to the overseas supplier alongwith interest charges thereon calculated at the rate of 9 per cent annum for the 1st thirty days and at 15 per cent lor the period in excess thereof, reckoned from the date of payment by the Bank of India, Tokyo to the overseas supplier to the date of actual rupee deposit, is deposited into Government of India account in terms of the Public Notice No 48-ITC(PN)/7fi dated 16-6-7fi The interest is payable for both the days i e. the day on which payment is made to the overseas supplier and also the dav on which rupee deposit is made l'.ito Government account vide Public Notice N 74-ITC(PN)/74 dated 31-5-1974 as modified under Public Notice No. 103-ITCCPN)/76 dated 12-10-1976. The exchange rate to be adopted for corn- putting the rupee equivalent of the Yen payments will be the composite rate of exchange as laid down in CCI&E Public Notice No 8-lTC(PN)/76 dated 17-1-1976 or as mav be notified by Government from time to time through Public Notices of the CCI&E or through Exchange Control Circulars of the Reserve Bank of India Any chau£e in this regard as also in reeard to the rate of interest will be notified as and when necessary. It will be the responsibility of the Indian Bank concerned to ensure that the amounts due are correctly deposited mto_ Govern- ment, Account before the import documents are handed over to the importers. The licensee should also ensure that the amounts due are correctly deposited into Government Accouut before taking delivery of the documents from their bankers. The Head of Account to which the above rupee deposit should be credited is "K—Deposits and Advances—843 Civil Deposits-Deposits for purchases etc. abroad Purchases under credit/loans Agreements-credits from the Government of JapaRi under the detailed head Yen Credit (Commodity Aid) No ID-C3 for 1977-78 from Japan." VII (li) The amount referred to above should be deposited in cash to the credit of the Government either in the Reserve Bank of India, New Delhi, or State Bank of India, Tis Hazari, Delhi, or, if this *s not feasible, should be remitted by means of a demand draft obtained from anv branch of the State Bank of India or its subsidiaries or any one of the nationalised Bank (Drawee) drawn on and made payable to the State Bank of India. Tia Hazari Branch Delhi—6 (Drawee and payee), for credit to the Government account as contemplanted m Public Notices No. 184-ITCCPN) /68, dated 30-8-1968. No. 233-ITC(PN)/68 dated 24-10-66 No 132-ITC(PN)/71 dated n-10-1971, No. 74.-ITC(PN)/74 dated 31-5-74 and No. lO3-ITC(PN)/70 dated 12-10-1976. VII (iii) The concerned bank in India shall also -furnish such additional de- posit In the same manner stipulated above as may be requested by the Govern- ment of India on account of service qbarEes within seven days after such a demand is made by the Government. While flUirtg in -the various columns in, *he challan, it should b" eiwured by the iraportera/their bankftr.3 that the information, pres- cribed in pan* 2 at the'Public Notice No. l"a-ITC(PN)/71 dated 5-10-1971 and •lio to PubUc Notice No. T4-I"PCv(
-j V VII (iv) The concerned bank in India should endorse the amount of rupee deposits on the exchange control copy of the licence and send the requisite *S' form to the Reserve Ba*ik of India. Bombay. VII (v) After the obligations in terms of the Bank Guarantee and the letter of authorisation issued by the CAAA in the Ministry of Finance are fulfilled, the concerned Bank in India can apply to the CAAA for the release of bank guarantee. The application for this purpose must be made in t he form laid down In An- nexure VII. Section VIII—Miscellaneous provisions VIII d) The importer should send a monthly report after the letter of credit has been opened, regarding shipments and payments made there against the about the balance left, to the CAAA VIII (ii) Notifying Suppliers of Special Conditions—The licensee should ap- prise the supplier of any special provisions in the import licence which may affect the suppliers in carrying out the transaction. VIII (ih) Disputes.—It should be understood that the Government of India will not undertake any responsibility for disputes, if any, that may arise between the licensee and the suppliers. Provisions dealing with settlement of disputes should be included in the condition of the contract. VIII (iv) Fixture Instructions.—The licensee shall promptly comply with any directions, instructions or orders issued by the Government, of India, from time to time regarding any and all matters arising from or pertaining to the import licence and for meeting all obligations under the Yen Credit Agreement (Com- modity Aid) with the Japanese authorities. VIII (v) Breach or violation —Any breach or violation of conditions set forth in the above clauses will result m appropriate action under the Imports and Kr- ports (Control) Act. VIII (vi) List of Annexures. Annexure I—List of eligible source countries. Annexure H—Procedure for procurement and flnalisation of supply con- tract. r Annexure III—Form of Request for issue of the Letter of Authority for opening the Letter of Credit. Annexur* IV—Rank Guarantee Form. Annexure V—Letter of Authority Form Annexure VI—Form oi Letter of Credit. Annexure VII—Form ol Application for release of Bank Guaranty. EjCyvt Tuzww [ 1 unvna Ivory COM! I I H H I B HI HHJJHL1^ J m \ A Pa. THB1 GAZETTE OF INDIA E X T R A O R D I N A BY PAKT I_SEC, l IV. AMERICA, South Agrentina Bolivia Brazil Chile Colombia Falkland Islands French Guiana Guyana Paraguay Peru Surinam Uruguay V. ASIA, Middle East Bahrain Israel Jordan Lebanon Oman Syrian Arab Republic United Arab Emirates. (6) Yemen Arab Republic Yemen, People's DR. (7) VI. ASIA, SOUTH Liberia Malagasy Republic Malawi Mali Mauritania Mauritius Moozambique Nifier Portuguese Guinea Reunion Rhodesia Rwanda St Helena and dep. (2) Sao Tome and Principe Senegal Seychelles Sierra Leone Somalia Sudan Swaziland Terro. Afars and Izsas Tago Uganda Un Rep. of Tanzania Upper Volta Zaire Republic Zambia Afghanistan Bangladesh Burma Maldivis Nepal Pakistan Sri Lanka VII ASIA Far East Brunei Hong Kong Khmer Republic Korea, Republic of Laos Macao Malaysia Philllppirtes Singapore Taiwan Thailand Timer Viet-Nam Rep of Bahamas Barbodoes Belize Bermuda Costa Rica Cuba Dominican Republic El Salvador Guadeloupe Guatemala Haiti Honduras Jamaica Martinique Mexico Netherlands A tillea Nicaragua Panama St Pierre & Miquelon Trinidad and Tebago West Indies (BE.) n.i e, (ai Associated States (4) (b) Dependencies (5) Viet-Nam, Dem. Rep, (2) Including the following islands: Ascension,.., Tristan da lnqccessibles, Nightingale, Gou^h. (3) Maint jsian_a$, ..Artlba. Bonaire, Curacao,. Saha, St. Eustacit St''Martin (Southern Pari/ (4) Main islands- Antlgiija, Dominica, Grenada, St. Kitts (St". Caristephe), Nevis-Anguilla, St. Lucta- and St.'VinCent.1: (5) Main islands; Montsterrant, Gayman, Turks and -Ca.lcos, and British Virgin Islands (6) Ajman, UuBai, jcujalrah, Kas ai K.naimah'|' Sh&rj<'and UnftttBl fijualwain. (7) Including Aden and various sultanates and emirates. .1- VIII. OCEANIA Solomon Islands (Br.) Tongo (8) Comprising the Society Islands (Including Tahiti). The Austral Islands, the Tuamotus-Gambier Group and the Marquesas Islands, (9) Trust Territory of the Pacific Islands; Caroline Islands, Marshall Islands, and Manna Islands (except Guam). MAIN GUIDELINES FOR PROCUREMENT OF COMMODITIES UNDER THE COMMODITY LOAN AS FORMULATED BY O.E.C.F. I. Advertising' On all contracts subject to Formal Open International Tendering, invitations to bid shall be advertised in at least one newspaper of general circulation in India II Bidding- Documents and Contracts Jlrl, Bid bonds or Guarantees Bid bonds or bidding guarantees are a usual requirement, but they should not "be set so high as to discourage suitable bidders. Bid bonds or guarantees should be released to unsuccessful bidders as soon as possible after the "bids have been opened.' It is required that any contract to be financed under the Fund's loan shall fulfill, the following conditions. *\ (1) Conditions of Commodities.—JThe subject Items of the Contract shall, be produced 'in' the eligible jsouree countries and to be shipped to an, Indian port from the eligible-source -countries, >- If -the - imported, pqrtiqn .from non-eligible source countries is. lest; than thirty per cent (30 per cent) of the following formula. r"L"ted Commodities will be - financed ^even ' if' the imported - portion from non- 1 ""ngibler source countries is Included as-a part of the Listed Commodities in the Items of the contract. Formula mentioned above: Imported-Prico"J+''Import D u t r" - r. ' -.' —i-asj—,t--^, _-ix• ioo Supplier's FOB Price (2) Conditions of Supplier.—The Supplier shall be a national of the eligible source countries, or a juridical person governed substantially by nationals of the? eligible source countries. In case the Supplier shall be a juridical person, the Supplier shall satisfy the following conditions: (a) that a majority of the shares of the juridical person shall be hel
