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officially the State of Eritrea, is a country in the Horn of Africa. It is bordered by Sudan in the west, Ethiopia in the south, and Djibouti in the southeast. The east and northeast of the country have an extensive coastline on the Red Sea, directly across from Saudi Arabia and Yemen. The Dahlak Archipelago and several of the Hanish Islands are part of Eritrea. Its size is just under 118,000 km2 (45,560 sq mi) with an estimated population of 5 million. The capital is Asmara.

 

History

Eritrea is an ancient name, associated in the past with its Greek form Erythraía (Greek alphabet Ερυθραία), and its derived Latin form Erythræa. In the past, Eritrea had given its name to the Red Sea, then called the Erythræan Sea. The Italians created the colony of Eritrea in the 19th century around Asmara, and named it with its current name. After World War II Eritrea was annexed to Ethiopia.In 1991 the People's Liberation Front defeated the Ethiopian government. Eritrea officially celebrated its independence on May 24, 1992.

 

Prehistory

One of the oldest hominids, representing a possible link between Homo erectus and an archaic Homo sapiens, was found in Buya (Eritrean Danakil) in 1995 by Italian scientists. The cranium was found to be over 1 million years old. Furthermore, in 1999, the Eritrean Research Project Team discovered some of the earliest evidence of human tool-use in the harvesting of marine resources. The site contained obsidian tools dated to the paleolithic era, over 125,000 years old.

Epipaleolithic or mesolithic cave paintings in central and northern Eritrea attest to early hunter-gatherers in this region. An American paleontologist, William Sanders of the University of Michigan, also discovered a possible missing link between ancient and modern elephants in the form of the fossilized remains of a pig-sized creature in Eritrea. The fossil, which is 27 million years old, pushes the origins of elephants and mastodons five million years further into the past and indicates that modern elephants originated in Africa.

 

Antiquity

The oldest written reference to the territory now known as Eritrea is the chronicled expedition launched to the fabled Punt (or Ta Netjeru, meaning land of the Gods) by the Ancient Egyptians in the twenty-fifth century BC under Pharaoh Sahure. Later sources from the Pharaoh Hatshepsut in the fifteenth century BC present a more detailed portrayal of an expedition in search of frankincense. The geographical location of the missions to Punt is described as roughly corresponding to the southern west coast of the Red Sea. The name Eritrea is a rendition of the ancient Greek name Ἐρυθραία, Erythraía, meaning the "Red Land". The earliest evidence of agriculture, urban settlement and trade in Eritrea was found in the western region of the country consisting of archaeological remains dating back to 3500 BC in sites called the Gash group. Based on the archaeological evidence, there seems to have been a connection between the peoples of the Gash group and the civilizations of the Nile Valley namely Ancient Egypt and Nubia.

 

In the highlands, especially in Asmara's suburbs, scores of ancient sites have been documented, including Sembel, Mai Chiot, Ona Gudo, Mai Temenai, Weki Duba and Mai Hutsa. Mostly dating to the early and mid-1st millennium BCE (800 to 350 BCE), these communities consisted of small towns, villages, and hamlets built of stone. The proximity of these ancient communities to gold mines suggest that part of their prosperity was linked to the mining and processing of gold. Around the mid-1st millennium, several sites with Sabaean remains (inscriptions, artifacts, and monuments) seem to emerge in the central highlands, for example, at Keskese. Between the eighth and fifth century BCE, a kingdom known as D'mt was supposedly established in what is today Eritrea and the Tigray province of northern Ethiopia.

 

After D'mt's decline around the fifth century BC, the state of Aksum arose in much of Eritrea and the northern Ethiopian Highlands. It grew during the fourth century BC and came into prominence during the first century AD, minting its own coins by the third century, and converting in the fourth century to Christianity, thereby becoming the second official Christian state (after Armenia), and the first country to feature the cross on its coins. According to Mani, it grew to be one of the four greatest civilizations in the world, on a par with China, Persia, and Rome. In the seventh century, with the advent of Islam across the Red Sea in Arabia and the Arab invasion and subsequent destruction of Adulis, Aksum's main port city, Aksum's trade and power on the Red Sea began to decline and the empire gradually diminished and was overtaken by smaller rival kingdoms.

