Exim Bank’s Line of Credit to Banco Bradesco S.A.

 

AP (DIR Series) (2002-2003) Circular No. 7, dated 29-7-2002

Exim Bank’s Line of Credit of US $ 10 Million to Banco Bradesco S.A., Brazil

Export Import Bank of India (Exim Bank) has concluded an agreement with the Banco Bradesco S.A., Brazil on December 14, 2001, making available to the latter, a line of credit upto an aggregate sum of US $ 10 million (U.S. Dollar Ten Million only). The credit has become effective from May 13, 2002, and is available for financing Indian export of eligible goods (listed in the Annexure) and related services to buyers in the borrower’s country i.e. Brazil. The eligible goods will also include initial spares, drawings and designs together with services related thereto. The export of goods from India and their import into the borrower’s country shall be subject to the laws and regulations in force in both the countries.

 

2.         The broad terms and conditions of the credit are as under :

    a.         Every contract under the credit will require prior approval of Exim Bank.

b.         The credit shall be available for financing an amount upto 90 per cent of the f.o.b. (free on board) or c. & f. (cost and freight) contract price of the eligible contract.

c.         The contract price shall be specified in U.S. Dollar and shall not be less than U.S. Dollar 50,000 (U.S. Dollar Fifty Thousand only) or such amount as may, from time to time, be agreed upon between Exim Bank and the borrower.

    d.         The contract signed under the credit should also provide for the following :—

(i)         The buyer shall make an advance payment of 10 per cent of the contract value to the seller no later than the date of issuance of the relative letter of credit.

(ii)        The buyer shall make payment to the seller of the balance 90 per cent of f.o.b./c. & f. contract price, pro rata against shipments, to be covered under an irrevocable letter of credit in favour of the seller.

(iii)       The eligible goods shall be inspected before shipment on behalf of the buyer and the documents to be furnished by the seller to the negotiating bank under the letter of credit arrangement shall include an inspection certificate.

 

3.         The letter of credit shall be advised through such offices of the negotiating bank in India as may be designated from time to time by Exim Bank in consultation with Banco Bradesco. The letter of credit shall be subject to the Uniform Customs and Practice for Documentary Credits (1994 edition) published by the International Chamber of Commerce (Publication No. 500) and shall be irrevocable and if required by a seller, be also divisible.

 

4.         Upon presentation of documents by the beneficiary to the negotiating bank, the negotiating bank shall pay to the beneficiary an amount being not more than 90 per cent of f.o.b./c. & f. contract value, apportionable to the relative shipment, in equivalent Indian Rupee at the spot rate of exchange of the negotiating bank, provided the documents presented are in order and are in conformity with the relevant letter of credit.

 

5.         Where negotiation has been effected without reserve, Exim Bank shall, upon receipt of the negotiating bank’s written communication, reimburse the negotiating bank in U.S. Dollar with the amount of the eligible value to the extent apportionable to the relative shipment, by transfer to the credit of the negotiating bank in such account with such bank in New York, USA, as may be specified by the negotiating bank in the communication to Exim Bank. If the negotiation has been made under reserve, Exim Bank shall make payment to the negotiating bank only after Exim Bank receives a written communication from the negotiating bank that the issuing bank which has opened/issued letters of credit, has lifted the reserve and has accepted the documents, or a communication from the issuing bank through the borrower or the negotiating bank to that effect.

 

6.         Exim Bank shall in no way be liable or responsible for any act or omission of the negotiating bank in handling the letter(s) of credit or negotiation of documents thereunder.

 

7.         Bank charges, expenses, commission or stamp duty payable in India shall be to the account of the seller/beneficiary and those payable in the borrower’s country shall be to the account of the buyer.

 

8.         Exporters should check with Exim Bank, in advance, before finalizing the contract with the buyers, details of service fee payable by the exporters on the contract to be covered under the above Line of Credit.