(b) that a majority of Directors of the juridical person shall be nationals of the eligible source countries, and (c) that a juridical person has been registered under the relevant laws and regulations m the eligible source countries (3) Denomination of Currency.—The Contract shall be fixed and payable in Japanese Yen without any fraction less than One Yen (V 100). (4) Date of Eligible Contract.—The eligible contract to be financed is the one which is concluded on or after the date of this Loan Agreement. (5) Standard Form of Eligible Contract—(a) The following items shall be inserted m eligible contract to be concluded on and after the date of Loan Agree- ment No. ID-C3 and to be financed by the Fund. (1) Name and Nationality of Supplier and Importer. (2) Number and Date of the Contract. (3) Name and Origin of Commodities (4) Contract Price and Quantity. (5) Payment terms. (6) Delivery and Shipment Schedule. (7) Other General Regulations. (b) The contract duly signed by both parties or purchase order by the Indian Importer placed on the overseas supplier supported by order confirmation in writing by the overseas supplier, or their photo copies, are also acceptable to the Fund. (c) The following statement of eligibility by the supplier shall be added to each contract. "I (We) hereby state that my (our) company is an eligible supplier, as p©rcent(<%) of the shares are held by nationals of (eligible source country), and percent (%)
II-3. Payment The fall amount of a shipment shall be t>aid to the Supplier at each time of presentation of the ralativfi shipping documents un
It national standards to which equipment or materials m,u
H-5. Use of Brand Names •RrMytftflntjrtTia fttaoulfi ta# tafttted QTi ocsfoffitiozicx? oflftftpj'Hty sn& should only qotlltisr at least equal to those specified. &<& Gtamwttae* "nd Performanca Boodt BWrtfag document* should nquiec toam tapn at ew"^y Jo guarantea. if umnuuy, m$ ftmty can be vtfM&^L ^Owr 4gt JI h"fik eu&"lrtee or by a II-7 Liquidated Damage Liquidated damage clauses, if necessary should be included in bidding docu- ments when delays in delivery will result in extra expenditure, loss of revenues or loss of other benefits to the Importer. II-8. Force Majeure The conditions of the Contract included in the bidding documents should contain clauses, when appropriate, stipulating that a failure on the part of the parties to perform their obligations under the Contract shall not be considered a default under the Contract jf such failure is the result of as event of force majeure (to be denned in the conditions of the Contract). II-9 Settlement of Disputes Provisions dealing with the settlement of disputes should be included in the conditions of the Contract. It is desirable that the provisjous should be based on "Rules of Conciliation and Arbitration" which have been prepared by the Interna- tional Chamber of Commerce or on such other arrangements as may be mutually acceptable to the Indian importer and the Overseas supplier 11-10 Language Interpretation Bidding documents should be prepared in English If other language should be used in the bidding documents English should be added to ;>uch documents and it is required to specify which is governing. i n. Bid Opening. Evaluation and Award of Contract The time allowed for preparation of bids will depend to a large extent upon the magnitude and complexify of the contract Generally not less than 30 days should be allowed for international bidding. The time allowed, however, should be governed by the circumstances relating tp each contract. III-2. Bid Opening Procedures The date, how and place for the latest receipt of bids and for the bid opening should be announced in the invitations to bid and all bids should be opened publicly at the stipulated time. Bids received after this time should be returned unopened. The name of the bidder and *he total amount of each bid and of any alternative bids, if they have been requested or permitted, should be read aloud and recorded. III-3. Clarifications or Alteration of Bid* No bidder should be permitted to alter hjs bid after the bids have been opened. Only clanfl.catio.np ,nat qbangino the substance of the bid may be accepted The Importer may ask any bidder lor a clarification of his hid but should not ask any bidder to change the; nubstance of the .price of his bid. III-4. Procedures to he confidential Except aa may be required by law, no Information relating to the examination clarification and evaluation of bids and -recommendations concerning award should be communicated after the iiublic opening of bid" to any pexsoiu not oflV dally concerned with tfaew procedures until the award at a contract 4*" -toe •ucceaa- ful bidder Is announced. IJI-6. Examtoattem pf B1
Following the ,Qpea|nfi, i\ ~"h"uld be aacraUinejl whether material "rrow In computation have been made in the bids, whether the bids are
financia] resources effectively to carry out the Contract concerned. If the bidder does not meet that test, his bid should be rejected. III-7 Evaluation and Comparison of Bids Bids evaluation must be consistent with the terms and conditions set forth in the bidding documents. In addition to the bid price, adjusted to correct arithmetical errors, other factors such as the time of delivery the efficiency, and compatibility of the equipment or the availability of spare-parts should be taken into consideration. To the extent possible, these factors should be expressed m monetary terms according to criteria specified in the bidding documents, The amount of escalation for price adjustments, if any, included in the bids, should not be taken into consideration. A detailed report on the evaluation and comparison of bids setting forth the spcific reasons on which the determination of the lowest evaluated bid is based should be prepared by the Importer. III-8 Rejection of Bids Bidding documents usually provide that Importers may reject all bids However, all bids should not be rejected and new bids invited on the same specifications solely for the purpose of obtaining lower prices m the new bids, except in cases where the lowest evaluated bid exceeds the cost estimates by a substantial amount. Rejection of all bids may aJso be justified when (a) bids are not responsive to he intent of the bidding documents or (h) there is a lack of competition If all bids are rejected, the borrower should review the cause or causes lustifying the rejection and either consider revisions of the specifications or modification in the commodities (or amounts of the commodities on items called for in the original invitation to bids), or both. In Special circumstance1? after consultation with the Borrower, the importer may negotiate with one or two of the lowest bidders to try to obtain a satisfactory contract. III-B Award of Contract The award of a contract should be made to the bidder whose bid has been determined to be the lowest evaluated bid and who meets the appropriate standards of capability and financial resources Such bidder should not be required, as a condition of award, to undertake responsibilities on commodities not stipulated in the specifications or to modify his bid. REQUEST FOR ISSUE OF THE LETTER OF AUTHORITY No. Date ' To The Controller of Aid Accounts & Audit. Ministry of Finance. (Department of Economic Affairs), UCO Bank Building, 1st Floor Parliament Street, New Delhi-110001. S U B J E C T—I m p o rt of . . .. • f r om J a p an u n d er t h e ,. . .. . . ." .. Y en Credit (Commodity Aid\, for JfO. ID-C3 for 1977-79. Sir,' ' In connection with the irrtport of. '.' r. .from Japan • under the above, mentioned Yen Credit " (Cdmiftodrty'Aid) (Loan ,Agreement . No JD-C3) we fur-nish the ;follqwjtng particulars to enable you to Issue-the Letter of Authority to the . . . '. ...'