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REGISTERED No. D. (D.N.)-72

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 147] NEW DELHI, TUESDAY, AUGUST 30, 1983/BHADRA 8, 1905

Separate paging is given to this Part in order that it may be filed as a separate

compilation

667 GI/83

(1)

•1.

MINISTRY OF COMMERCE

IMPORT TRADE CONTROL

PUBLIC NOTICE NO. 36-ITC(PN)|83

New Delhi, the 30th August, 1£83 •

Sub:—Licensing condition^jaf Indo-French Gene- ral Protocol 1981-82 (FrencF Credit 1981-82)

F. No. IFC123(8)|83.—The terns and condi- tions regarding Keensing conditions of Lido- French General Protocol 1981-82 as gjven in the Appendix to this Public Notice, are notified for information.

P. C. JAIN, Chief Controller Imports & Exports

667 GI/83—2

APPENDIX TO MINISTRY OF COMMERCE PUBLIC NOTICE NO 36—ITC(PN)]83 DATED 30TH AUGUST, 1983.

I. Import Licence

This import licence will be issued on CIF basis, with initial validity period of four months for contractng and twelve months for complet- ing shipments. However, in the case of capital goods imports, the initial validity of the licence for competing shipments will be twenty four months from the date of issue.

2. The rupee value of the import licence shall be determined with reference to the exchange rate notified by the Department of Revenue (Customs) and prevailing on the date of Issue of the import licence and indicated in the body of the import licence(s) as per para 2 of the Public Notice No. 78-ITC(PN)|74 dated the 6th June, 1974, issued by the CCI&E, which also enjoins that the Cus- toms Authorities and the authorised dealers in foreign exchange will make debits to the value of the licence(s) at the exchange rate specified on the import licence (s).

3. Each import licence will bear a supersrip- tion, "French Credit!—Project Portion" or "French Credit Non-Project Portion" as the case may be. The two suffixes, in the licence code classification number will be—for project—"S|FE" and for non-project "S|FN".

4. Within a fortnight of the receipt of the im- port licence, the importer should intimate to the Department of Economic Affairs (EEC.I Section) the fact of receipt of the import licence indicat- ing the number, date and value of the import licence and likely date by which the contract do- cument would be furnished.

5. The condition regarding contracting will not be deemed to have been complied with unless complete contract documents, as provided in para 25 below, are furnished within the stipulated period of four months.

6. Where this stipulation is not complied with within four months, the import licence will be deemed to have become invalid. The import licence may, hqweyer, be revalidated on an application by the party, alongwitfi the licence in original, to the licensing authority giving reasons for not com- plying with the requirements in time.

7. Such request for revalidation would be con- sidered on merit 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 thedate of issue of the import licence, such proposals will inveriab- ly be referred by the licensing authorities to the Department of Economic Affairs (EEC.I Sec- tion), Ministry of Finance, North Block, New, Delhi.

n. CONTRACTING

8. Against an import licence issue under the French Credit only one contract on the basis of firm price has to be entered into with the French Supplier.

9. However, more than one contract under one import licence may be entered into subject to the permission specifically obtained from the Depart- ment of Economic Affairs, giving reasons for do- ing so, before placing orders.

10. Once a contract has been notified, in ac- cordance with the procedure laid down in Section V below, no amendments to the contract, by way of additions thereto exceeding 10 per cent of the value of the main contract will be entertained.

If, in any case, the India importer apprehends that there witl be need to enter into amendments to the main contract resulting in the enhancement of its value by more than 10 per cent, he should immediately inform the CCI&E and EEC.I Sec- tion of the Department of Economic Affairs, Ministry of Finance of the full facts of the case and seek their guidance.

11. A contract will normally comprise an Ag- reement signed by both the parties viz the Indian importer and French Supplier or it may comprise the order placed by the Indian importer and the letter of acceptance thereof in unequivocal terms by the French Supplier.

12. A contract comprising a series of corres- pondence between the two parties, frequently am- ending |revising various provisions will not be ac- cepted. In such cases, it shall be necessary to pre- pare a final document including therein the terms agreed to by the parties and signed a such—Or- ders on Indian Agents of overseas supplier and| or under confirmation by such Indian Agents are not acceptable.

