Common use of IMPORTS AND EXPORTS Clause in Contracts

IMPORTS AND EXPORTS. 30.1 The Contractor (including its contractors and sub-contractors engaged in carrying out of the Petroleum Operations) has the unrestricted right to: 30.1.1 import into Somalia; and 30.1.2 subject to sub-clauses 17.7 and 17.8, export (if imported on a temporary basis) from Somalia, all materials, equipment and supplies (including, but not limited to, machinery, vehicles, consumable items, movable property and any other articles) (to be) used solely in carrying out the Petroleum Operations under the Agreement. 30.2 The import and export of materials, equipment and supplies (including, but not limited to, machinery, vehicles, consumable items, movable property and any other articles) (to be) used solely in carrying out the Petroleum Operations under the Agreement shall be exempt from import and export duties, fees and taxes during the term of this Agreement. 30.3 The Contractor shall (and shall ensure that and its sub-contractors shall) give preference to Somali goods and services in accordance with clause 28. 30.4 [In relation to materials, equipment and supplies imported or to be imported pursuant to sub- clause 30.1, when the Authority or its representative has certified that they are to be used solely in carrying out of the Petroleum Operations, the Contractor shall (and shall ensure that its contractors and sub-contractors shall) make such imports subject to: 30.4.1 approval of an import licence; 30.4.2 an exchange control approval, subject to the provisions of clause 31; or 30.4.3 independent inspection outside of Somalia by an inspecting body appointed by the Federal Government.] 30.5 The actual costs of technical and other services and materials obtained for the purpose of the Petroleum Operations shall be cost recoverable under the Agreement, provided that those services and materials are reasonably required for the Petroleum Operations and provided further that the prices paid by the Contractor are not higher than those currently prevailing in usual Arm's Length transactions on the market for comparable services and materials. 30.6 The Contractor (including its contractors and sub-contractors) may sell in Somalia all imported items which are no longer needed for the Petroleum Operations, provided that the relevant seller fulfils all formalities required in connection with the payment of duties, taxes, fees and charges imposed on such sales (if any). 30.7 If equipment and materials are required for the subsequent Petroleum Operations by another contractor in another contract area (other than the Contract Area for which they were imported), a Permit may be issued by the relevant Somali official body (whether federal, regional or local) upon application by the Contractor for such equipment and materials to be used for such stated.

Appears in 1 contract

Sources: Production Sharing Agreement

IMPORTS AND EXPORTS. 30.1 31.1 The Contractor (including its contractors and sub-contractors engaged in carrying out of the Petroleum Operations) has the unrestricted right to: 30.1.1 31.1.1 import into Somalia; and 30.1.2 31.1.2 subject to sub-clauses 17.7 18.7 and 17.818.8, export (if imported on a temporary basis) from Somalia, all materials, equipment and supplies (including, but not limited to, machinery, vehicles, consumable items, movable property and any other articles) (used and to be) be used solely in carrying out the Petroleum Operations under the Agreement. 30.2 The 31.2 In accordance with clause 42 the import and export of materials, equipment and supplies (including, but not limited to, : machinery, vehicles, consumable items, items (other than foods stuffs and alcoholic beverages) movable property and any other articles) (used and to be) be used solely in carrying out the Petroleum Operations under the Agreement shall be exempt exempted from import and export duties, fees and taxes during the term of this AgreementExploration and Development stages. 30.3 31.3 The Contractor Contractor’s share of Petroleum produced from the Contract Area under this Agreement which is to be exported outside of Somalia shall (be exempted from export duties, fees and shall ensure that and its sub-contractors shall) give preference to Somali goods and services in accordance with clause 28taxes. 30.4 [31.4 In relation to materials, equipment and supplies imported or to be imported pursuant to sub- sub-clause 30.131.1, when the Authority SPA or its representative has certified that they are to be used solely in carrying out of the Petroleum Operations, the Contractor shall (and shall ensure that its contractors and sub-contractors shall) make such imports subject to: 30.4.1 31.4.1 approval of an import licence; 30.4.2 31.4.2 an exchange control approval, subject to the provisions of clause 31; or 30.4.3 31.4.3 independent inspection outside of Somalia by an inspecting body appointed by the Federal Government.] 30.5 31.5 The actual costs of technical and other services and materials obtained for the purpose of the Petroleum Operations shall be cost recoverable under the Agreement, provided that those services and materials are reasonably required for the Petroleum Operations and provided further that the prices paid by the Contractor are not higher than those currently prevailing in usual Arm's Length transactions on the market for comparable services and materials. 30.6 31.6 The Contractor (including its contractors and sub-contractors) may sell in Somalia all imported items which are no longer needed for the Petroleum Operations, provided that the relevant seller fulfils all formalities required in connection with the payment of duties, taxes, fees and charges imposed on such sales (if any). 30.7 31.7 If equipment and materials are required for the subsequent Petroleum Operations by another contractor in another contract area (other than the Contract Area for which they were imported), a Permit may be issued by the relevant Somali official body (whether federal, regional or local) upon application by the Contractor for such equipment and materials to be used for such statedstated purpose.