.."..'.... ^(name"of the J?ank whjch should be the same as given in (n) below for opening a letter of credit ^ f a v o ur of the Overseas Supplier concerned). 135* PfMethod of procurement—whether it is based on direct purchase or Formal Open International tendering in which case it should tie indicated whether the contract has been awarded on the basis of lowest technically suitable offer with reasons, if any. (d) Brief description of the goods (e) Origin of the goods. (f) Percentage of the import components from non-eligible source countries, it any. (g) Value of contract (in Yen)—it should be clearly indicated whether it is C&F or CIF. (h) Amount of Indian Agents commission (in Yen), if any, payable in Indian rupees and the net value in Yen payable to Overseas Supplier, (i) VaJue (in Yen) for which the Letter of Authority is requested, (j) Number and date of the contract with Overseas Suppliers, (k) Name and Address of the Overseas Supplier. (1) Nationality. (ii) Percentage of the shares held by Nationals of the eligible source countries (lii) Nationality of the representative and/or President of the Supplier (iv) Percentage of Directors who are nationals of eligible source countries. (1) Payment terms and probable dates on which payments under the contract will fall due. (m) Expected d?-te of completion of deliveries (n) Name and address of the importer's Bank m India (which will be the bank that has furnished Bank Guarantee) (o) Number, date and value of the Bank Guarantees indicating the period upto which it is valid (p) Whether a contract (s) under the same licence has been placed and notified to the OECF and if so, the name, date and value of each such contract and the reference of the Ministry of Finance under which it has been notified to the OECF. Signature . ,, To The President of India In consideration of the President of India (hereinafter called the Government')1 having agreed to arrange for payment in Yens for the import of . .. by (hereinafter called the 'importer') against the import licence No • dated— issued under the terms and conditions of Yen Credit (Commodity Aid) No, ID-C3, we Bank, at the request of the importer hereby undertake to arrange to deposit, the amounts of disbursements made by the Bank of India, Tokyo converted at the prevailing composite rate of conversion laid down in CCI&E's Public Notice No. 8-ITC(PN)/76 dated 17th January, 1976 or as notified from time to time in Public Notices/A D. Circulars within ten days of the receipt of advice of payments for credit to the Government account in the manner and against the appropriate Heads of Accounts as indicated by the Government of India under the said credit together with interest thereon at the rate of 9 per cent pe'r annum for the first thirty davs and at the rate of 15 per cent per annum for the period excess thereof reckoned from the date of payment to the overseas .supplier to the date of deposit of Rupee equivalent for credit to the Government account The negotiable set of import documents received from the Bank of India, Tokyo, will be released to the Importer only after the rupee deposits contemplated above have been made J 3 JA T™1 GAZETTE Oft OWJIA EXTRAORDINARY I 2. We, the (Bank), also up.de.* (Bank indemnify and keep indemnified the Government against any default in pa,, by the importer of any sum that may be due and payable from time to time by L importer to the Government at such place and in such manner as the Governme may from time to time direct such sums not exceeding Rs or any part thereof, for the time being due and payable by the importer, toge n with interest thereon at the rate of 9 per cent per annum for the first 30 days ai at rate of 15 per cent per annum for the period excess thereof reckoned from tr date of the payment to the overseas supplier The decision of the Government i to any default in the said payment by the importer, or on his part and in re=" to the amount payable to the Government by us shall be final and binding on us (Bank), 3 We (Bank), further agree that in case increase in the value of imports or increase in the value of unfulfilled d~I' -under the contract as a result of change in the composite rate, of exchan mentioned in para 1 above, the amount of this guarantee bond will be adjus' as on the date when the change take place, in proportion to this change. 4 We, . . . . .. (Bank), further agree that tbi guarantee herein contained shall remain in full force and effect during the perlr that/would be taken for the performance of the said agreement/contract and th. it shall continue to be enforceable till all the dues to the Government under, u by virtue of this guarantee, have been fully paid and its claims satisfied or dis- charged. 5, The guarantee herein contained shall not be affected by any change m the constitution of the importer or the (Bank), and the Government shall have the fullest liberty without affecting the guarantee to postpone for any time and from time to time of the powers exerciseable by it (Bank), shall against the Importer and the not be released from its liability under this guarantee by any exercise of the Government of the liberty with reference to the matter aforesaid or by reasons of time being given to the importer or any other forebearance, act or omission on the part of the Government or any matter or thing the Government to the importer or by any other matter or thing whatsoever which under the law relating to sureties shall, but for this provision, have the effect of so releasing the (Bank) from its such liability. 6 We . (Bank), lastly undertake not to revoke this guarantee durmg its currency except with previous consent of the Government in writting 7 Our liability under this bond/guarantee is restricted to Rs (plus interest and all banking charges not expected to exceed 1 Der cent of the guarantee amount), and this guarantee shall remain in force till** the date of (months 10 Un1*"
Date the day of 19 . for (Bank) Accepted for and on behalf of the President of India by Shri Signature Signature **This date shall be arrived at by adding one month to the date up to which the Letter of Credit is required to be kept valid. NOTE.—The value of the gtamped paper on which this ffuaranta* It to be executed la to be adjudicated by the Collector of Stamps under Section 3l of thft Indian Stamps Act. *3# ANNBXTTM: V fRef Section VI—Para VI (1)1 fOU PRIVATE SECTOR IMPORTERS (LETTER OF AUTHORITY FORM) No. F. GOVERNMENT or INDIA MINISTRY OF FINANCE (Department of Economic Affairs) to (Indian Importers' Bank) SOBJTCT Import under Yen/Credit (Commodity Aid) Loan Agreement No W- C3, Issue of Letter of Authority for opening Letter of Credit— Import Licence No . dated Dears Sirs, With reference to your Bank Guarantee No dated , and letter No dated from M/s (Importer) in which they have requested permission for opening a letter of credit through your Bank tinder the Yen Credit (Commodity Aid) No ID-C3, I am to enclose the Department of Economic Affairs Letter of Authority (form attache^ as Appendix I to this Annexure—V) No dated issued to the Bank of India, Tokyo with one spare copy authorising them to airange payments upto Yen to the overseas suppliers This letter of authority should be sent by you to the Bank of India Tokyo Branch alongwith the Letter of Credit opened by you 2 You are hereby authorised to open the Letter of Credit for an amount not effective only after it has been confirmed by the Bank of India Tokyo The letter under intimation to this Department In terms of para 10 Section VII of the Exchange Control Manual you are required tn ensure that the date of expiry of the Letter of Credit is not later than 45 days after the