TIT. TERMS OF CONTRACT

13. The contract should be placed on C.I.F. oasis. If insurance is paid to an Indian Insurance Company in Indian rupees, the contract can be placed on C&F basis, which is in any case compul- sory for contracts signed by a government agency or a public sector undertaking. The contract should clearly indicate FOB price, freight and insurance charges separatey in the case of CIF contracts and the FOB price and freight charges in the case of C&F contracts.

If any importer desires to enter into a contract on F.O.B. basis, he" should seek prior permission of the Department of Economic Affairs (EEC.I Section), Ministry of Finance, New Delhi giving reasons for doing so.

14. If any commission is to be paid to the Indian agent of the French suppliers, it will be shown separately from the value of the contract in French Francs. The Indian agent's commission will be paid in rupees but will be cjiarged to the value of the import licence.

15. The rupee value of the contract will be de- termined in accordance with the rate of exchange applicable to the import licence vide para 2 above. [

Value Limits of Contracts :

16. The value of each contract should not fall below the amount indicated against each category as under:—

F.F.

(i) Large (heavy) Industrial Pro- jects and Projects for heavy equipment (Project Line). 5,000,000

(ii) Fertilizers (Non-project) 7,00,000

(iii) Other goods (Non-project

Line)

80,000

Origin of Goods :

17. The goods should be of French origin. A stipulation as to the origin of goods should be incorporated in the contract. Wherever a part of the goods is permitted to be of non-French origin, a letter evidencing approval of the French autho- rities to the third country imports should accom- pany the contract.

Port of Shipment :

18. Goods, if necessary, can be shipped from

non-French ports.

Payment Terms :

19. The French Credit does not provide for de- ferred payments. Full payment will therefore be made to the French supplier against shipments | completion of erectionlcommissioning of the plant as indicated in the following paragraps.

20. Advance payments.—An advance payment of at least a 5 per cent of the FOB price of the supplies to be paid at the time of the contract coming into effect, must be provided. Other terms settled between the buyers and the sellers, in ac- cordance with the normal international commer- cial practice for the particular type of goods con- cerned could also be provided.

21. However, where an amount higher than 5 per cent is to be provided for payment as an ad- vance, prior approval of the Department of Eco- nomic Affairs should be obtained with full justi- fication, before any commitments are made.

22. Other Payments, : (a) Industrial Projects ; Apart from the amount of down payment, it is permissible to pay the balance amount at the time of last shipment of equipment under the contract, or at the time of completion of erection, or on commissioning of the plant.

Where the nature of supplies [services covered by the contract requires a performance guarantee, necessitating a provision to the effect that the last instalment of 10 per cent shall not fall due prior to the end of an adequate period after completion of the deliveries of goods or of the project, tlje im- porter should alternatively agree to the provision for making hundred per cent payment at the time of last shipmet subject to the condition that a performance guarantee of an approved bank is furnished by the French supplier to the Indian importer; such a guarantee should be discharged at the end of an adequate period after the delivery of the last shipment as agreed mutually, between the Indian importer and French Supjrfier.

However, depending on the type of project, the payment for contract for industrial projects may also be provided for, as for the commodities, refer- red to in sub-paragraph (b) below.

(b) Commodities : In the contract for commo- dities (light equipment, spares, components, che- micals, fertilizers, other raw materials etc.) the amount left after down payments will be payable pro-rata according to the value of the goods cov- ered by each shipment, on the basis of the ship- ping schedule :

Other Conditions:

23. To make a contract eligible for financing under the French Credit it should suitably incor- porate the following provisions, apart from those indicated above as also any other condition con- sidered necesary by the contracting parties:

(i) The two contracting parties agree that the contract is subject to the approval of the Indian and the French authorities for financing under the French Credit in terms of the Indo-French Financial Protocol and the licensing conditions issued there under by the Government of India.

(ii) The French supplier agrees that he will be paid in French Francs on presenta- tion of documents to one of the domiciliary banks listed in Annexure V to these licenceing conditions. The pay- ments will be made by the domiciliary bank, on the basis of a "Letter of Irre- vocable Instructions" issued by the Con- troller of Aid Accounts & Audit,

V. NOTIFICATION OF CONTRACT Ministry of Finance, after approval of the contract by the Indian and French Authorities.

(iii) The importer and the French Supplier agree to furnish such information and documents as may be required under the Government of India and France.