 

Medieval period

During the medieval period, contemporary with and following the gradual disintegration of the Aksumite state between the 9th and 10th centuries, several states as well as tribal and clan lands emerged in the area known today as Eritrea. Between the eighth and thirteenth century, northern and northwestern Eritrea had largely come under the domination of the Beja, a Cushitic people from northeastern Sudan. The Beja brought Islam to large parts of Eritrea and connected the region to the greater Islamic world. Nonetheless, Christians of the Axumite era continued to inhabit these areas and retain their religion.

 

In the main highland area and adjacent coastline of what were previously Muslim (Beja) ruled areas, a Christian Kingdom called Midir Bahr or Midri Bahri (Tigrinya for land of the sea) arose, ruled by the Bahr Negus or Bahr Negash, ("ruler of the sea") emerged in the 15th century. The southeastern parts of Eritrea, inhabited by the independent Afar since ancient times, came to form part of the Islamic Adal Sultanate. Parts of the southwestern lowlands of Eritrea were under the dominion of the then Christian/Animist Funj Sultanate of Sinnar.

 

An invading force of the Turkish Ottoman Empire, under Suleiman I, conquered Massawa in 1557 from the Christians, building what is now considered the "old town" of Massawa on Batsi island. They also conquered the towns of Hergigo and Debarwa, the capital city of Yeshaq, the contemporary Christian Bahr Negus, before being driven back to the coast by 1578. The Ottomans remained in control of the important ports of Massawa and Hergigo and their environs, and maintained their dominion over the coastal areas for nearly 300 years, absorbing the coastal areas of the disintegrated Adal Sultanate as vassals in the 16th century. The Funj Sultanate of Sinnar converted to Islam in the 16th century but maintained independent control of the southwestern areas of Eritrea until being absorbed into the Ottoman Empire in the early 19th century.

 

With the feudal rule of the Bahr Negus in the predominantly Christian highland interior severely weakened from the 17th century up until modern times, the area was dubbed Mereb Mellash by locals and neighboring Ethiopians alike, meaning "beyond the Mereb" (in Tigrinya). This name defined the territory as being north of the Mareb River which to this day is a natural boundary between the modern states of Eritrea and Ethiopia.[18] Roughly the same area also came to be referred to as Hamasien, a name that survived until modern times, designating a much smaller area (province) immediately surrounding the capital Asmara, until being absorbed into the new administrative divisions in 1994. In these areas, feudal authority was particularly weak or nonexistent, and the autonomy of the landowning peasantry was particularly strong; a kind of republican rule was prevalent, governed by local customary laws legislated by elected elder's councils (shimagile). In 1770, the Scottish researcher James Bruce describes Hamasien and Abyssinia as "different countries who are often fighting" (SUKE, p. 25).

 

Colonialism

Italian colonisation arguably began with the purchase of the locality of Assab by a Roman Catholic priest by the name of Giuseppe Sapeto acting on behalf of a Genovese shipping company called "Rubattino" who bought the land from the Afar Sultan of Obock (a vassal of the Ottomans) in 1869. This happened in the same year as the opening of the Suez Canal.

 

With the approval of the Italian parliament and King Umberto I of Italy (later succeeded by his son Victor Emmanuel III), the government of Italy in 1879 bought the Rubattino company's holdings and from 1882 expanded its possessions northward along the Red Sea coast toward and beyond Massawa, encroaching on and quickly expelling previous 'Egyptian' possessions but meeting stiffer resistance in the Eritrean highlands from the invading army of the Emperor Yohannes IV of Ethiopia.

 

Italy declared Eritrea a territory of Italy as of New Years Day 1890. The Kingdom of Italy ruled Eritrea from 1890 to 1941. Approximately 100,000 Italian colonists settled during the 1930s in the Colonia Primigenia (as Eritrea was called by the Italians, meaning they considered Eritrea their first and most important colony). Some of the greatest feats accomplished by the Italian colonialists in Eritrea was the building of Eritrea's modern capital; Asmara, and the Eritrean railway.

 

Between 1936 and 1941, the fascist dictator Benito Mussolini briefly created the Italian Empire, with the short-lived union of Eritrea, Ethiopia and Italian Somaliland. Eritrea enjoyed considerable industrialization and development of modern infrastructure during Italian rule (such as roads and the Eritrean Railway). The Italians remained the colonial power in Eritrea throughout the lifetime of Fascism and the beginnings of World War II, until they were defeated by Allied forces in 1941, and Eritrea came under British administration.