final date for shipment as stated in the relative import licence of the date indicated ki the Letter of Authority whichever is earlier Before opening the Letter of Ciedit jt mav please "be ensured that the importers are m possession of a lohd import licence 3 The Letter of Credit opened bv you will incorporate a clause that it will be effective only after it has been confirmed by the Bank of India_ Tokyo The Letter of Credit will therefore, have to be routed through that Bank requesting them to add their confirmation to the effect that thev undertake to pay on pre- sentation of documents in terms of the Yen Ciedit (Commodity Aid) No ID-C3 Bank of India, Tokyo, will forward the letter of credit after adding its confirma- tion to the overseas supplier through his bankers 4 The amount of the Letter of Credit should not exceed without a specific authorisation from this Ministry 5 The banking charges and interest charges of the Bank of India, Tokyo and charges if any of overseas suppliers bankers will on demand bt= remitted by you direct to the Bank of India, Tokyo through the < ormal banking channels 6 You are requested to arrange to deposit the rupee equivalents of the Yen payments to the overseas suppliers in terms of the Guarantee furnished by you, wthin 10 days of the receipt of documents from the Bank of India Tokyo The rupee equivalent of amounts disbursed to the suppliers vill have to be calculated bv applying the composite rate of conversion as prevailing on the date of pay- ment to suppliers in accordance with the Public Notice No 8-ITC(FN)/76 dated 17-1-76 or such other Public Notices, which mav be issued from time to time Interest at the rate of 9 per cent per annum for the first thirty days and at the rate of IS per cent per annum for the period excess thereof reckoned for the period betweevi the date of payment to thp supplier and the date on which the rupee equivalents are to be deposited into Government account m terms of Public Notice No 46-lTC(PN)/76 dated 16-6-76, will also have to be credited alonjrwith the above amount to the Government of India's account The interest is payable for both the days i e the dav on which payment is made to the overseaB supplier sod also the date on which rupee deposits is made into Government account W SWn"e *n thJs rate will be Intimated \t and when made) It will be your Yvspombihty to arrange for the DEPOSIT OF THESE AMOUNTS correctly be- fore the import documents ore BANDED over t0 the importer. 7. These amounts should be deposited either with the Reserve Bank of India, New Delhi, or the State Bank of India, Tls Hazari Delhi or remitted by means of a demand draft obtained by you from any Branch of the State Bank of India or its subsidiaries or any one of the nationalised banks drawer drawn on and made payable to the State Bank of India, Tis Hazari Branch Delhi—6 (drawee- and payee) In this connection your attention ig also invited to the provisions of the Public Notice No. 233-ITC(PN)/68 dated 24-10-1968 and No l84-ITC(PN)/68 dated 30-8-1968, No l32-ITC(PN)/7l dated 5-10-1971, No 74-IT_C(PN)/74 dated 31-5-1974 and No. 103-ITC(PN)/76 dated 12-10-1976 The Head of Account to be credited is "K-Deposit and Advances-843-Civil-Deposits-Deposits for purchases etc from abroad—Purchases under credit/Loan Agreement—Credits from the Government of Japan" under detailed head "Yen Credit (Commodity Aid) No. ID-C3 for 1977-78 from Japan." 8 One copy of the challan in original, in cases where the rupee equivalents are credited in cash at the Reserve Bank of I"dia, New Delhi, or the State Bank, of India, TJS Hazari, Delhi as prescribed in Public Notice No 132-ITC(PN)/7I dated 5-10-1971, and Public Notice No 74-ITC(PN)/74 dated 31-5-74 should be sent by you to the address "i\en below nlonpwith a forwarding letter giving deposit and citing reference to this communication — The Controller of Aid Accounts & Audit, Ministry of Finance, Department of Economic Affair"?, 1st Floor, UCO Bank Building, Parliament Street New Delhi-110001 In case where the rupee equivalents are remitted by means of demand drafts as laid down in the Public Notice No 233-lTC(PN)/68 dated 24-10-1968, mentioned above, intimations thereof should be sent to the address given above In all cases, full particulars of the rupee equivalent1; deposited ulontfwith the amount of Interest paid and the Period for which interest hat, been calculated should be furnished to this Department The receipt of this letter may please be acknowledged. Yours faithfully. Accounts Officer. Copy forwarded to: — 1 M/s (Importer) for information, with reference to their letter quoted above A copy of the Letter of Authority iq also enclosed 2 Bank of India, Tokyo for information and necessary action m terms of their Agreement with the Government of India dated 30-10-1976 3 The Director Loan Department II, Overseas Economic Cooperation Fund. Lino Building, 1-1, tlchisaiwai-cho, 2 Chome-Chiyoda-ku, Tokyo 4 Embassy of India, Tokyo for information 5 Under Secretary (WE-I Section), Department of Economic Affairs, valongwith a copy of Letter of Authority with reference to their letter No dated Accounts Officer. No F GOVERNMENT OP INDIA MINISTRY OF FINANCE (Department of Economic Affairs) To Bank of India, Tokyo Branch, Tokyo (Japan) Dear Sir, In accordance with the terms and conditions of the agreement dated 30-10-76 entered into with your Bank, we hereby authorise you to confirm the Letter of T3S5 Credit to be opened by (Indian Bank) favouring (Overseas Supplier) for Yen . . covering the import of aymnst contract entered into by (InrfittTi Importer), to be forwajded to th< b
*. After each payment, t'ic shinpin" and other documents (negotiable may be forwarded direct to (Indian Bank) .ilonj-'vith a tnympnt advice and you must claim immediately reimbursement of the amounts p.iid by furnishing necessary documents to the OECF A, and i'hen any njwr.vi t is made bv you and re- imbursement is made to you, an advice m the pieS'_7ibcd form should be sent to this Ministry, J Your banking charges. , net chaifies1 if any of overseas Suppliers bankers and interest charges under the above LeUei of Cicdn will be settled directly with you by the (Indian Bavk) 4 This authority will remain valid upto Yours faithfully, Accounts Officer, Date- L/C No T.us letti r oi Credit has been issued pur- suant, to Lonn Agreement No dated between (borrower) and THE OVERSEAS ECONOMIC COOPERA- TION FUND, Tokyo, Japan To (Name and Address of the Advising Bank) Deac Sirs, We request you to advise (Name and addiet, if the Supplier) that we have opened our irrevocable credit No m their favour for account of (Name of the purchaser) for a sum or sums not eTceedmc an acareRate amount (say Yen ) available by beneficiary's drafts at Si"ht for full in- voice value drawn on ("the designated foreign exchange bank m Tokyo) To be accompanied by the following documents Signed commercial invoice in Packing list in Certificate of Oiifi/.i in Fullest of clean on boaid oceun bills of lading made out to order and blank endorsed and marked "Freight " and "Notify " (Other docu- ments) evidencing shipment of (Brief description of £Oods referring to Con- tarct No fiom to , 19 Partial shipments are permitted Transhipment if permitted Bill of lading must be dated not later than Drafts must bc presented to rie drawee not latoi than , 19 "Drawn uuder (Name of the Issuing Bank) irrevocable ctcdlt No dated. 