26. The contract will Tbe notified by the Depart- ment of Economic Affairs, to the Counsellor for Economic Affairs, Embassy of France. New Delhi, provided the contract is complete, the documents, including the bank guarantee, etc., are in order, the import licence is valid for contracting and is considered eligible for financing under the French Credit.

27. The contract will be deemed to have become effective 20 days after its notification as above by the Department of Economic Affairs, provided no objection is raised by the Embassy of France within that period.

VI. METHODS OF PAYMENTS (iv) Industrial Projects: The Indian importer, the French supplier, and the suppliers co-assignees, if any, agree that all sums which might fall due for any reason whatsoever by the supplier to the impor- ter, will be assigned to the "Domiciliary Bank" suppliers will make direct pay- ntent to the domiciliary bank of all am- ounts which might be due to the impor- ter from the supplier and their codeb- tors, if any, for the purpose of such assignment, letters of "delegation" as may be prescribed are to be exchanged "C_the request of Ministry of Finance | French Authorities.

Customary Guarantee

28. Payments are made to the supplier from the French treasury loan and the banks credit, on pre- sentation of documents listed in Annexure. HI to the domiciliary bank, specified in the contract or when the same is not specified in the contract to the Banque Francaise Due Commerce Exterieur, Paris, on the basis of a "Letter of Instruction" to be issued by the Controller of Aid Accounts & Audit, Deperatment of Economic Affairs, Ministry of Finance, UCO Bank Building, Parliament Street, New Delhi on effectuation of the contract.

24. The importer may arrange and provide foi in the agreement customary guarantee (s) which may be necessary for safeguarding his interest.

IV. SUBMISSION OF CONTRACT DOCU- • MENTS

29. No remittance from India are permissible under the import licence under the French Credit, except in terms of condition 31 below.

25. Within 20 days of the conclusion of the contract, the importer should send a letter axxom- pained by the following documents to the Ministry of Finance, Department of Economic Affairs, (EEC.I Section), North Block, New Delhi:—

30. After payments have been effected in accor- dance with the letter of ins'ructions referred to above, the paid documents viz commercial invoice for the advance and progress payments, Bank guarantees, if any, the original set of negotiable documents etc., along with the "details of bank charges (1 [8th of one per cent documentation charge, plus tax 17.6% thereon) and expenses on postage etc., will be sent by the domiciliary bank to :—

(i) Ten certified copies of the contract and of any further amendment (s) duly executed in English language with dated signatures thereon by both the Indian importer and the French supplier.

(i) the importer's bank in India, which has provided the bank guarantee in the case of importers in the private sector; or (ii) Two photo copies of import licence valid for contracting on the date of execution of the eontractjacceptance by French supplier of the order placed on him by the importer*

(ii) to the nominated branch of the State Bank of India, or of any of the fourteen nationalised banks as indicated in the Letter of Instruction in the case of public sector undertakings. State Governments including State Electricity Boards; and Departments of the Central Government.

(iii) A bank guarantee (as in Annexure. I) obtained from a schedule bank author- ised by the Reserve Bank of India to deal in foreign exchange. This bank guarantee is not to be furnished by the Government departments and public undertakings.

31. Within a week of receiving the intimation about bank charges, from the docmillary bank the Indian bank will remit the amount of banking charges and postage including cable charges ; directly to the French Bank concerned without (iv) A request (in triplicate) for issue of Letter of Authority in the form prescribed in Annexure. II. The contract will be pro- cessed further only after the documents listed in i to iv above have been furnished by the importer.

affecting the Government of India's account.

32. For this purpose, necessary rupees will be collected by the Indian bank from the Indian im- porter, in addition to the aniouni required under their guarantee.

33. In respect of imports by Central Govern- ment departments also, the remittances of banking charges and postage including cable charges will be arranged direct by the bankers of the Central Government Departments to whom the documents are sent.

