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2 diversi documenti
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Il "countertrade" e le sue tecniche Guida agli scambi in compensazione |
2 diversi documenti
Documento n. 1 (Fonte: Department of Trade and Cooperative, Republic of Indonesia)
Documento n. 2 Tanzania: si riporta uno stralcio delle disposizioni emanate dal locale Ministero dell'Industria e del Commercio nel marzo 1986 per istituire il "retention scheme", una forma di incentivo per lo sviluppo delle esportazioni di beni " tradizionali e non" e per permettere a taluni settori produttivi del paese di disporre di una certa quota di valuta convertibile necessaria per il ripagamento di prodotti esteri ritenuti prioritari. Si tratta di uno schema adottato, con formulazioni più o meno simili a quella tanzaniana, anche da altri paesi in via di sviluppo, in aggiunta o in alternativa alla prassi compensativa di tipo abituale. Press release by the Minister for Industries and Trade on the revised import-export policy. The incentive. (omissis)
Indonesia: schema di lettera di impegno per controacquisti concernenti gare di appalto a fronte di forniture ad Enti pubblici indonesiani
...........................198.....
Department of Trade and Cooperatives
Republic of Indonesia
Directorate General for Foreign Trade
Jalan Abdul Muis, 87
Jakarta, Indonesia
c/o ....... (indicare l'Ente emittente il tender ).....
Dear Sirs,
We refer to ....(rif.to al tender).. and to our tender document no....... submitted on .....pursuant to tender document no. ...... issued by .......
If we are selected as ........ in respect of the above described tender, we hereby irrevocably undertake during the period from the date of award of the contract relating to such tender until final acceptance ( o simile) of our work and services thereunder:
1 - to purchase, or to cause to be purchased by one or more of our affiliated companies in ..... or by third parties located in such country acceptable to you, agricultural and/or industrial products contained in the most recent "List of Indonesian Export Commodities Available for Additional Exports", published by the Department of Trade and Cooperatives (hereinafter the "Products") from one or more of the commodity associations or exporters named in the "List of Indonesian Commodity Associations and Exporters", published by the Department of Trade and Cooperatives (hereinafter the "Exporters")in an amount at least equal to the foreign currency value of all equipment and materials to be supplied by us from non-Indonesian sources pursuant to the terms of the above described contract;
2 - to use the Products, or to resell the Products for use, or to cause the Products to be used or resold, in ....., unless with your specific authorization we are permitted to use the Products, or to resell the Products for use, or to cause the Products to be used or resold, in any other country;
3 - to purchase the Products, or to cause the Products to be purchased, periodically over the term of the contract relating to to the above described tender in such a manner as to avoid the situation arising where the Products to be acquired pursuant to this undertaking must be purchased at the end of the term of such contract; and
4 - to submit, or to cause to be submitted, to the Department of Trade and Cooperatives copies of all contracts with and purchase orders issued to Exporters relating to the purchase of Products pursuant to this undertaking, and to cause each such contract and purchase order relating to the purchase of Products by any third party as aforesaid to refer specifically to this undertaking, in each case to permit the Department of Trade and Cooperatives to monitor compliance herewith.
In connection with our irrevocable undertaking contained herein, this will confirm our understandig that:
a) the commercial terms, including those relating to price and delivery, in respect of each purchase of Products from an Exporter shall be negotiated by us or by other purchasers thereof at the time of actual purchase;
b) the amount of each such purchase to be applied towards our obligation hereunder shall be equal to the invoiced purchase price of the Products purchased, excluding, however, any shipping costs included in such invoice and any taxes or customs duties charged in connection therewith;
c) the amount of each such purchase (if measured in a currency other than the currency in which our obligation hereunder is measured) shall be applied against our obligation hereunder at exchange rates (as quoted by Bank of Indonesia) prevailing at the date of the Exporter's invoice issued in respect of such purchase; and
d) our undertaking contained herein shall be in addition to, and not by way of credit against, any commitments or other arrangements in effect on the date hereof with respect to the purchase of Products by purchasers located in ......
If we fail to comply with our undertaking contained herein, we hereby agree to pay to you as liquidated damages an amount equal to 50 % of the difference between the local value of Products actually purchased pursuant to this undertaking and the total foreign currency value of all equipment and materials actually supplied by us from non-Indonesian sources pursuant to the terms of the contract awarded in respect of the above described tender.
If during the course of performance of our obligation contained herein, we should be of the view that sufficient Products either are not available in Indonesia or are not of suitable export quality or internationally competitive in price, you shall, at your request, review with us the actual circumstances at the time, and
If, after both parties have reviewed the matter in good faith and in the spirit of cooperation, we mutually agree that we are not able to comply with the requirements of our undertaking contained herein because sufficient Products either are not available in Indonesia or are not of suitable export quality or internationally competitive in price, or available for certain destinations,
You shall in good faith modify such requirements to take account of actual circumstances at the time which modifications will include, without limitation, an extention of the time which our obligations contained herein must be satisfied.
We further mutually agree that the review and modifications will be conducted with a view toward reaching a mutually acceptable solution and the avoidance of a dispute.