19 , and Import Reference No (s) (if any)" This credit is not transferable We heieby undertake thut all drafts diawn under and in compliance with the terms of this credit shall be duly honoured on due presentation and delivery of documents to the drawee Unless otherwise expressly statad, this credit is subject to "Uniform Customs and Practice for Documentary Credits C1974 Revisions), International Chamber of Commerce, Publication No, 290". Special Instruction to the itugotiativg '^vk 1. This credit shall become effecave when :thv d:signated oreign exchange bank in Tokyo) acknowledger! receipt of ihe Letter of Commitment from THE OVERSEAS ECONOMIC COO°ERATIGN FUND undei xhe aforementioned Loan Agreement. After obtaining the raimbiUT .Tur>: from THE OVERSEAS ECONOMIC CO- OPERATION FUND in accordance \vith the provisions of the Letter of Commit- ment, (the designated foreign ••xchaiig? bank m Tc/cj/o) undertakes to remit the amount of the drafts jn accordance with instructions is-ued by "you. 2. You must forward the drafts and one complete set of documents to {the designated foreign exchange bank in Tokyo) together with the certificate stating that the remaining documents have been airmailed direct to us. 3. All banking charges under this credit are for account of (the Importer) under the said Loan Agreement. Yours faithfully. (Name of the Issuing Bank) By: (Authorised Signature) ANNEXURE VII [Section VII—Para VII (v)] FORM OF APPLICATION FOR RELEASE OF BANK GUARANTEE To The Controller cf Ai-i Accents & Audit, Ministry of Finance, Department of Er>onomv Affairs, UCO Bank Buildinrr. 1st vioor. Parliament Street. N> v Dc!hi-1. Sir, We are furnishing be'ow -"'I'livd ::ifo-mation on the rupee deposits made by .'.with the request us in discharys of our obl; J:t\rrs:; ..Md Crnk Guarantee No.. dated for ?,-.: gmo"-" of Hs that the same may be relea^d s:v' r-turned to us. 1. The name and full addie.sj, of the irrporter/licensee on whos^ behalf the Bank G'jaraivea wss .fiirnifOird. 2. The import licence No,, a\te. value, brief description of the equipment and/or commacllties a''0"'.?'' for iniooi't thereunder. 3. Particulars of the a'J':':or nation(s) for opening Letters of Credit obtained from the Ministry of Finance (to be given separately for each letter of authorisation). (a) Letter No. and date. (b) Amount of Authorisation. (c) Japanese Yen Credit No. 4. Particulars of hnr.'eriy cr.d runee deposits made (to he given separately for each Letter of Cradit Authorisation). (a) Particulars of Letters of Credit opened iNo., date, value +be sup- plier's name). (b) Invoice No. and date relatlvs to each Letter of Credit. (c) Amount of Invoice (net) in Yen. (d) Amount of Rupee deposit. 1357 (e) Relative ch ulan No and etc • +hc name of TiCc ^my/Bank (1) If bj demand draft No ara QB of the demanci chart ana No and date of the Letter nith T n th^ H \ ^ a" sent +o the State Bank of LiJia Delhi A.*nourt it l'iei ard Lalance t ' cec> <\cr> n c icl _of(e* )f Crtrht Authoi isation II We eitif\ Jhat — (1) T ie ba anco amount ot Yen nablf m the au "i) ]vatjc> (<• Qi\en by the AT n ti> ox Finr ice a rot been u+ih=ed/\\ ill not be ut'li ^4 OR No letter of ciedit was opened umei the u'hor <• t on(s) and the authorisahor (s) lapsed OR The letter of credit was op<_'iel against the authorisation lettet (s) expired unutilised (2) Our obligations under the B^nk Guarantee in question have been fully discharged III We confirm that the interest and banking charges of the Bank of India. Tokyo and charges if any of o\erheas suppliers Bankers relative to this transac- tion have been iemitted by us to the Bank of India, Tokyo IV We request that the bank guarantee may p^ase be released and returned *o us for cancellation Yours J athiully Authorised Agent fo ard on heha1! of the Bank J ^ D E R ^ ' H I L ^ ^ ^ C R E D IT (COMMODITY AID) IDC3 FOR 1977 78 EXTENDED I,Y THE O- EPSEAS ECONOMIC CO-OPERATION FUND (OECF) "ettiM> 1—Cenpral Conciihons T he l i c ei ce c o de J OI t he < i i ot a na ' ° ro i f1 *• i f f ix w i ll bp " S / J N' T h e ^e w 11 a l so 1359 ll(iv) Anv lefernce to International Tendenng or International Procurement will mean tendc-uriR or Piocurement as Hie cesc may be, from the eligible source countries The above pi ocedure may bc relaxed in faviui of Infonral Competitive pro- curement or Ducct Purchases whei e 1 a numbei of qualified suppliers exist m one particular country or in a limited number of countrjes 2 purchase of a commodity by reference to a particular specification, trade nanif or design itinn lc: ncce^ary in ordei to assure the mterchange- ybihly or standaidilation ol equipment oi because of special design requirements 3 Wheic purchases are in the cutegoiy of emejgency procurement The licensee is theieforc advised thnt in case whei c the proceduio at fa) and (b) ol P an IId I) nbove cannot be taken ieioui.sP to a reference to the Department of Economic Affairs shall have to be made who will give neccssaiy appioval on mPI its of each case Ilfv) Where Foimal Open International Tendering is resorted to the following points should be borne in mind — (a) Invitations to bid shall hnvo 1n be advertised in atleast one newspaper of general circulation in India (b) Bid bonds or bidding guarantees are a usual requirement but they should not be '•o high as to discouiagp suitable bidders (c> Rid bonds or guarantees should be released to unsuccessful bidders as soon as possible after the bids have been opened. II(viI The payment to the overseas supplier should be airanged through an mevociblc letter of credit to be opened bv the Bank of Tokyo m then favoui under the OECF Yen Credii (Commodity Aid) No TD-C3 for 1977-78 the details of which aie given in Section VI below Il(vn) Thn minimum value of a contiact will be Yen 2 million IT(viii) Only one contract should be entered into against the import licence In exceptional cases, mote than one contiart mav be permitted to be entered into, foi v\niUi prioi Hppiov.il of the Department of Economic Affairs Ministry of Fmancp
Il(nc) Eligibility of Suvvher- Thp Simnlier shall h" a national of thc eligible souiee I'ouiiiiics, or a luridical peison governed substantially bv nationals of the eligible souiee countries In case thp Supplier shall be juridical person the Supplier shall satisfy the following conditions: (a) that a rraiorrty of the subsenhed shares of the juridical -person shall be held by nationals of the eligible souicf countries fb) ^.nt a rraioritv of full-hm ' dncctiis of the judicial person shall be r-ationals af the eligible source country fc) such juridical peisons have been registered under the relevant laws jnd Iemulations in the eligible -DUice countries (d) The following statement of eligiblit> bv thc Supplier shall be added to each contract 'l(We) hereby state that mvfoui) company is an eligible supplier, as —per cent (ri ) of the shaies are heli bv national of ™ (eligible souiee countiv) .• d- -per cent <%) of the directors are aie nationals o f —- (eligible source country), and mv (our) com- rjanv has been legistered in -(Eligible source country)" Section III—Conditions to be incorporated in the Supply Contracts: III(i) The following piovisions should be specifically embodied m the suoply luontraet (j) The contiact is ananged m °rcoidance with the Loan Agreement bet- vern thp Government nf In'in an-^ t>i" Jap UIPSP OveT'sens Economic Cooperation Fund (OECF) dnted the 19th August, 1977 concerning the Yen Credit No ID C3 fCommodit:- AH) and will be iUtyect to the approval of the Government of India for financing it under the sa^d credit (b) Payment to the supplier shall be made through an irrevocable Letter of Credit to be issued by the Bank of India, Tokyo, under the Loan Agreement No ID-C3 dated 19th August 1977 between the GoveiUment of India and the Japanese Overseas Economic Cooperation Fund fOECF) (cj The Overseas Suppliers agrees to furnish such information and docu- ments as may be required under the Yen Credit arrangements by the Government of India On the one hand and the OECF on the other (d) A certificate (triplicate) in the form indicated in II(ix") (d). Ill (ill In rase the supplier is located m Japan the supply contract should contain a clause that the Japanese supplier agrees to make shipping arrangements in consultation with the Embassy ol India, Tokyo and that lor this purpose he would keep the Embassy of India, Tokyo informed of the deliveiy schedule of the goods l'nvolved and notify the Embassy of India atleasi four weeks in advance of the shipping required so that suitable arrangements should be made In ex- ceptional cases, where the Indian importers require it, this period of notice may be reduced. The Japanese supplier should also agree to send a cable advice to the importer after each shipment giving the necessary details and a copy thereof should be pent to the Embassy of India Tokyo Section IV—Contract Approval by Government of India IV(i) "Within the