VII. EFFECTING RUPEE DEPOSITS

34. Within ten days, at the maximum of receipt of the documents mentioned in condition 30 supra, the bank which has issued the guarantee, or the nominated branch of the State Bank of India or the nationalised banks will arrange the deposit of rupee equivalent of the payments made to the foreign suppliers as indicated in the invoice together with commission and incidental charges (& 1% ad valorem, on the payments made to the suppliers. In addition, interest on the above (i.e. rupee equivalent plus 1% Ad valorem) at 9 per cent per annum for first thirty days and at 15% per annum for the peiod in excess thereof in terms of Public Notice No. 46-ITC(PN)]76 dated 16-6-1976 for the actual period between the date of payment to the foreign suppliers and the date of deposit of ru'pee equivalents etc., or any other amounts, as may be required by the Government of India shall also be paid into the government account. The provision regarding payment of interest will not apply to Central Government Departments.

The rupee equivalent will be calculated at the composite rate arrived at on the bas?s of rhe formula given in Public Notice No. 15-JTC(PN) |72 dated 28-1-72 as amended by the Public Notice No. 108JTC(PN))72 dated 21-7-72, Public Notice No. 8-IlC(PN)|76 dated 17-1-76 or as may be notified by Government from time to time through Public Notices of the Chief Con- troller of Imports and. Exports.

35. It will be the responsibility of the con- cerned bank in India which has given the gurantee or the nominated branch of the State Bank of India or the nationalised bank, as the case may be, to ensure that the amounts due are correctly deposited into Government account before the original documents (referred to in para 30 supra) received from the domiciliary bank, are handed over to the importer. The importer should also ensure that the amounts clue are correctly deposited into government account, before taking delivery of the documents from then¹ bankers.

36. Deposits may be made in cash either at the x Reserve Bank of India, New Delhi, or the State Hank of India, Tis Hazari Branch. DeJln-6 or remitted by means of a demand draft from the local branch of the State Bank of India, or its subsidiaries, drawn on imd made payble to the State Bank of India, Tis Hazari Branch Delhi-6 (drawee and payee) for credit to the Central Government Account. 1 he deposit should be made in the challan lorm prescribed in Public Notice No. 74-1TC (PN) | 74 dated 31-5-74. The demand draft should be sent direct to the State Bank of India, Tis Hazari Branch, Delhi-6 with treasury chaUan, (duly rilled in and signed by remitter) in quadruplicate. The Head of Account to be credited is "K-Deposits & Advances (b) Deposits not bearing interest 843 Civil DepositSt tor purchases from abroad uuder FF 550 million French General Credit, 1981-82"

37. One copy of the treasury challan and form, evidencing the rupee deposits duly receipted by the Reserve Bank of India, or the State Bank of India, fis Hazari Branch Delhi-6, as well as the intimation regarding the furnishing of demand draft to State Bank of India, Tis Hazari Brach, Delhij6 should be sent by registered post by the Bank concerned to the Cotroller of Aid Accounts & Audit indicating refe- rence to the letter of instruction issued by him. In accordance with Note 1 under the format of the treasury challen prescribed in Public Notice No. 74- ITC (PN) |74 dated 31-5-74 the date of posting the demand draft will be deemed to be the date of deposit of rupee equivalent in the Government Account. To ensure recovery of interest from importers for the correct period, it is essential that the date of posting of the demand draft is invariably intimated to CAA&A in each case.

38. It will be obligatory for the importer to make the requisite rupee deposits through Authorised dealers only. The Indian bank will also endorse the amout of rupee deposits on the exchange control copy of the import licence as required in Public Notice No. 184-1TC (PN)j 6E dated 30-8-68 and send the requisite 'S' form to the Reserve Bank of India, Bombay.

Review of rupee deposits made by the importer.

39. As soon as the shipments are completed or final payment is made to the supplier, but not later than one month after the last shipment is cleared or last payment to supplier is made a statement in the form given in the Annexure-IV will be rendered by the importer's bank to the Controller of Aid Acconts & Audit, Ministry of Finance, Department of Econo- mic Affairs, UCO Bank Building, Parliament Street New Delhi under a registered cover, under advice to the importer. It will be obligatory on the part of the importer to ensure that Annexure-IV is correctly prepared by the Bank concerned and is rendered to the Controller of Aid Accounts & Audit within one month of the completion of shipments authorised in the relevant Letter of Instructions. Statement in Annexure IV is necessary for closing the importers account and for releasing the Bank guarantee wherever.

Any short deposits coming to notice of importers' banks or pointed out by the CAA&A will be immediately made good and a copy of the relevant receipted treasury challan forwarded to CAA&A for closing the imporers' account.