Appears in 1 contract

Sources: Production Sharing Agreement

IMPORTS AND EXPORTS. 30.1 ‌ 31.1 The Contractor (including its contractors and sub-contractors engaged in carrying out of the Petroleum Operations) has the unrestricted right to:to:‌ 30.1.1 31.1.1 import into Somalia; and 30.1.2 31.1.2 subject to sub-clauses 17.7 18.7 and 17.818.8, export (if imported on a temporary basis) from Somalia, all materials, equipment and supplies (including, but not limited to, machinery, vehicles, consumable items, movable property and any other articles) (used and to be) be used solely in carrying out the Petroleum Operations under the Agreement. 30.2 The 31.2 In accordance with clause 42 the import and export of materials, equipment and supplies (including, but not limited to, machinery, vehicles, consumable items, movable property and any other articles) (used and to be) be used solely in carrying out the Petroleum Operations under the Agreement shall be exempt from import and export duties, fees and taxes during the term of this Agreement. 30.3 The Contractor shall (and shall ensure that and its sub-contractors shall) give preference to Somali goods and services in accordance with clause 28. 30.4 [31.3 In relation to materials, equipment and supplies imported or to be imported pursuant to sub- clause 30.131.1, when the Authority SPA or its representative has certified that they are to be used solely in carrying out of the Petroleum Operations, the Contractor shall (and shall ensure that its contractors and sub-contractors shall) make such imports subject to: 30.4.1 31.3.1 approval of an import licence; 30.4.2 31.3.2 an exchange control approval, subject to the provisions of clause 31; or 30.4.3 31.3.3 independent inspection outside of Somalia by an inspecting body appointed by the Federal Government.] 30.5 31.4 The actual costs of technical and other services and materials obtained for the purpose of the Petroleum Operations shall be cost recoverable under the Agreement, provided that those services and materials are reasonably required for the Petroleum Operations and provided further that the prices paid by the Contractor are not higher than those currently prevailing in usual Arm's Length transactions on the market for comparable services and materials. 30.6 31.5 The Contractor (including its contractors and sub-contractors) may sell in Somalia all imported items which are no longer needed for the Petroleum Operations, provided that the relevant seller fulfils all formalities required in connection with the payment of duties, taxes, fees and charges imposed on such sales (if any). 30.7 31.6 If equipment and materials are required for the subsequent Petroleum Operations by another contractor in another contract area (other than the Contract Area for which they were imported), a Permit may be issued by the relevant Somali official body (whether federal, regional or local) upon application by the Contractor for such equipment and materials to be used for such statedstated purpose.

Appears in 1 contract

Sources: Production Sharing Agreement