stipulated period for placement of firm orders the licensee should forward to the Under Secretary (WE-I Section), Department of Economic Affairs, Ministry of Finance, North Block, New Delhi, 4 copies of the contract duly signed by both parties or purchase orders by the Indian importer placed on the Overseas Supplier supported by order confirmation in writing by the Over- seas Supplier or then' photo copies complete in all respects, together with two photocopies of the relevant valid import licence also with an application (in dup- licate) in the form attached as Annexuie-Ill requesting for issue of Letter of authorisation for opening Letter of Credit Where supply contract is based on formal Open International Tendering or Formal selective International Tendering a certificate to the following effect should be furnished in duplicate: — (i) Name of the Newspaper (5) m which the bid specification was published (11) Name of parties who quoted against the tender enquiry; (111) the reason for selecting a particular offer indicating whether it is the lowest technically suitable bid IV(ii) If the contract documents 1he request for issue of letter of authorisa- tion and the import licence arc found to be in order, the Ministry of Finance, Department of Economic Affairs, WE-I Section will approve the contract and notify the same to the OECF for their information that c o r s et will be financed under the Yen Credit (Commodity Aid) and simultaneously forward one set of documents to the Controller of Aid Accounts & Audit. Ministry of Finance, Department of Economic Affairs, UCO Bank Building, 1st Floor Parliament Street, New Delhi, for issue of necessary letter uP (authorisation A copy of this com- munication will also be endorsed to the licensee for information The above procedure of approving contract will tp,-o facto npply to each con- tract amendment Section V—Payment to the overseas supplier—Letter of Credit "procedure V(ii) On receipt of the documents mentioned in parr TVdi) above the Control- V(ii) On receipt of the lettef of authority, the Bank of India, Tokyo, will establish a;i irrevocable ieiter 01 credit m favour oi the overseas supplier con- cerned and will also forward a copy oi: the sa.ne to the OECF, Embassy of India, Tokyo: the importer's bank in India and the CAA&A (It should be noted that as per the Yen Credit arrangements vhe letters of creau in respect of public see- Xor imports, Central Government Departments, State Government,, and Electricity Boards would be opened only by the luKyo, br-mcu vr Hie Bank, oi India). The above procedure of opening of letters oi er^axt on the basis cf letters oi" authority from the CAA&A would ipso )acto apply to all auch amendments to letters of authority/letters of credit as rr.a.y become necessary due to contract amendment. VUii) The overseas supplier shall, after aiT^c^ng shipma.l of goods, present his bankers the documents specified in the leuci- o> creau to ine ^unk of India Toko. It. the documents are found to be i '- ord.-r th>_ Bank of India, Tokyo will release the amount specified in taj document^ u :;%„. overseas supplier through, his bankers and wnl tnereaitei obtain reimuu.se1. uu o< the said amount from ifte OECF. V(iv) Banking charges payable to the Bank jt India, Tokyo, ior opening the letter of credit, for negotiations thereunder and tv.a/gas, if any. ot overseas sup- plier's banker and ink 1.0s I charges payable to the uank of India, Tokyo, for the period counting irom the date 01 payment of the cost o- imports by them to the overseas supplier to the date of reimbursement by- tne OECF snail be settled by the concerned importer's bank in India by remittances to the Bank of India, Tokyo through normal banking channel without affecting the Government of India's account. In respect of imports by Central Government Departments, the Bank 01 India, Tokyo will, however, recover these charges from the Embassy of India Tokyo. Section VI—Responsibility for rupee deposit. VI(i) The original negotiable shipping documents will be invariably forward- ed by the Bank of India. Tokyo, to the concerned importer's bank ,n India which won d De a branch 01 the State Bank of India or c"iy of th? nationalised banks (as mentioned in (m) in Armexuie-III) who should release these negotiable set of documents to the public sector projects, State Governments and Electricity Boards, concerned only alter ensuring that the rupee equivalent of the Yen Pay- ments made to the overseas supplier aiongwith inteiest charges thereon calculated at the rate of 9 per cent per annum for the first thirty days and at 15 per cent for the period in excess thereof, reckoned from the dale of payment by the Bank of India, Tokyo to the overseas supplier to the date of actual rupee deposit, is depo- sited into Government of India account in terms of the Public Notice No. 46-1TC (PN)/76 dated 16th June 1976. The interest is payable for both the days i.e., the day on v.'hich payment is made to the overseas supplier and also the day on which rupt2 deposits is made i"^0 Government .^ccou^t v'de Public Notice No. 74-ITC(PN)/74 dated 31st Mov 1974 as modifier under Public Notice No. 103- rrC(PN)/76 dated 12th October 1976. The exchange ./ate to be a lopted for corn- putting the rupee equivalent of the Yen payment will be the prevailing composite iatf cf exchange as laid down in CCI&E Public llotico No. 8-ITC(PN)/76 dated ITtii January 1976 or as may be notified by GoT'rrnmerjt frum time ;o time through Public Noyces of the CCI&E or through Exchange Control Circulars of the Re- serve Bank of India. Any change in this regard as also in regard t0 the vate of inteiest will be notified as and when necessaiy. It inV be ,hr responsibility of the Indian bank concerned t0 >nsure that the awo f-.r- ,in,> a v correctly deposited into Government Account before the import rhevvpnts are handed over to the importers. The licensee should also eiismc that th.. a;r,iimS dve are correctly deposited into Government account before t-kin
VI(ii) The amount referred to above should h" deoosHed in ca=h to the credit of the Government either in the Reserve Bank of Indie New Delhi or State Bank of India, Tis Hazari, Delhi, or if this is not feasible shouM be rerritted by means ol a demand diaft obtained irom any such hianch of the State Bank of India or its subsidiaries or any one oi the Nationalised Banks (drawee) drawn on and made payable to the State Bank ol India, Tib Hazari, Branch, Delhi-6 (drawee and payee) lor ciedit to Government account ay contemplated in Public Notices No l84-ITC(PN)/68 dated 30th August 1968 No 233-ITC(PN)/G8 dated 24th October 1968 and No 132-ITC(PN)/71 dated 5th October 1971 No. 74-ITC ^ N ) / 74 dated 31st May 1974 and No. ]G3-ITCtPN) /7d dated 12th October, 1976 VI(in) The concerned bank in India shall also furnish such additional deposit jn the .same manner stipulated above as may be requested by the Govi_rninent of India on account of service charges within seven day? after such a demand is made bv the Government While iilling in th'1 vanous columns m the ch"llan it should be ensuicd by the Importers/their bankers that the infuimaljon prescribed in para 2 of Public Notice No 132-ITC(PN)/71 dated 5th October, 1971 and also in Public Notice No 74-ITC(PN)/74 dated 31st May J974 3end with Public Notice No 103-ITC(PN)/76 dated 12th October, 1976 "is invariably indicated in the column "full particulars of remittances and authority (if any)'' of the challan. The following particulars should invariably be furnished in the Treasury Challans. (a) Ministry of Finance letter of authority No. and date. (b) Amount of Yen Currency in respect of which deposits arc to be made together with rate of conversion adopted (c) Date of payment to the overseas supplier (d) The amount of interest paid and the period for which it has been calculated. 1363 VII(n) Notifying Suppliers o} Special Conditions—The licensee should ipprise the supplier of any special niovn'ons in i