VIII. MISCELLANEOUS

40. The Government of India will not undertake any responsibility for disputes, if any, which may arise, between the Indian importer and the French suppliers or between the Indian importer and the Indian bank concerned.

41. The Indian importer shall promptly comply with any directions, instructions or orders issued by Government from time to time regarding any and all matters arising from or pertaining to the import licence and for meeting all obligations under he credit agreement with the French Government and French banks.

42. Any breach of violation^ any of the condi- tion prescribed herein wflTresult in appropriate action under the Import and Exports (Control) Act 1947 and orders issued thereunder.

ANNEXURF.—I

[Para 25 (iii)]

BANK GUARANTEE BOND

To

The President of India,

In consideration of the President of India (hereinafter called

the Government) having agreed to urrange for payment in French Francs for the import of

by

(hereinafter called the

;

importer) under the terms und conditions of the French Credit and in 'pursuance of Import Licence No

f o r Rs

issued'."on

r in favour ol the imp: rtcr against the above

mentioned credit, we

Banket the request of the importer hereby undertake to arrange to deposit the amount of the disbursements made by the domi- ciliary French Bank within ten days of the receipt of the advice of payment Indian rupee equivalent of FF converted at the composite rale cf exchange <}f FF arrived at on the basis of the formula given in Public Notice issued by tho Ministry of Foreign Trade, New Delhi, No 15—ITC(PN)/ 72 dated 28-1-72 as amended by Public No I ice No. 108-1TC (PN)/72 dated 21-7-72 or as notified from time to time in public notices of the Government of India or A.D. Circulars of the Rosorve Bank of India alongwith commission and other chirgesat 1 % ad valorem converted at tho above rate for credit to the Government account in the manner and against lhc app- ropriate Heads of Account as indicated by the Government of India under the said credit, together wi th interest thereon r.t the rate of ^% per annum for the first thirty days and at 15% per annum for the period in excess thereof reckoned from the dale of payment lo the French Supplier to the df.te cf deposit cf rupee equivalent for credit i nto the Government accoui t. We shall arrange the deposit in cash to the credit of the Government In the Reserve Bank of India, New .Delhi/Stale Bank of Ir.dif, Tis Hazari Branch Delhi-6, or where this mr.y not be feasible, by means of a Demand Draft drawn on and made payable to tho State Bank of India, Tiz Hazari Branch, Delhi-6 (for credit to Central Government Account). The demand draft shall be sent direct to State Bank of India, Tis Hazari Branch, T elhi-6 alongwith Treasury Challan(duly filled inandsigned by remitter) in quadruplicate

2. We, the

Bank,also undertakethatthenegotiablesctofimportdi c\ meris and/or other documents pertaining to the payments io tl e sup- plier will be released to the importer only after the rupee depo- sits contemplated above have been made.

3. We, the

Bank, also undertake to indemnify and keep indemnified the Government against any default in payment by ihe importer of any sum that may be due and payable from time to time by the importer to the Government at such place and in such manner as the Government may direct, such sums not exceeding Rs

or any part thereof, for the time being due and payable by the importer together with commission and other charges @1 % ad valorem and interest thereon at the rate of 9% per annum for the first thirty days and at 15 % per annum for the period excess thereof reckoned from the date of payment to the French supplier. The decision of the Government as to any default in the said payment by the importer, or on his part and in regard to the amount payable tc the Government by us

Bink, shall be final and binding on the Bank .

4. We

Bank,aluo undertakotc remit the banking postal and cablcclwrgcs payable to the French Bank concerned without effectii g he Government of India's account.

5. We

Bank further agree that in case of increase in the value of imports or increare in the value of unfulfilled deliveries urdtr the contract as a result of change in compi site rate of exchange or otherwise the amount of this guarantee bond will be adjusted tp this change.

6. We

Bank, further agree that the guarantee herein contained ihall remain in full force and effect during the period tl at would be taken for the performance of tho said agreement/contract ro- garding delivery of the equipment and that it shall continue to bo enforeccd till all the duos, to tho Government under, or by virtue of this guarantee have been fully paid and its claims satisuod or discharged.

