Exim Bank’s Line
of Credit to BCR
AP (DIR Series) (2002-2003) Circular No. 30, dated 11-10-2002
Exim Bank’s Line of Credit of USD 10 Million to Banca Comerciala Romana (BCR), Romania
Export-Import
Bank of India (Exim Bank) has concluded an agreement with the Banca Comerciala
Romana S.A.,(BCR) on June 25, 2002, making available to the latter, a line of
credit upto an aggregate sum of USD 10 million (U.S.Dollar Ten Million only).
The credit has become effective from August 29, 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. Romania. 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) or c.i.f.(cost,
insurance & 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 any 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 within 10 business days after the date of the approval of the contract
by Exim Bank.
(ii) The
buyer shall make payment to the seller of the balance 90% of the
f.o.b./c&f/c.i.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 BCR.
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 transferable.
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 the f.o.b/c&f/c.i.f contract value, apportionable to the
relative shipment, in equivalent Indian Rupees 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 finalising the contract with
the buyers, details of service fee and other charges 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
August 28, 2003, and February 28, 2004, 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 25th June, 2002, extended to Banca Comerciala Romana,
S.A., (BCR), Romania.’ The number and date of this circular should be recorded
in the space provided therefor. On receipt of full payment of bills in the
manner stated above, authorised dealers should certify the duplicate copy/ies
of the relative GR/SDF Form/s.
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/c.i.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 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/c.i.f. value minus
the commission paid. Approval for payment of commission should be obtained
before the relevant shipment is effected.
12. Authorised
Dealers may please 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
1. Air Compressors. Air conditioning,
heating, cooling, fume extraction, dust collection, humidification and
ventilation equipment for industrial use including blowers and exhaust fans.
2. Alcohol and brewery plant.
3. Aluminium plant and machinery.
4. Asbestos cement machinery.
5. Cement machinery.
6. Cinematographic equipment for motion
picture and television studios.
7. Chemical and pharmaceutical plant and
machinery.
8. Cigarette making machinery.
9. Coffee processing machinery.
10. Coke oven plant and equipment.
11. Coke oven refractories.
12. Control and Process Instruments including
X-Ray equipment for Industrial Applications.
13. Copper Ore concentration machinery.
14. Dairy equipment and animal feed plant.
15. Earth moving equipment like crawler
tractors, shovels, excavators, loaders, dumpers etc.
16. Edible Oil Mill machinery and oil
expellers.
17. Electric motors and pumps.
18. Electronic Data Processing equipment.
19. Fertilizer plant and equipment.
20. Flour, rice, and dal mill machinery.
21. Food processing plant.
22. Foundry equipment including mould making
machinery, Sand and Shot blasting equipment.
23. Freight containers.
24. Garage equipment.
25. Gas and air separation plants.
26. Glass and Ceramic machinery.
27. Heat Exchangers.
28. Integrated Steel Plants (complete or in
parts), mini plants (electric arc and reduction furnaces). Re-heating and heat
treatment furnaces, Rolling Mills and other finishing lines for ferrous and
non-ferrous metals.
29. Ice-making machinery.
30. Industrial boilers.
31. Industrial furnaces.
32. Industrial switchboards, Control panels,
circuit breakers, air break switches.
33. Jute machinery.
34. Leather tanning and processing machinery.
35. Machine tools.
36. 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.
37. Machinery for manufacturing any product
figuring in Part B of this List, not specified separately in this Part.
38. Material handling equipment like fork
lifts, electric lifts, cranes, hoists, etc. and conveyor systems.
39. Metal working machinery.
40. Mining machinery.
41. Motor vehicles and chassis, including
three-wheelers.
42. Oil drilling rigs.
43. Oil refinery equipment.
44. Packaging and weighing machinery.
45. Pile foundation machinery.
46. Plastic machinery.
47. Power generation, transmission and
distribution equipment including boilers, generators, transformers,
switchgears, transmission line towers, conductors, cables, sub-station
equipment and protective equipment.
48. Power line carrier communication
equipment.
49. Power station structures, hydraulic
structures like penstocks, gates and gearings, sub-station structures.
50. Pressure vessels.
51. Printing and book-binding machinery.
52. Pulp and Paper Mill machinery.
53. Railway electrification equipment and
structures and railway signalling equipment.
54. Railway rolling stock including
locomotives, wagons, coaches and trolleys.
55. Refractories for use in hot blast stoves,
hot blast main and bustle pipes and blast furnace proper.
56. Rubber machinery.
57. Road and construction equipment including
road rollers, tar boilers, continuous batch plants, stone crushers, asphalt
mixers, concrete mixers and vibrators.
58. Ships, boats, trawlers, steamers,
launches, barges.
59. Solvent extraction machinery.
60. Spraying equipment.
61. Steam, diesel and petrol engines.
62. Steel fabrication for bridges, factories
etc.
63. Steel rails and railway tracks equipment
including sleepers, fishplates, points and crossings.
64. Steel shuttering and scaffolding
materials.
65. Steel tanks.
66. Sugar (including Khandsari) machinery.
67. Telecommunication and signalling
equipment.
68. Textile machinery.
69. Tractors and Trailers.
70. Vending machines.
71. Water supply equipment including pumping
plant, large diameter fabricated steel pipes, C.I. spun pipes and storage
tanks, water treatment and sewage treatment plant.
72. Weigh bridges.
73. Welding machinery.
74. Wood working machinery.
1. Agricultural implements.
2. Auto parts.
3. Bicycles, motorcycles, scooters, mopeds
and parts.
4. Construction materials including
sanitaryware, 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 & plastic based
products including pipes and tubes, tyre cord.
13. Ferrous/non-ferrous castings, forgings,
stampings, 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, hose pipes.
17. Instruments for measurements, 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.