VII (m) Disputes —It should be understood that thf1 Gu.'euimcnt of India will iot undeitake any responsibility i<>i dispute, if any, that may axise between the licensee and the suppJiers The conditions to be luJfillod by the .iippiici befois Davment by the Bank of India, Tokyo must be clearly hpe.lt out bv tni_- Joiportt" Ln Annexure-III under "Terms of Payment" PioviMon dealing with a ^ttlcment, :if disputes be included in the condition of contract VII(iv) Future JrntruciioVi—iho licensee *hd\i pioinptlv comply with any directions, instructions or ordeis issued bv the Government of India mnn nine to time legarding anv and all matters anting irum or pcitainints to the import licence and ior meeting all obligations under the Yen Credit Agt cement i Cum- moditv Aid) No ID-C3 wjth the Japanese authorities VII(v) Breach or Violation —Any breach 01 violation of the cuidition.-, set foith m the above clauses will icsult m appropriate action undei the Imporls and Exporth (Control) Act VII(Vi) List of Anncieures' Annexure I—List of eligible souicv rountiu'G Annexure II—'Detailed pioceduip for piociueinciit Annexure III—^Foim ol fieque.st for i^tue of Lettei of Aulhontv for opeini i the Letter of Credit Annexure IV—Form ol Letter of Authority Annexure V—Form of Letter of Credit nl) Non-OPE.C. I evelopin" fou itrlea I, AFRICA, Worth of Sahaia Egypt Morocco Tunisia II AFRICA, South 0/ Sahara 13^4 THE GAZETTE Of INDIA EXj'KAORiJlNARY PART I- SEC 1 ill. AMERICA, Nonh and L> ui \1 AS [A, South Guatemala Haiti Honduras West Indies (Br ) n i e. Mariao JTnlav^ia Phillippines SinfTnpore Taiwan Thailand Timer Viet-Nam Rep of Viet-Nam Dem Rep (aj Associated Stale (4) (b) Dcpcndfni it^(") VIII, OCEANIA C*ftr 1r Tul rt^rl TJ1' 1•Till i-fllUcl L of H4lllt!c IS 1' i r l U Jl IT (^ JyntrSld ( / Argrntma Bolivia Brazil Chile Surinam Jordan Lebanon Oman Syrian Arab Republic United Arab Amiratcs ("1 Yemen Arab Reouhijc Yemen, Peoplc'= D R ( ') Europe Cyprus Gibrailer Greece Malta Spain Turkey Yugoslavia 1365 (a2) Membler or Asbociate Countries of OPEC Algeria Bolivia Libyan Arab .Republic Gabon i Nigeria Ecuadoi Venezuela Iran Iraq Kuwait Qatar Saudi Arabia Abu Dhabi Indonesia MAIN GUIDELINES FOR PROCUREMENT OF COMMODITIES UNDER THE COMMODITY LOAN AS FORMULATED BY O E.C F I. Advcitism? On all contiactn subject to Formal Open International Tendering, nmrrttion., to bid '-hall be Qdvextised m at lea; t one newspaper of Reneral circulation 1*1 India H Bidding Documents and Contracts II-l Bid Bunds or Guarantees B.d bonds or bjddmg fiuarantees are a usual lequnement, but Ihev should not be set MI high as to discouuge suitable bidders. Bid bunds or guarantees- should be released to unsuccessful bidders a\ soon. as pos.'iblc alter the bid.s have been opened 11-2, C mciitions oj Contract It 1! required that any contiact to be financed, under the Fund's loan t.haU fulfill he lollowmg conditions. (1) Conditions of Commodities.—The subject items of the Contract shall be product d m the eligible souice countries and to bo shipped to an Indian poirt. from the eligible sourse, countries. If the imported portion from non-eligibie souice countries is leag than thirty per cent (30^;,,) of the following formiite, Listed Cummodities will be financed even it the imported portion from non- eligible source countries is included as a part of the Listed Commodities m the items of the1 contract Formula mentioned above Imported. Price + Import Dut^, , ^QQ SuppHeT'jr FOB Price " (2) Conditions of Supplier.—The Supping shall be a national ot the eligible source countries, or a juridical person governed substantially by nationals oi the eligible HIUIT- countries. In case the Supplier shall be a juridical perscwi, the Supplier shall satisfy the following conditions, (U) that a majority of the shares ol the juridical person shall be heH by nationals of the eligible source countries, (D) that a majority of Directors of the juridical person 3hall be nationals of the ehgiblei source countries; and (c) that a juridical person has been registered under the relevant laws and regulations in the eligible source countries. (3) Denomwlation of Currency.—The Contract shall be fixed and payable m Japaneiie Yen without any fraction leas than One Yen (Yl 00) (4) Date of Eligible Contract.—The eligible contract to be financed 1-, the •no which is concluded on or aftei the date of this Loan Agreement (5) Standard Form of Eligible Contract.— (a) The following items t,hall be inserted jn eligible contract to be concluded on and after the date of Loan Agreement No. ID-C3 and to be financed by the Found. O > Name and Nationality of Supplier and Importer (2) Number and Date of the Contract. (3) (4) (5) Name and Origin of Commodities Contract Price and Quantity- Payment teim.s. (G) (7) Delivery and Shipment Schedule Other General Regulations , (b) The contract duly signed by both parties or purchase Older by tho Inri u Importer placed on the overseas supplier supported hv ordci confiimahon MI writing by the overseas supphei, or their photo copies, aj •* ulso acceptable iu the Fund (c) The following statement of eligibility by the suppln I shall be added ui each contract. II-5 Ute of hi and Names Specifications should be balcd on performance capability and should onl_\ prescribe brand namei, catalogue numbers or products n[ specific manufacture if specific spare parts are required or it has heen dctci mined that n dcyiee •- standardization is' necessary to maintain certain essential features In the latter case the specifications should peimit oTeis of alternative coir- modifies which have sjmmr characteristics and provide1 performance a)sd quality at least equal to tho.se specified Bidding documents should require ^omc loim of surety to guarantee J necessary This surety can be provided either bv a hank gumantec or b> a performance bond 11-7 Liquidated Damage Liquidated damage clauses, if necessary should be included in bidding docu- ments when delavs in delivery will result in extia expenditure los^ oi revenue or loss of other benefits to the Importer II-8 F<\rce Mujetup The conditions of the1 Contract included m the bidding documents shouirt contain clauses, when appropriate, stipulating that a tailmc on the paH of the parties to perform their obligations under the Contiac* shall not Le considered a default under the Contract if such failure is the lcsult of an event of fore- majeure (to be defined in the conditions of tht* Contract). II-9 Settlement of Disputes Provisions dealing with the settlement of disputes should be included in the conditions of the Contract It is desirable that the provisions t-houM bp based on "Rules of Conciliation and Arbitration" which have been prepaiod by Ilii? Internationa] Chamber of Commerce or on such other dri'anaement. as may be mutually acceptable to the Indian importer and t he Overseas suppier 1367 TI-10 Language Interpretation Bidding documents should bo prcpait 1 m English If othei language should bo uied m the bidding documents, tnqiish shoulri be addt d to such aocumeut and ^ ^ lequiied to speuly winch 1, governing 111 Bid Opening, Evaluation and Aw aid of Contract HI-] Time Iniciral Bctwem Invitation and Submission o] Bids The time allowed foi preparation ol bids wjll depend to a Inifi extent upuu the magnitude and complexity oi the contiact Geneialb) not less than 3(j da\s should be allowed loi international bidding The time allowed howe ei should be governed by the cncmnstanccs i elating to each contract ITI-2 Bid Opening PwceduiKj The date hour and place hn the latest J eceipt ot bids and foi the bid open- ing should be announced jn the invitations to bid and all bids should be opened publicly at the stipulated time Bills received alter thls time should he* leturned unopened The name oi the bidder and the total amount of each bid and ol any alternative bids, u they luv^ been requested 01 permitted should bo lead aloud and recoided ITI-3 Claiifications oj AUoatwn of Bids No bidder should be permitted to alter his bid after thp bids have been opened Only clarifications not changing the substance of the bid may be accepted The importer may ask any bidder for a clarification of his bid but should not ask any bidder to change the substance 01 the pi ice of his bid HI—1 Piocedwei to be confidential Extcpt as may be lequired bv law no information relating to the examina- tion clarification and evaluation of bids and lecommendahons concerning awuid should be communicated after the public opening of bids to anv rjeisons not officially concerned with these procedures until the award of a contract to the successful bidder is announced IIT-5 r-inrtwtaiion of Bids Following the opening, it should be ascertained whether material errors to computation have been made m the bids whether the bids are fully responsive to the bidding documents, whether the required sureties have been provided whether documents have been properly sirvied and whether the bids atp otherwise s,cneially in order If a bid does not substantially ccnfojrn tn the specifications oi contains inadmissible reservations or is not otherwise substantially resnonsivc to the bidding documents, it should be rei< cted A technical analysis should then be marie to c\aluate each iesponsi\e bid and to enable bids to be compared IIT-6 Postqualiflcatwn of Bidden Tn the absence of prequaliflcations the Importer should deteiminc whether the biddei who^c bid has been evaluated the lowest ftp.