 

9.         The terminal dates for opening letters of credit and utilisation of credit are May 12, 2003, and November 12, 2003, respectively.

 

10.       Shipments under the credit will have to be declared on GR/SDF Forms as usual. All copies of GR/SDF Forms should bear a prominent superscription reading ‘Export under Exim Bank line of credit dated December 14, 2001, extended to Banco Bradesco S.A., Brazil.’ The number and date of this circular should be recorded in the space provided for. On receipt of full payment of the bills in the manner stated above, authorised dealer should certify the duplicate copy/ies of the relative GR/SDF Form/s and forward them to the concerned Regional Office of the Reserve Bank, in the usual manner.

 

11.       No agency commission shall be payable in respect of exports financed under the above line of credit. However, Reserve Bank may consider on merit, requests for payment of commission upto a maximum extent of 5 per cent of the f.o.b./c. & f. value in respect of goods specified in the Annexure and which require after sales service. In such cases, commission will have to be paid in the borrower’s country i.e., Brazil only by deduction from the invoice of the relevant shipment and the reimbursable amount by the Exim Bank to the negotiating bank will be 90 per cent of the f.o.b./c. & f. value minus the commission paid. Approval for payment of commission should be obtained before the relevant shipment is effected.

 

12.       Authorised dealers may bring the contents of this circular to the notice of their exporter constituents.

 

13.       The directions contained in this circular have been issued under section 10(4) and section 11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999).

Annexure

List of Eligible Goods for Finance out of the Credit

PART ‘A’

1.         Air compressors.

2.         Air conditioning, heating, cooling, fume extraction, dust collection, humidification and ventilation   equipment for industrial use including blowers and exhaust fans.

3.         Alcohol and brewery plant.

4.         Aluminium plant and equipment.

5.         Asbestos cement machinery.

6.         Cement machinery.

7.         Cinematographic equipment for motion picture and tele­vision studios.

8.         Chemical and pharmaceutical plant and machinery.

9.         Cigarette making machinery.

10.       Coffee processing machinery.

11.       Coke oven plant and equipment.

12.       Coke oven refractories.

13.       Control and Process instruments including X-Ray equip­ment for Industrial Applications.

14.       Copper Ore concentration machinery.

15.       Dairy equipment and animal feed plant.

16.       Earth moving equipment like crawler tractors, shovels, excavators, loaders, dumpers etc.

17.       Edible Oil Mill machinery and oil expellers.

18.       Electric motors and pumps.

19.       Electronic Data Processing equipment.

20.       Fertilizer plant and equipment.

21.       Flour, rice and dal mill machinery.

22.       Food processing plant.

23.       Foundry equipment including mould making machinery, Sand and Shot blasting equipment.

24.       Freight containers.

25.       Garage equipment.

26.       Gas and air separation plants.

27.       Glass and Ceramic machinery.

28.       Heat Exchangers.

29.       Integrated Steel Plants (complete or in parts), mini steel plants (electric arc and reduction   furnaces). Re-heating and heat treatment furnaces, Rolling Mills and other finishing lines for   ferrous and non-ferrous metals.

30.       Ice-making machinery.

31.       Industrial boilers.

32.       Industrial furnaces.

33.       Industrial switchboards, Control panels, circuit break­ers, air break switches.

34.       Jute machinery.

35.       Leather tanning and processing machinery.

36.       Machine tools.

37.       Machinery for manufacturing air-conditioners, bicycles, corks, electrical goods, enamel-ware,   hard board, metal contain­ers, radios, razor blades, refractories and bricks, sewing   ma­chines, shoes, steel furniture, wire-ropes and cables etc.

38.       Machinery for manufacturing any product figuring in Part B of this List, not specified   separately in this Part.