 

In the Peace Treaty of February 1947, Italy surrendered all her colonies, including Eritrea. While under British trusteeship, the United Nations decided to federate Eritrea with Ethiopia in 1950 after a lengthy inquiry regarding the status of Eritrea.

 

Eritrean War of Independence

The sandals worn by the fighters of independence have become iconic. A monument in central Asmara of such sandals was erected in memoriam. Barely 10 years into the federation with Ethiopia, in 1961, the 30-year Eritrean Struggle for Independence began, following the Ethiopian Emperor Haile Selassie I's dissolution of the federation and shutting down of Eritrea's parliament.

 

The Emperor declared Eritrea the fourteenth province of Ethiopia in 1962.[22] Eritreans formed the Eritrean Liberation Front (ELF) and rebelled.

 

The ELF was initially a conservative grass-roots movement dominated by Muslim lowlanders. The ELF received backing from Nasser's Egypt as part of a policy of expanding Arab Nationalist political influence in the region (some Eritreans were Arabic-speakers - one of the rather loose conditions for being part of the 'Arab Nation'). Ethiopia's imperial government received support from the United States which had established a radio listening base, called the Kagnew Station, in Eritrea's Ethiopian-occupied capital, Asmara. Internal divisions within the ELF based on religion, ideology, ethnicity, clan and, sometimes, personalities, led to the weakening and factioning of the ELF from which sprang the Eritrean People's Liberation Front.

 

The EPLF professed Marxism and egalitarian values devoid of gender, religion, or ethnic bias. Its leadership was educated in China. It came to be supported by a growing Eritrean diaspora. Bitter fighting broke out between the ELF and EPLF during the late 1970s and 1980s for dominance over Eritrea. The ELF continued to dominate the Eritrean landscape well into the 1970s when the struggle for independence neared victory due to Ethiopia's internal turmoil caused by a socialist revolution against the monarchy there.

 

The ELF's gains suffered when Ethiopia's ailing US-backed Emperor was deposed and replaced by the Derg, a Marxist military junta with backing from the Soviet Union and other communist countries, who continued the Ethiopian policy of repressing Eritrean "separatists" with increased military assistance and fervor. Nevertheless, the Eritrean resistance, which saw itself forced to retreat from most of the Eritrean countryside it had previously occupied, became instead entrenched in the northern parts of the country around the Sudanese border from where the most important supply lines came. The heavily bombarded and embattled northern town of Nakfa came to symbolize the Eritrean struggle. (The Eritrean currency is named after it.)

 

The numbers of the EPLF swelled in the 1980s. The EPLF relied largely on armaments captured from the Ethiopian army itself as well as financial and political support from the Eritrean diaspora and the cooperation of neighboring states hostile to Ethiopia's government Somalia and Sudan (although the support of the latter turned into hostility in agreement with Ethiopia during the Gaafar Nimeiry administration between 1971 and 1985) as well as Ethiopian resistance and separatist movements. Drought, famine, and intensive offensives launched by the Ethiopian army on Eritrea took a heavy toll on the population — more than half a million fled to Sudan as refugees. In 1985, Eritrean elite commandos infiltrated the Ethiopian- and Soviet-held air force base in Asmara and destroyed all 30 fighter jets there, suffering only one casualty. In 1988, a massive Ethiopian military offensive against Eritrean rebels backfired with a third of the Ethiopian army annihilated in the northern Eritrean town of Afabet.

 

Following the decline of the Soviet Union in 1989 and diminishing support for the Ethiopian war, Eritrean rebels advanced further, capturing the port of Massawa and putting the Ethiopian and Soviet naval capabilities there out of action. By 1990 and early 1991 virtually all Eritrean territory had been liberated by the EPLF except for the capital, whose only connection with the rest of government-held Ethiopia during the last year of the war was by an air-bridge. In 1991, the Ethiopian army finally capitulated and its leader Mengistu Hailemariam fled to Zimbabwe where he resides to this day. Eritrean rebels entered the capital Asmara and began to govern Eritrea on May 24, 1991. The new Ethiopian government, consisting of a coalition of Ethiopian resistance and separatist movements allied with Eritrea's rebels, conceded Eritrea's demand to have an internationally (UN) supervised referendum dubbed UNOVER to be held in Eritrea. This took place in April 1993 with an overwhelming vote by Eritreans for independence. Independence was declared on May 24, 1993.

