Indo-Surinam Credit Agreement dated March 17, 2003, for USD 10 Million
A.P. (DIR Series) (2003-2004) Circular No.11, Dated 20-8-2003, Issued by Exchange Control Department, RBI
The Government
of India have extended a line of credit of an amount of USD 10 million (US
Dollar Ten Million only) to the Government of Surinam under a credit agreement
entered into between the two Governments on March 17, 2003. The credit will be
available to the Government of Surinam, for importing from India capital goods
of Indian manufacture including original spare parts and accessories purchased
along with the capital goods and included in the original contract as also
consultancy services and project exports including services as mentioned in the
Annexure. The contents of Annexure may be modified by way of additions,
deletions or substitutions from time to time as may be mutually agreed upon
between the two Governments. The credit will not cover third country imports.
The export of goods and services from India and their import into Surinam under
the line of credit shall take place through normal commercial channels and will
be subject to the laws and regulations in force in both the countries. The
broad terms and conditions of the line of credit are as under :—
i. All contracts will
be subject to the approval of the Government of India and the Government of
Surinam and shall contain a clause to that effect. All contracts should be sent
to the Ministry of Finance, Department of Economic Affairs, Government of
India, New Delhi for approval. After each contract has been approved,
intimation thereof will be sent to the Government of Surinam and to the State
Bank of India, New Delhi, by the Ministry of Finance, Government of India.
ii. The credit will be
available for 90 per cent of the f.o.b. value of the eligible goods and
services to be exported from India. The 10 per cent of the f.o.b. value shall
be paid by the importer in freely convertible foreign currency at the time of
opening of the letter of credit. Accordingly, letters of credit should specify
that 10 per cent f.o.b. value shall be met out of the remittances from Surinam
while the balance 90 per cent shall be financed from the credit. The value of
the contract should be expressed in US Dollars.
iii. All disbursements
under the credit shall be made under letters of credit opened by the banks in
Surinam. All letters of credit will be advised by banks in Surinam to the State
Bank of India, New Delhi for onward transmission to the exporter/s either
direct or through another bank in India, if any, nominated by the exporter/s.
Normal commercial practices followed in respect of advising payments under
letters of credit will be adopted to ensure that the remaining 10 per cent of
the amount of letter of credit is received in US Dollars. All claims to the
State Bank of India for payment of 90 per cent of the f.o.b. value will need to
be supported by a certificate of the negotiating bank that the 10 per cent
amount directly payable has been received. The letters of credit should be supported
by a copy of the contract and should contain the following reimbursement
clause :—
“Reimbursement
for 90 per cent of the f.o.b. value of the contract shall be provided by the
State Bank of India, New Delhi from USD 10 million credit extended by the Government
of India to the Government of Surinam. The letter of credit is negotiable after
the State Bank of India has issued an advice that it is operative. The letter
of credit will be made operative by the State Bank of India after verifying
that the reimbursement from the credit is sought for 90 per cent of the f.o.b.
value only and it will be the responsibility of the negotiating bank to ensure
that the remaining 10 per cent of the amount of the letter of credit is
received in US Dollar. All claims to the State Bank of India for payment of 90
per cent of the f.o.b. value will need to be supported by a certificate of the
negotiating bank to the effect that the 10 per cent directly payable has been
received.”
2. Contracts to be financed under the credit agreement
for items specified in paragraph 1 of the Annexure should be signed and
relative letters of credit established by April 1, 2006, and the full amount be
drawn under the credit by April 1, 2006. Contracts to be financed under the
credit agreement for items specified in paragraph 2 of the Annexure should be
signed and letters of credit be opened and the full amount be drawn by April 1,
2004. If the full amount is not drawn by the aforesaid date, the balance will
be cancelled and the final instalment of the repayment to be made by the
Government of Surinam shall be reduced accordingly, except as may otherwise be
agreed to by the Government of India.
3. Shipments of goods and export of consultancy
services covered by the credit agreement should be declared on GR/SDF/SOFTEX
Forms with prominent superscription reading “Exports to Surinam under Credit
Agreement dated March 17, 2003 between the Government of India and the
Government of Surinam.” The number and date of this circular should be recorded
on the GR/SDF/SOFTEX Forms in the space provided therefor. On receipt of the
full payment of the bills in the manner indicated above, authorised dealers
should certify duplicate copies of the relative GR/SDF/SOFTEX Form.
4. Ordinarily, no agency commission shall be
payable in respect of exports financed under the 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. value in respect of capital goods
which require after sales service. In such cases, commission will have to be
paid in Surinam by deduction from the invoice value of the relevant shipment
and the reimbursable amount will be 90 per cent of the f.o.b. value minus the
commission paid. Approval for payment of commission should be obtained before
the relevant shipment is effected.
5. Authorised Dealers may bring the contents of
this circular to the notice of their constituents engaged in exports to
Surinam.
6. 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
Nature
of goods referred to in Indo-Surinam Credit Agreement of 2003
1. Capital
goods (along with original spare parts and accessories purchased with the
capital goods and included in the original contract) and project exports
including services required for, in the areas of technical cooperation,
research, purchase of goods such as heavy equipment and strengthening of
institutional capability and capacity.
2. Items
eligible for coverage under this credit also include consultancy in the area of
strengthening of institutional capability and capacity.