In connection with our undertaking contained herein, we hereby represent and warrant to you that:
i) we have full power and authority and legal right to enter into this undertaking and to perform and observe the terms and provisions hereof,
ii) we have taken all necessary legal action to authorize, execute and deliver this undertaking,
iii) this undertaking constitutes our legal, valid and binding obligation, and
iv) no law, rule or regulation of contractual or other obligation binding on us is or will be contravened by reasons of our execution and delivery of this undertaking or by our performance and observance of the terms and provisions hereof.
This undertaking shall be binding upon our successors.
This undertaking has been executed on our behalf by our duly authorized Indonesian commercial representative .... and such execution shall be deemed to bind us in all respects as regards the subject matter hereof. We hereby agree to countersign this undertaking if so requested by you.
Yours faithfully.
(Firma )
Si è ritenuto utile inserire questo argomento nel presente elaborato in quanto la formula del "retention scheme" può fornire interessanti spunti di riflessione sulla opportunità di sviluppare correnti di importazioni da quei paesi che consentono ai loro "esportatori" l'utilizzo diretto di una parte degli introiti valutari per l'acquisto di prodotti esteri a loro necessari.
EXPORT CATEGORIES
The export products list is divided into three categories A, B and C:
Category A products include mainly our traditional exports, i.e. raw coffee, cotton lint, sisal fibre, bulk tea, raw tobacco, cashew nuts (raw and kernels), diamonds, organised gold and cloves. Also this category includes residual fuel oil, pyrethrum, sugar, hides and skins, wildlife products, instant coffee, blended tea, salt, cocoa and cocoa beans, wattle barks extract, sisal twine, tanned leather, cotton yarn, cotton seed cake and general utilities (posts and telecommunications services), harbours services, railway service, electricity and water service. Foreign exchange accruing to exporters of these goods and services will not be very much affected by this particular incentive since they already enjoy sufficient privileges which can be reviewed on merit from time to time as has been the case. Therefore, existing incentives for this category will continue and any additional incentives will be treated individually on application to the Treasury as in the past.
Category B constitutes non traditional industrial products not included under category A. This category is in turn divided into two parts designated as B 1 and B 2. B 2 products, being sensitive, will be exported subject to approval by the Minister for Industries and Trade in order to maintain an acceptable balance between exports and local demand. These goods include cigarettes, cement, tyres and tubes, batteries, dry cells and battery components, soap and detergents, cooking oil, beer, spirits and wine and electrical fittings.
Exporters of category B products will be entitled to a foreign exchange retention of 50 %. For producer exporters in this group, it is a requirement that retained foreign exchange should be used for importation of production inputs and spare parts and other specified goods designed to maintain production in our factories and provide for export loss compensation. For trader-exporters in this category, at least 25 % of retained forex should be spent on importation of raw materials and spare parts that go into the production of the particular export product. The remaining 75 % may be used to import goods on the new import list for sale in the local market.
Non-manufacturers (trader-exporters) will only be eligible to export commodities in category B if they seek new markets or if the manufacturer is not in a position to supply existing markets.
Category C will include products not listed under categories A and B. These will mainly be farm, marine and mineral products. Exporters of these products will also be allowed to retain 50 % of the value of their exports. Exporters will be allowed to import any item on the new import list. Regional Cooperative Unions and other rural Cooperative societies will be allowed to export goods under category B and C and will be expected to concentrate their imports on agricultural inputs, fishing gear, mining equipment, tools and inputs for rural small scale industries as well as incentive goods for the peasants they serve, such as bicycles and others on the new import list.
(omissis)
A list of product categories for exports and imports can be obtained from the Ministry of Industries and Trade by any interested exporter/importer. Products not appearing on the list can be exported after obtaining permission from the Ministry of Industry and Trade.
(omissis)
ELIGIBILITY
Any registered exporter with a valid trading licence qualifies for this incentive, regardless of the magnitude of his business. It should be emphasized that all exporters, big and small, will be given equal opportunuty to take advantage of this incentive.
BANKING AND PAYMENT MODALITIES
In order to streamline the banking aspects under this scheme, a special Retention Pool Account will be opened and operated by the National Bank of Commerce (NBC) in their correspondent banks. NBC will in addition to the pool account, maintain locally, separate memorandum accounts for individual exporters. These accounts will be designated in foreign exchange. NBC will provide statements of these accounts to exporters on request.
(omissis)
TRANSFERABILITY OF RETENTIONS
In order to allow for obtimal use of forex resources made available to exporters, transferability could be allowed among producer/exporters and their supply producers ( e.g. firms producing packaging materials) as well as from trader-exporters to his producer of such exports but not vice-versa. Such transferability can only be utilised for importation of raw materials, spare parts and other production inputs.
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The new Retention scheme is a unique opportunity for Tanzanian exporters to double their efforts in export marketing. The main objective is to both give the exporter an opportunity to become competitive in foreign markets and also to boost the national pool of forex. These twin objectives can only be achieved if all relevant government and banking institutions play a dynamic role in supporting exporters without being overly bureaucratic. Similarly, exporters are now expected to play an important role in this difficult period of national economic reconstruction. It is a challenge to all of us in public and private business and in government. The motto: Export to import, for economic recovery.
(omissis)