Exim Bank’s Credit to Uganda

 

A.P. (DIR Series) (2000-2001) Circular No. 31, dated 20-4-2001

Exim Bank’s Line of Credit of US $ 5 million to East African Development Bank, Uganda

Export Import Bank of India (Exim Bank) has concluded an agreement with the East African Development Bank (EADB) on August 22, 2000, making available to the latter, a line of credit upto an aggregate sum of US $ 5 million (U.S. Dollar Five Million only). The credit has become effective from October 4, 2000, and is available for financing Indian export of eligible goods (listed in the enclosed Annexure) and related services to EADB member countries, viz., Kenya, Tanzania and Uganda. 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 EADB member countries shall be subject to the laws and regulations in force in the concerned 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./c.i.f./c&f 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 f.o.b./c&f/c.i.f. 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 per cent of f.o.b./c&f/c.i.f. of the 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 EADB. 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 and 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 f.o.b./c&f/c.i.f. contract value, apportionable to the relative shipment, in equivalent Indian Rupee at the spot rate of exchange of the negotiating bank, plus the amount of insurance as applicable in Indian Rupee, 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 advice, reimburse the negotiating bank in U.S. Dollar with the amount of the eligible value so paid by the negotiating bank to the beneficiary in equivalent Indian Rupees, 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 in the negotiating bank’s advice 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 an advice 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 an advice 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 or for payment to a beneficiary thereof or otherwise for any interest on the amount to be reimbursed to the negotiating bank.

7.         Bank charges, expenses, commission or stamp duty payable in India shall be to the account of the seller/beneficiary and those payable in EADB member countries shall be to the account of the buyer.

8.         The terminal dates for opening letters of credit and utilisation of credit are October 3, 2001, and April 3, 2002, respectively.

9.         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 August 22, 2000, extended to East African Development Bank (EADB). 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.

10.       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.i.f./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 EADB member countries, viz., Kenya, Tanzania and Uganda, 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.i.f./c&f value minus the commission paid. Approval for payment of commission should be obtained before the relevant shipment is effected.

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

12.       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), and any contravention or non-observance thereof is subject to the penalties prescribed under the Act.

 

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.   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 track 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

 

Part B

Other goods

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 and plastics 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 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 item not included in Part B above that might be agreed upon between Exim Bank and Borrower