 

Independence

Upon Eritrea's declaration of independence, the leader of the EPLF, Isaias Afewerki, became Eritrea's first Provisional President, and the Eritrean People's Liberation Front (later renamed the People's Front for Democracy and Justice, or PFDJ) created a government.

 

Faced with limited economic resources and a country shattered by decades of war, the government embarked on a reconstruction and defense effort, later called the Warsai Yikalo Program, based on the labour of national servicemen and women. It is still continuing and deploys the conscripted, which is drawn from anyone male or female who has graduated high school, into a combination of duties ranging from military service to construction projects, health care, teaching and training/education as well as agricultural work to improve the country's food security.

 

The government also attempts to tap into the resources of the Eritreans living abroad by levying a 2% tax on the gross income of those who wish to gain full economic rights and access as citizens in Eritrea (land ownership, business licenses and other privileges for nationals etc), while at the same time encouraging tourism and investment both from Eritreans living abroad and other foreign investors. This has been complicated by Eritrea's tumultuous relations with its neighbours, lack of stability and subsequent political problems.

 

Eritrea severed diplomatic relations with Sudan in 1994, citing that the latter was hosting Islamic terrorist groups to destabilize Eritrea, and both countries entered into an acrimonious relationship, each accusing the other of hosting various opposition rebel groups or "terrorists" and soliciting outside support to destabilize the other. Diplomatic relations were resumed in 2005 following a reconciliation agreement reached with the help of Qatar's negotiation in 1999.[29][30] Eritrea now plays a prominent role in the internal Sudanese peace and reconciliation effort.

 

Perhaps the conflict with the deepest impact on independent Eritrea has been the renewed hostility with Ethiopia. In 1998, a border war with Ethiopia over the town of Badme occurred. The Eritrean-Ethiopian War ended in 2000 with a negotiated agreement known as the Algiers Agreement, which assigned an independent, UN-associated boundary commission known as the Eritrea-Ethiopia Boundary Commission (EEBC), whose task was to clearly identify the border between the two countries and issue a final and binding ruling. Along with the agreement the UN established a temporary security zone consisting of a 25-kilometre demilitarized buffer zone within Eritrea, running along the length of the disputed border between the two states and patrolled by UN troops in the mission named UNMEE. Ethiopia was to withdraw to positions held before the outbreak of hostilities in May 1998. The peace agreement would be completed with the implementation of the Border Commission's ruling, also ending the task of the peacekeeping mission of UNMEE. The EEBC's verdict came in April 2002, which awarded Badme to Eritrea. However, Ethiopia refused to withdraw its military from positions in the disputed areas, including Badme, and also refused to implement the EEBC's ruling, and the dispute is ongoing.

 

Eritrea's diplomatic relations with Djibouti were briefly severed during the border war with Ethiopia in 1998 due to a dispute over Djibouti's intimate relation with Ethiopia during the war but were restored and normalized in 2000. Relations are again tense due to a renewed border dispute. Similarly, Eritrea and Yemen had a border conflict between 1996 to 1998 over the Hanish Islands and the maritime border, which was resolved in 2000 by the Permanent Court of Arbitration in the Hague.

 

Geography

Eritrea is located in Northeast Africa, more specifically in the Horn of Africa, and is bordered on the northeast and east by the Red Sea. The country is virtually bisected by one of the world's longest mountain ranges, formed by the processes that formed the Great Rift Valley, with fertile lands to the west, descending to desert in the east. Eritrea, at the southern end of the Red Sea, is the home of the fork in the rift. The Dahlak Archipelago and its fishing grounds are situated off the sandy and arid coastline. The land to the south, in the highlands, is slightly drier and cooler.

 

The Afar Triangle or Danakil Depression of Eritrea is the probable location of a triple junction where three tectonic plates are pulling away from one another: the Arabian Plate, and the two parts of the African Plate (the Nubian and the Somali plate) splitting along the East African Rift Zone (USGS). The highest point of the country, Emba Soira, is located in the center of Eritrea, at 3,018 meters (9,902 ft) above sea level.