* the capability and financial icsources effectively to cany out the Contract concerned If the bidder docs not meet that test, his bid should be reiected Bids evaluation must be consistent with the terms and conditions tet forth in the hidding documents In addition tn th^ bid TDUOP adius^ed to correct snthmetical eriors other iactoit, such as the time of delivery, the efficiency, and compatibility of the equipment or the availability of spare-parts, should be +akcn into consideration To the extent possible these factois should be expressed in monetary terms according to criteria specified m the bidding documents The amount of escalation for price adjustments, if nny included m the bids should not be taken into consideration A detailed lepoit on the evaluation and comnanson of bids setting forth the t,pecific reasons on which the determination of the lowo t e^ nluated bid i = hascd should be pi epared by the Importer III-8 Rejection of Bids Bidding documents usually provide that Importers may reiect all bids However, all bidi should not be iejected and new bids invited on the same 1368 THE GAZETTE OF INDIA EXTRAORDINARY PART I—SEC. 1 1369 ft) Payment tJims *v d T T1. u e dates on which payment, undo* th2 contract will fall due. (m) Expected date of completion of deliveries. (n) Documents 1o bi 'j-c^.itKi at the time of payment to Bank of India AN*:EXUPE IV GOVERNMENT OF INOTA MINISTRY OF FINANCE (Department of Economic Affairs) receipt of documents from the Bank of India. Tokyo Branch. The rupee equivalent of amount so disbursed to thf suppliers will have to be calculated by applying the composite rate of conversion as prevailing on the date of ptl, jij-rt t > r i-TseUK suppliers in accordance with the Public Notice No 8-ITC(PN; 7G, dat.-vi ' Ti.li January. 147b or such othei Public Notices as may he issued Irom time to lime Interest '>< H pet1 ce-nt per annum fo^ the first thirty ddys and >t the i6.' ni '" pi-i 11 "it lei jimnm lor the penoii excess thereof reckoned for the period between the d ite of payment to the sup^ller/dnte oil reimbursements to Bank of. Indu und the d ite nn which t lv ruoce equivalents are deposited into the GuvcinmiAit account i = nlso renmred t
Date . . The Letter of Credit has- been issued pursuant to Loan Agreement N o— • dated —" b e t w e en ( B o r r o w e r) and
i37r drafts at sight for full invoice value drawn on us, to be accompanied by the follow- ing documents Signed commercial invoice in Full set of clean on board ocean bill;, ol lading made out to order and blank " anH endorsed and marked "Freight "Notify Other documents. ) (if any) from evidencing shipment of (brief description of good., to be shipped referring to Cntract No. to Partial shipment are permitted Transhipment is permitted. Bills of Lading must be dated not later than Drafts must be presented for negotiation not later than All drafts and documents under this credit must be marked "Drawn under Irrevocable credit No. dated and Import Heference No (a) (if any)". This credit is not transferable We hereby undertake that all drafts drawn under and in compliance with the terms of the credit shall be duly honoured on due presentation and delivery of documents to the drawee. Unless otherwise expressly stated, this credit Is subject to "Uniform Customs and Practice for Documentary Credits (1974 Revision), International Chamber of Commerce Publication No. 290". Special I-mtructions to the negotiatina bank- 1. After obtaining the reimbursement for our payments from THE OVER- SEAS ECONOMIC COOPERATION FUND In accordance with the pro- visions of Letter of Commitment issued thereby under the above-men- tioned Loan Agreement, we undertake to remit the amount of theJ drafts in accordance with instructions issued by the negotiating bank. 2. The negotiating bulk must forward the drafts and one Complete set of documents to us together with the certificate stating that the remaining documents have been airmailed direct to . 3. All banking charges under this credit are for account of (the importer) under the said Loan Agreement, Yourg faithfully, (a commercial bank) By: (Authorized Signature) K V. SHESHADRI, Chief Controller of Imports and Exports. 1373 1375 1377 1379 138E 1383 3i3 M THE GAZETTE OF INDIA EXTRAORDINABY PAST I—SEC. 1 1385 1387 1389 3 91 1393 I 9 1397 1398 THE GAZETTE OF INDIA EXTRAORDINAKY PABT I—SEC 1 T399' 1403 1405 1407 U09 I4H 1413 1415 1417 1418/1W Ds&i of ;pejrm"rt io i he avamws amgflfcr.
44> Xhm amoup* of -tat*** m\4 and **>* vwtod 4nr which ft hw U fo
onlctilattd.
(e) Total amount deposited,
Thwmftn-t 4h" t r m u Hr Chilians "ri4tnd"a itftft tuptte tapofth should be
w ot by R"t*iter"! -poit to GiAftA tadlcatittK Mfarano* to the latter of authorisation
iMUMt by him "M *too MMtattne mpie* of towtae ^BA "hipptaf dosumenti.
*W0W.—irnjwrW* Basks ,ta ImUft *"uM "WWe that the tqpe* depose
"ra-tnvachi|^mjW)c wj^in 10 dM" OJ . ^ " J M " 4W <" * S L i ^^ vtStKT
b lMpt intonned of th" f"ct tmm"dtat"ri thereafter.
ANNKUHE I
[fief. Section I—Para I ( v )]
LIST W B^WIBLE SOURCE CQUt"2UB6
A. Developing Countries and TerritoriM
(ai) Non O.P.E.C. Devrfoptaj Cwntrtet
I. AFRICA, North of Sahara
Chad
Comoro Island*
Congo, People B Republfo of
jfMtopUIr i.1)
Sawktorlal Guinea l\)
n. AFRICA, Sooth Of Sahara
HI. AMERICA, North and Central
*347
| Western Samoa
Cock Islands Wallls and Futuna
Fiji
Gilbert & Ellice Is. IX. EUROPE
French Polynesia (8) Cyprus
Nauru Gibraltar j
New Caledonia Greece
New Hebncea (Br. and Fr.) Malta
Hieu Spain
Pacific Islands (US) (9) Turkey
Papua New Guinea Yugoslavia
ANNBXUBE II
[Ref. Section IV]
tl-2. Conditions of Contracts
ja^g THE GAZETTE OF INDIA X^mMMOJSAEtt PART 1— . I
1349
III-l. Time Internal between Invitation and Submission of Bids
3 g M d #U t* "wl" tp.evahiatfl "ch reaponalve Wfrfmd, iff #}tffa*$i
JII-Q, Portquattfcatfoa of Bidden
th. b4*&r £ £ £. *" AM *"" ff*tt*t$ ,"* jqftqpf tJW tr^cJpp^UJty and
I35O TILE GAZETTE OF INDIA EXTRAORDINARY PART I—SEC. L
ANNEXURE III
[Ref, Section V—Para VCD1
ANNEXURE IV
[Kef. Section V—Para V(ii)]
GUARANTEE BOND
(Nftme and Designation)
New Delhi, the
APPENDIX I
TO ANNEXURE V
LETTER OF AUTHORITY NO
New Delhi, the
SUBJECT—Import under Yen Credit (Commodxtv Aid) Loan Agreement No W-
C3-Issue of Letter of Authontv for confirmation of Letter of Credit.
ANNEXURL VI
[Rcf Section VI—Para VI(n)l
IRREVOCABLE LETTER OF CREDIT
APPLNDIX II
I36*
ANNEX VRK I
[Ref Section I—Para U\)~\
LIST OF ELIGIBLE SOURCE COUNTRIES
A, Developing; Countries and Territories
ANNEXUKE IT
[Kef. Section IVJ
II-6 Guaianteps and Peiformanee Bonds
III-7 Evaluation and Comparison of Bids
ANNEXRE V
1401
1402 THE GAZETTE OF INDIA EXTRAORDINARY PART I—SEC 1
Central Government (b) The xupee equivalents of Yen Davments on account of banking and interpst charges etc made by Embassy of IndiR, Tokyo will also be calculated m Hie nViov- manner nnd deposited in favour of the Principal Accounts Officer, in the Ministry of External Affairs, New Delhi, for which purpose, CAA&A \v Tl he issuing suitable advices Section VII—Miscellaneous provisions VII(i) Reports on the vtilnatwn i>1 ih'' irnniit hrpncp-—The importer ch^'ild ↩