Common use of Import and Export Clause in Contracts

Import and Export. 25.1 The Contractor shall have the right to import into Liberia, in its own name or on behalf of its subcontractors, in exemption of import duties as provided in the Revenue Code (a) all the technical equipment, materials, machinery and tools, goods and supplies necessary for the proper conduct of Petroleum Operations according to Good International Petroleum Industry Practice, and (b) the furniture, clothing, household appliances and all personal effects for all the foreign employees and their families assigned to work in Liberia for the Contractor or its subcontractors, and to re-export the same, in exemption of custom duties under the conditions and subject to the limitations provided in the Revenue Code to the extent those items are no longer necessary for Petroleum Operations and have not become the property of a Successor pursuant to Article 22. Notwithstanding the foregoing, the Contractor, its agents and subcontractors are not permitted to import such items referred to in clause (a) of this Article 25.1 in exemption of import duties insofar as such items are available in Liberia under equivalent conditions of price, quality, delivery time, service and terms of payment. Upon a duly justified emergency, the equipment, materials, tools and machinery, goods and supplies will be placed at the disposal of the users as soon as they arrive in Liberia and the administrative regularization relating to their admission will be made later and as soon as possible. 25.2 The Contractor, its agents and subcontractors shall have the right to sell in Liberia upon notice to the Ministry of Finance and Development Planning all equipment, materials, goods and supplies which they have imported when they are considered as surplus and no longer necessary for the Petroleum Operations (a) unless those items have become the property of a Successor pursuant to Article 22 upon surrender, expiration or termination of this Contract or at the surrender of a Field under this Contact, and (b) except that they may not sell explosives, gasoline or diesel within Liberia to third parties without the consent of the Ministry of Finance and Development Planning. If any such imported equipment, materials, goods and supplies were exempted in all or part from taxes and duties on import into Liberia, then such items are deemed imported on the date of sale and the seller must upon their sale pay into the Consolidated Fund those taxes and duties payable on such items under applicable Law in effect on the date of sale calculated on the actual sales price on the date of sale and fulfill all formalities required by Law in connection with such sales. The Authority will request the Ministry of Finance and Development Planning to issue regulations for the implementation of this Article 25.2, including provision of exemptions to the prior reporting requirement and the establishment of deemed valuations for commonly used items such as office equipment and furnishings and equipment of general utility outside the petroleum industry. 25.3 During the term of this Contract, the Contractor, its customers and their carriers shall have the right to export freely at the export point selected for that purpose, free of all duties and taxes and at any time, the portion of Petroleum to which the Contractor is entitled in accordance with the provisions of this Contract, after deduction of all deliveries made to the State.

Appears in 2 contracts

Samples: Production Sharing Contract, Production Sharing Contract

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Import and Export. 25.1 The Contractor shall have 2.3.4.1 Import procedures, customs duty and costs of Delivery As an integral part of the right obligations of the Contract and within the Contract Price, the Supplier shall, if relevant, arrange customs entry and the payment of ( i) any customs duties applicable to import into Liberiathe Deliverables, (ii) any transportation costs, etc., in its own name order to deliver the Deliverables at the place set out in clause 2.7. DALO shall not be liable to reimburse the Supplier for any fines or penalties imposed on behalf the Supplier under Danish customs legislation in force from time to time for any offence under such legislation, unless the offence is attributable to DALO. 2.3.4.2 Taxes, customs duties and other government charges payable All taxes, duties and government charges imposed or levied in connection with the Con- tract, however exclusive of its subcontractors, Danish VAT (in exemption of import duties as provided Danish: Moms) shall be paid by the Supplier and shall be considered included in the Revenue Code (a) all Contract Price and the technical equipment, materials, machinery and tools, goods and supplies necessary price for the proper conduct Initial Spareparts Package. The Supplier shall submit all invoices inclusive of Petroleum Operations according to Good International Petroleum Industry PracticeDanish VAT, if applicable, and (bshall if the Deliverables in question are subject to VAT specify in the invoice how the VAT is cal- culated. 2.3.4.3 Export procedures and end-user certificates Prior to Delivery of the Deliverables and any part(s) thereof as the furniturecase may be, clothingthe Su p- plier shall, household appliances if relevant, obtain all necessary valid export licenses and all personal effects for all / or other approvals to meet the foreign employees and their families assigned to work in Liberia requirements of the Contract. Upon request from DALO the Supplier shall provide a copy of any export license or other export approval relevant for the Contractor Deliverables under the Contract, or its subcontractorsproof that such li- cense or approval has been obtained. If an export license requires or the Supplier's Delivery in whole or in part necessitates that an end-user certificate is issued from the country of origin and / or the Supplier's country, and for example a certificate whereby DALO is to undertake an obligation ( i) not to re-export the same, in exemption of custom duties under the conditions and subject to the limitations provided in the Revenue Code to the extent those items are no longer necessary for Petroleum Operations and have not become the property of a Successor pursuant to Article 22. Notwithstanding the foregoing, the Contractor, its agents and subcontractors are not permitted to import such items referred to in clause (a) of this Article 25.1 in exemption of import duties insofar as such items are available in Liberia under equivalent conditions of price, quality, delivery time, service and terms of payment. Upon a duly justified emergency, the equipment, materials, tools and machinery, goods and supplies will be placed at the disposal of the users as soon as they arrive in Liberia and the administrative regularization relating to their admission will be made later and as soon as possible. 25.2 The Contractor, its agents and subcontractors shall have the right to sell in Liberia upon notice to the Ministry of Finance and Development Planning all equipment, materials, goods and supplies which they have imported when they are considered as surplus and no longer necessary for the Petroleum Operations (a) unless those items have become the property of a Successor pursuant to Article 22 upon surrender, expiration or termination of this Contract or at the surrender of a Field under this Contact, and (b) except that they may not sell explosives, gasoline or diesel within Liberia to third parties Deliverables without the consent of the Ministry country of Finance origin of the Deliver a- bles, and Development Planning/ or (ii) to use the Deliverables only for self-defence purposes or in a way com- patible with the foreign and military policy of the country of origin of the Deliverables, cf. If any such imported equipmentthe Supplier's conditions at the tender stage as stated in Annex E.1, materials, goods and supplies were exempted in all or part from taxes and duties on import into Liberia, then such items are deemed imported on the date of sale and the seller must upon their sale pay into the Consolidated Fund those taxes and duties payable on such items under applicable Law in effect on the date of sale calculated on the actual sales price on the date of sale and fulfill all formalities required by Law in connection with such sales. The Authority will request the Ministry of Finance and Development Planning Supplier shall present a draft end-user certificate to issue regulations for the implementation of this Article 25.2, including provision of exemptions be annexed to the prior reporting requirement and the establishment of deemed valuations Contract as Annex E.2 for commonly used items such as office equipment and furnishings and equipment of general utility outside the petroleum industry. 25.3 During the term of this Contract, the Contractor, its customers and their carriers DALO's approval no later than 14 (fourteen) Days after Commencement. Such draft shall have the right to export freely at the export point selected for that purpose, free of all duties and taxes and at any time, the portion of Petroleum to which the Contractor is entitled be in accordance with the provisions end-user conditions submitted at the tender stage. Upon DALO's approval of this the draft the Supplier shall make all arrangements nece s- sary to ensure that an end-user certificate with the exact same conditions or better will be issued, legalised and signed by the relevant authorities in due time so as to allow the export from the country of origin and import to Denmark of the Deliverables within the Delivery Date and the Milestones as set out in the Contract. Finally, after deduction of all deliveries made the end-user certifi- cate shall be submitted to the Statecontact person mentioned in clause 4.18 in accordance with Annex V. Upon request from the Supplier, DALO will give the Supplier reasonable assistance ; e.g. sign documents and confirm applications for approval, etc. , required to facilitate the pro- vision of an export license or other approval and end-user certificates. However, this shall not in any way limit the full responsibility that rests with the Supplier to take all reason a- ble steps to ensure the provision of any export license, end-user certificate or approval required for the Deliverables. The Supplier shall furthermore monitor all necessary transport of the Deliverables to en- sure that the export and import procedures conform to schedule so as to further ensure the timely Delivery of the Deliverables.