7. The Guarantee herein contained shall not be :Jtec tet' ^y

any change in the constitution of the impurtcr oi the

Hank and the

ANNEX I.M.E—Tl

(in Triplicate)

[par?. 25 (ivil

Request for Ksue of totter of Instruction

No

D.ito

To

G werument shall have the fullest liberty without affecting the guarantee to postpone for any time and from time to time any of the powers exercisable by it against the import ei" and either to enforce payment by the importer of any of the amount the payment whereof is intended to be hereby secured and the .. Bank, shall not be released from its liability under this guarantee by any exercise of Ihe Government of the liberty with reference to the matters aforesaid or by reason of time being given, to the importer or a ny o' her f jrebciirancc. act or omission on the part of the Govern- ment of any indulgence by the Government to the importer or by any other matter or thirg whatsoever under the law relating to sureties shall, but for this provision, have the effect of so releasing the

The Secretary, Ministry of Financc> Deptt of Economic Affairs, EE C.I Sectio n, North Block, New Delhi.

Bank frflm its such liability.

Sub : Import under the French Credit, 1981-82

8. We

Sir.

Tn connection with the import of

Bank, lastly undertake not to rovoke this guarantee during its currency except with previous consent of the government in writing.

(sh irt description

of the goods or services)

from I-rance under the abovo credit we furnish the following particulars and hereby apoly for the issue of a Letter of Ins- (C&F/CIF) truction for FF

(a) Name and Address of importer.

9. Oar liibili'y under this guarantee is normally restricted to Rs (plus interest charges not expected to exceed one per cent of the guaranteed amou nt) and this guar- antee shall remain in force nllthc day* of

(month), 19

(b) Import Licence:

(i) Number

(ii) Date

(iii) Amount

(c) Nameand Address of the 1 rench Suppliers:

10. Uihss claiim under this guarantee are made in writing within 1 1/2 years of the above said date and unless a suit or action to enforce these claims is commenced within another 1 1/2 years thereafter, i.e. upto i .all rights of the Government of India under this guarantee shall be fore- foiled and we shall be relioved and discharged from all liability thereunder.

(d) Date of the Contract:

Dated day of

OR

for

Date of Suppliers final letter of acceptance of the order

Accepted fur and on behalf of the President of India

by Sliri

(e) Percentage of goods of non-French origin if any (now-manufactured in France).

(Nimo & Designation)

(f) Value of the contract in

French Francs

Signature

FOB Price

Less—Indian Agent's

Commission if any.

*This date shall be arrived at by adding one month to the date by which all payments to the Suppliers are expected to be finalised.

Net FOB Price

PlusFreight

Note : 1 .The value ofthe Bank guarantee, vide parr.s 3 and 9 above should be worked out by addi g 1 % to the value of the contract at the customs exchange rate prevailing on the date of issue of import licence.

C&F Price

Plus—Insurance, if payable

in French Francs

2. The value of the Stamped paper on which guarantee is to be executed is to be adjudicated by (he Collec- tor of Stamps in accordance with section 3J of the Stamps Act, 1H99.

Total Price to be financed under the credit, for which Letter of Instructions is applied for

(FOB/C&F/CTF)

Cg) (0 Dates of shipment or dates on which ser- vices will bo perfor- med.

(ii) Value of each ship- ment or service per- formed, as stipulated in the contract.

(h) Name of the French do- miciliary Bank through whom the supplier is to bo paid (one of the 11 French Banks listed in Annexure IV).

(i) The dates on which pay- ments under the contract will fall:

Ci) in respect of advance

payment (at least 5 of FOB value),

(ii) Other payments.

2. Ten certified copies of the contract (or each of the order and the letter of acceptance) and of tho amendment (if any), and to photostat copies of tho import licence are enclosed. Applicable to importers in private sector.

•3. A bank guarnaloe established by

name and

address of the Indian Bank, authorised to deal in foreign ex-" change and which has been duly adjudicated by the Collector of Stamps, in accordance with Section 31 of the Stamp Acl, 1899 is also enclosed.

Applicable to the Public Sector Undertaking State and Central State Government

•3. The import documents may bo sent to the

(complete name and postal address of the branch of State Bank of India or of subsidiaries of any of the nationalised banks). 3(a) Name and address of the Bank in India to whom the impo rt documents are to be forwarded by domiciliary French Bank.

