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Wiest and- ogulatiors- to ispiSSrt FiesidentiaiDecree gio. 791 as amended by Frestdential`Dacree `^^o. 9224.
Pursuant to.'5ection-2 of etiditia1. Decree%a. 924, a*-endin. Section 5 of Fr jdtn.Ual Decree.No..791, the following rules and nations authorized under rogulaticrs relative to t c exc pt i said decree. are herby psomlgated icr the information and guidance of all coacetntd.~ jet ai
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The exeaption provided in Section 1 of Presidential Decree :-. liars of plant machinery, 924 shall include ds,•ties'And texas oa^ir spare parts and equipment directly and actually needed and to b used t clusively in the prcduttiono ' tanafatture, -milling and processing or refining of sugar by the grantee of - the racwtioa secured under said decrees Provided Ihowever, ttuat e quiipnart may-include road bui!ding equipment, sugar..caae,#ransportt•agritultr3rai tractors and.Implanents there lit a)
the road.building equipment are to be used exclusively in the developaerrt of -the-factory site;
b)
the sugar carte transport are to be used exclusively in the hauling :of sugar. cane for milling in grantee Is factory; and
c)
the agricultural tract 's and implements thereof are tc be used exclusively in sugar cane production.
mulch uses are to be stated order%oath by the otmer •of the sugar roll if onncd individually, or by its President or General Manager if a corporation or partnership. The importation of machineries, road builciiiig equipment, sugar cane transport, agricultural tractors and inpirmthts shall be lirit4id to such quantity appropriate to the use of the grantee depending upon the volume of its output or production. . . . Section 2. Sale or Disaosition. The ir.. rted articles which were accordnct duty and tax free release shall not be disposed of in any .manner, whether by sale, hire or barter within ten flo) years iron date of impartation lhoraos tin shout the prior approval of the Secretary of Finance. Such' approval
may be given only if the sale is made: 1. to another person, partnership, company or corporation engaged in the business of manufacturing, n+lling, processing or refiring of sugar qualified under the Decree;
2. for reasons of proven technical obsolence; or 3. for purposes of replacement to irescve and/or expand the operations of the company or entity.
In the event that the articles are sold, transferred or conveyed to third parties within said period-with t the prior approval of the Secretary, of Finance, the transferor shall pay the corresponding duties and taxes due on.the artlcies-at the rate provided under existing lams. Section 3. Procedure of availment
Any parsons.'-partnership, company or corporation availing of, the benefits of _+tyLand tax free importation under. the aforecited decree Stall file Vdtlc the beparttaent .of Finance a written application therefor which shall rbody, among others, the following: a) daiae_and address o€ applicant, . vhether..individial or a corporation; b). Site of ,the, Factory and'1ocatioii acid area of sugar cane plantation owned;by.applicant;C) Articles imparted or- to be. .solaceor country of_origin:and°uses`of such article. The application shallbe°aecaitipaniad.by a,Certification from the Board of Investssa+ts that the articlesIm+parted or proposed to be imported are not available locally in sufficient quantity.,of acceptable quality and at reasonable prices and=are-suitable for the requirements of the Importer. If already ede,` tiie shipping and commercial documents shall be submitted. with the application. Section 4. bsur of Release Autharlts If the above rvquieeme s are zogMed_ with.-., an a-uthcrl ty to retails, addressed tothe L lssioner-. f o`': Qatar, shall be issued by-this Departiaaert. . The. Com®issiou3ex of 'R:stons;'shall maintain a `record of all rely--of taxexaspt irportatioais'authoriie under this decree, indicating,_a®ong others,"thefol lordags nature of articl es i mpor te d, v e,. du ff es` a #4 taxes due, country of origin and name of lwporter
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