Appears in 1 contract

Samples: Acquisition Contract

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Import and Export. 25.1 The Contractor shall have the right to import into Liberia, in its own name or on behalf of its subcontractors, in exemption of import duties as provided in the Revenue Code (aArticle 15.2(a)(x) all the technical equipment, materials, machinery and tools, goods and supplies necessary for the proper conduct of Petroleum Operations according to Good International Petroleum Industry Practice, and (by) the furniture, clothing, household appliances and all personal effects for all the foreign employees and their families assigned to work in Liberia for the Contractor or its subcontractors, and to re-export the same, in exemption of custom duties under the conditions and subject to the limitations provided in the Revenue Code to the extent those items are no longer necessary for Petroleum Operations and have not become the property of a Successor pursuant to Article 22. Notwithstanding the foregoing, the Contractor, its agents and subcontractors are not permitted to import such items referred to in clause (ax) of this Article 25.1 in exemption of import duties insofar as such items are available in Liberia under equivalent conditions of price, quality, delivery time, service and terms of payment, and the Contractor is not exempt from payment of the ECOWAS Trade Levy on all goods from non-ECOWAS states which it imports into Liberia at the rate established by applicable Law. Upon a duly justified emergency, the equipment, materials, tools and machinery, goods and supplies will be placed at the disposal of the users as soon as they arrive in Liberia and the administrative regularization relating to their admission will be made later and as soon as possible. 25.2 The Contractor, its agents and subcontractors shall have the right to sell in Liberia upon notice to the Ministry of Finance and Development Planning all equipment, materials, goods and supplies which they have imported when they are considered as surplus and no longer necessary for the Petroleum Operations (a) unless those items have become the property of a Successor pursuant to Article 22 upon surrender, expiration or termination of this Contract or at the surrender of a Field under this Contact, and (b) except that they may not sell explosives, gasoline or diesel within Liberia to third parties without the consent of the Ministry of Finance and Development Planning. If any such imported equipment, materials, goods and supplies were exempted in all or part from taxes and duties on import into Liberia, then such items are deemed imported on the date of sale and the seller must upon their sale pay into the Consolidated Fund those taxes and duties payable on such items under applicable Law in effect on the date of sale calculated on the actual sales price on the date of sale and fulfill all formalities required by Law in connection with such sales. The Authority will request the Ministry of Finance and Development Planning to issue regulations for the implementation of this Article 25.2, including provision of exemptions to the prior reporting requirement and the establishment of deemed valuations for commonly used items such as office equipment and furnishings and equipment of general utility outside the petroleum industry. 25.3 During the term of this Contract, the Contractor, its customers and their carriers shall have the right to export freely at the export point selected for that purpose, free of all duties and taxes and at any time, the portion of Petroleum to which the Contractor is entitled in accordance with the provisions of this Contract, after deduction of all deliveries made to the State.

Appears in 1 contract

Samples: Production Sharing Contract

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