39.       Material handling equipment like fork lifts, electric lifts, cranes, hoists etc. and conveyor   systems.

40.       Metal working machinery.

41.       Mining machinery.

42.       Motor vehicles and chassis, including three-wheelers.

43.       Oil drilling rigs.

44.       Oil refinery equipment.

45.       Packaging and weighing machinery.

46.       Pile foundation machinery.

47.       Plastic machinery.

48.       Power generation, transmission and distribution equip­ment including boilers, generators,   transformers, switchgears, transmission line towers, conductors, cables, sub-station   equip­ment and protective equipment.

49.       Power line carrier communication equipment.

50.       Power station structures, hydraulic structures like penstocks, gates and gearings, sub-station structures.

51.       Pressure vessels.

52.       Printing and book-binding machinery.

53.       Pulp and Paper Mill machinery.

54.       Railway electrification equipment and structures and railway signalling equipment.

55.       Railway rolling-stock including locomotives, wagons, coaches and trolleys.

56.       Refractories for use in hot blast stoves, hot blast main and bustle pipes and blast furnace proper.

57.       Rubber machinery.

58.       Road and construction equipment including road rollers, tar boilers, continuous batch plants,   stone crushers, asphalt mixers, concrete mixers and vibrators.

59.       Ships, boats, trawlers, steamers, launches, barges.

60.       Solvent extraction machinery.

61.       Spraying equipment.

62.       Steam, diesel and petrol engines.

63.       Steel fabrication for bridges, factories etc.

64.       Steel rails and railway track equipment including sleepers, fishplates, points and crossings.

65.       Steel shuttering and scaffolding materials.

66.       Steel tanks.

67.       Sugar (including Khandsari) machinery.

68.       Telecommunication and signalling equipment.

69.       Textile machinery.

70.       Tractors and Trailers.

71.       Vending machines.

72.       Water supply equipment including pumping plant, large diameter fabricated steel pipes, C.I.   spun pipes and storage tanks, water treatment and sewage treatment plant.

73.       Weigh bridges.

74.       Welding machinery.

75.       Wood working machinery.

PART ‘B’

1.         Agricultural implements.

2.         Auto parts.

3.         Bicycles, motorcycles, scooters, mopeds and parts.

4.         Construction materials including sanitary-ware, tiles and precast cement products, false ceiling, flooring materials, pipes, decorative laminates, fittings, electricals and steel/aluminium doors and windows, provided they are exported as separate items and not as items forming part of civil construc­tion/turnkey projects.

5.         Agricultural chemicals and industrial chemicals.

6.         Pressure cookers, watches and clocks, knitting/sewing machines, vacuum flasks, cutlery, plastic moulded luggage.

7.         Domestic electric appliances.

8.         Drugs and pharmaceuticals.

9.         Electrical equipment including low tension insulators, batteries and accumulators, parts of electrical machinery and lamps, fuses and electrodes for industrial application.

10.       Electronic components.

11.       Electronic goods including radios, TV, public address systems, record players, tape recorders.

12.       Fibreglass, PVC and plastics based products including pipes and tubes, tyre cord.

13.       Ferrous/non-ferrous castings, forgings, stamping, extrusions and rolled products.

14.       Ferrous/non-ferrous pipes, tubes, sheets, strips, foils, rods, wires, wire ropes.

15.       Heating and cooling equipment including air-condition­ers, refrigerators, water coolers.

16.       Industrial rubber products including tyres and tubes, cots and aprons, conveyor belts, rubber rollers, house pipes.

17.       Instruments for measurement, scientific survey and for surgical applications.

18.       Industrial fasteners, bearings, valves, gears and gaskets.

19.       X-ray and other electro-medical and other hospital equipments.

20.       Office equipments including typewriters, calculators, duplicators, teleprinters.

21.       Metal and plastic furniture.

22.       Hand tools, cutting tools, grinding wheels, moulds dies.

23.       Gas cylinders, fire fighting equipment, photographic equipment, helmets, including fibreglass helmets.

24.       Any other item not included above that might be agreed upon between Exim Bank and the Borrower.