 

The main cities of the country are the capital city of Asmara and the port town of Asseb in the southeast, as well as the towns of Massawa to the east, and Keren to the north.

 

Other Info

Oficial Name:

tir: ሃግሬ ኤርትራ (Hagəre Ertra)

ara: دولة إرتريا (Dawlâtu Iritriyā)

Hagere Ertra

 

Independence:

May 24, 1991

-de jure May 24, 1993

 

Area:

121.320 km2

 

Inhabitants:

4.906.585

 

Language:

Afar [aar] 160,000 in Eritrea (2001 Johnstone and Mandryk). Southern Eritrea. May also be in Somalia. Alternate names: Afaraf, "Danakil", "Denkel". Dialects: Central Afar, Northern Afar, Aussa, Ba'adu. Classification: Afro-Asiatic, Cushitic, East, Saho-Afar

More information.

 

Arabic, Hijazi Spoken [acw] Red Sea coast. Alternate names: Hijazi. Classification: Afro-Asiatic, Semitic, Central, South, Arabic

More information.

 

Arabic, Standard [arb] Middle East, North Africa. Classification: Afro-Asiatic, Semitic, Central, South, Arabic

More information.

 

Bedawi [bej] 150,000 in Eritrea (2001 Johnstone and Mandryk). Population includes 20,000 Hadendoa (1970 Bendor). Alternate names: Bedàwie, Beja, Bedawiye, Bedawye, Bedauye, Bedwi, Bedya, Bedja, Lobat. Dialects: Hadareb (Hadaareb), Bisharin (Bisarin, Bisariab), Hadendoa (Hadendowa), Beni-Amir, Ababda, Amara. Classification: Afro-Asiatic, Cushitic, North

More information.

 

Bilen [byn] 70,000 (1995). Central Eritrea, in and around the town of Keren. Alternate names: Bogo, Bogos, Bilayn, Bilin, Balen, Beleni, Belen, Bilein, Bileno, North Agaw. Classification: Afro-Asiatic, Cushitic, Central, Northern

More information.

 

English [eng] Classification: Indo-European, Germanic, West, English

More information.

 

Italian [ita] A few monolinguals. Classification: Indo-European, Italic, Romance, Italo-Western, Italo-Dalmatian

More information.

 

Kunama [kun] 107,000 in Eritrea (2001 Johnstone and Mandryk). Population includes 1,000 in Ilit, 600 in Odasa. Population total all countries: 108,883. Western Eritrea, on the Gash and Setit rivers, Sudan border and into Tigray Province. Barka is south of Barentu; Marda is north, northeast, and east of Barentu and in Barentu; Aimara is west of Barentu; Laki-Tukura is south of Aimara, west of Barka; Tika is south of Laki-Tukura, west of Barka. None in Sudan. Also spoken in Ethiopia. Alternate names: Baza, Baaza, Bazen, Baazen, Baazayn, Baden, Baaden, Bada, Baada, Cunama, Diila. Dialects: Barka (Berka), Marda, Aimara (Aaimasa, Aymasa, Odasa), Tika (Tiika, Lakatakura-Tika), Ilit (Iliit, Iiliit, Iilit), Bitama (Bitaama), Sokodasa (Sogodas, Sogadas), Takazze-Setiit (Setiit, Setit), Tigray. Bitama and Ilit are nearly unintelligible to speakers of other Kunama. Barka is the largest dialect and intelligible to speakers of all others. Classification: Nilo-Saharan, Kunama

More information.

 

Nara [nrb] 80,000 (2001 Johnstone and Mandryk). In and north of Barentu, western Eritrea, adjoining Kunama territory which is to the south. Alternate names: Nera, "Barea", "Barya", "Baria", Higir, Koyta, Mogareb, Santora. Dialects: Considerable dialect variation within the four main groups: Higir, Mogareb, Koyta, Santora. Little intelligibility of Kunama. Classification: Nilo-Saharan, Eastern Sudanic, Eastern, Nara

More information.