Note: In respect of tho Public Sector (including Govt. Deptls.) this bink should be cry; of the braichas of the Stat; Bauk of India orits subsidiaiies or of the nationalised banks,

(b) (for private sector only)

Details of guarantee furnished by tho Bank mentioned at 3(a) above: (i) Date (ii) Value in Rs, (iii) Valid upto:

4. It is hereby agreed that, for each payment made to the French supplier rupee deposit as contemplated in the Licencing conditions, will be made to tho Government account, through the Bank mentioned in 3 above. It is also agreed that tho im- port documents (invoices for advance payment to suppliers, original (negotiable) shipping documents, Bank/pcrformanco guarantees furnished by suppliers etc)., will be released to us by ihe above said bankers only after the dues mentiored nhov are deposited into Government account. We also agree (o A mil the domiciliiry French Bank's charges (Commission postal charges, cable charges etc.), to Hint Bank, through ilie bunk mentioned at 3 above.

"Delete whichever is not applicable.

5. You are requested to get the contract approved for financ- ing under the French Credit and issue necessary aulhojisatiLii to the French authoriteis to arrange foi payments to the suppliers or their bankers.

Yours faithfully, Licensee

ANNEXURF—HI

(Para 28)

ILLUSTRATIVE LIST OF DOCUMENTS

1. Commercial invoice for the value of equipment shipped

and for details of any down payments, as the case may be.

2. Complete set of clean-ou-board ocean or charter party bills of lading or airway bills, as the case may be, with packing lists where applicable; certificate, if any proscribed in (he con- tract.

3. Written attestation from the suppliers alonuwith neces- sary customs documents, certifying that the French suppliers have complied with the percentage of Non-French expenses authorised by the French Government.

4, Any other documents.

ANNEXURE- TV

(Para 29)

Statement/application to be submitted written/1 month after the completion of shipments or completion of payments made to the suppliers in respect of imports financing under French Credit:

1. Name of the importer

2. Import Receive No.

3. Bank guarantee

(i) No.

(ii) Date

(iii) Amount Rs.

(In respect of Private sector importer only)

4. Ministry of Finance, Letter of Instruction No. & Date.

5. Value of Letter of Instruc-

tion FF.

6. Total of the payment made

to supplier:

7. Unutilised value of the Letter of Instruction, i.e. 6-7, which amount is iiere- by certified to be lapsed:

8. Amount claimed by the domiciliary French Bank i.e. bank charges, postal and cable charges etc., which have been remitted to that bank direct: (i) Date of remittance;

(ii) Amount remitted:

2. Banque National De Paris,

16, Bid dos Italiens,

75009.

9. Details of payment made lo (he supplierand correspon- ding rupee deposits

3. Societe Generale

Payment to supplier Corresponding rupee deposit

29, Bid Haussmann, 75009 Paris.

Date Amount in FF Treasure chullan of SBI/RBl

Date Amounl Rs.

4. Credit Lyounais,

19, Bid des Itaherw, 75002 Paris.

(i)

5. Credit Jndustriel at Commercial

(ii)

(i"i)

66, rue do la Victorie, 75009 Paris.

Total

6. Banque De L'union Europecnui

Further additional deposits relating (o short credits.

4/6 rue Gaillon, 75002 Paris.

7. Credit Commercial De Fiance, 103 ave des champs Ely sees, 75008 Paris.

We certify that the information forwarded above to be

H. Banque Indosucx,

44, rue de Courccllcs, 75008 Paris.

correct as per our records. We also hereby request for clause of the case relating to this Letter of Instruction. The bank guarantee rcfcried to above may kindly be cancelled and lerurn- ed to us.

9. Ban quo Louis Dreyliis,

Authorised signature

6 rue Rabelais, 75008 Paris.

ANNEXURE V

10. Banque Paribas,

List of domiciliary banks

3 rue d' Antin, 75002 Paris.

I. Banque Franca iseDu Commerce Exicrieur,

11. Credit Du Nord,

21, Bid Haussmann, 73009 Pairs.

57/59 bid Haussmann, 75008 Paris.

667GI/RV-1

PRINTED BY THE MAI-MGER, GOVT. OF INDIA PRESS, HINO ROAD, NE>V r>ELHI-1 1 0 0 t4

AND PUBLISHED BY THt CONTROLLER OF PUBLICATIONS, DELH1-110034, 1983