 

Saho [ssy] 180,000 in Eritrea (2001 Johnstone and Mandryk). Population total all countries: 202,759. Southern Eritrea. Also spoken in Ethiopia. Alternate names: Sao, Shaho, Shoho, Shiho. Dialects: Very close to Afar. The Irob dialect is only in Ethiopia. Classification: Afro-Asiatic, Cushitic, East, Saho-Afar

More information.

 

Tigré [tig] 800,000 in Eritrea (1997 census). Also spoken in Sudan. Alternate names: Khasa, Xasa. Dialects: Mansa' (Mensa). Classification: Afro-Asiatic, Semitic, South, Ethiopian, North

More information.

 

Tigrigna [tir] 1,200,000 in Eritrea (2001 Johnstone and Mandryk). South and central Eritrea. Alternate names: Tigrinya, Tigray. Classification: Afro-Asiatic, Semitic, South, Ethiopian, North

More information.

  

Extinct languages

Geez [gez] Extinct. Alternate names: Ancient Ethiopic, Ethiopic, Ge'ez, Giiz. Classification: Afro-Asiatic, Semitic, South, Ethiopian, North

 

Capital city:

Asmara

 

Meaning country name:

Named by Italian colonizers, from the Latin name for the Red Sea "Mare Erythraeum" ("Erythraean Sea") which in turn derived from the ancient Greek name for the Red Sea: "Erythrea Thalassa".

 

Description Flag:

The current flag of Eritrea was adopted on December 5, 1995, and uses the basic layout of the flag of the Eritrean People's Liberation Front, with the wreath with upright olive branch symbol derived from the 1952 flag.

The flag is dominated by a red triangle extending from the hoist to the fly with complementary green and blue triangles above and below. Green stands for the fertility of the country respectively for agriculture; blue stands for the ocean and red for the blood lost in the fight for freedom. In the red triangle a yellow wreath symbol with 14 leaves on each side derived from the 1952 flag replaces the yellow star of the EPLF flag. The use of triangles is also important, because reading the flag from left to right it is important to note that the red shrinks which represents that in the end Eritrea will see peace and blood will no longer be spilled for the nation.

 

Coat of arms:

The Coat of Arms of Eritrea was adopted May 24, 1993, on the date of declaration of independence. It shows a dromedary in natural colors surrounded by an olive wreath. On the bottom is a band with the name of the nation in the official languages - English in the middle, Tigrinya on the left and Arabic on the right.

 

National Anthem: Ertra, Ertra, Ertra ,

Tigrinya: ኤርትራ ኤርትራ ኤርትራ

 

Tigrinya

ኤርትራ ኤርትራ ኤርትራ፡

በዓል ደማ እናልቀሰ ተደምሲሱ፡

መስዋእታ ብሓርነት ተደቢሱ።

  

መዋእል ነኺሳ ኣብ ዕላማ፡

ትእምርቲ ጽንዓት ኰይኑ ስማ፡

ኤርትራ'ዛ ሓበን ውጹዓት፡

ኣመስኪራ ሓቂ ከምትዕወት፡

  

ኤርትራ ኤርትራ (ክልተ ግዜ)

ኣብ ዓለም ጨቢጣቶ ግቡእ ክብራ።

 

ናጽነት ዘምጽኦ ልዑል ኒሕ፡

ንህንጻ ንልምዓት ክንሰርሕ፡

ስልጣኔ ከነልብሳ ግርማ

ሕድሪ'ሎና ግምጃ ክንስልማ፡

 

ኤርትራ ኤርትራ (ክልተ ግዜ)

ኣብ ዓለም ጨቢጣቶ ግቡእ ክብራ።

 

Tigrinya with Romanization

 

Ertra, Ertra, Ertra,

Beal dema'nalkese tedemsisu,

Meswaéta bharnet tdebisu.

 

Mewaél nekhisa'b élame,

TémErti tsnt koynu sma,

Ertra za haben wtsuAt,

Ameskira haki kem téwet.

 

Ertra, Ertra,

Abalem chebitato gbué kbra.

 

Natsänet zemtsä’ lä‘ul nihh,

N'hntsa n'lm‘at k'serihh,

S'lthane k'nelbsa grma,

Hihdri-lena gmja k'nslma.

 

Ertra, Ertra,

Abalem chebitato gbué kbra.

  

English translation

Eritrea, Eritrea, Eritrea,

Her enemy decimated,

and her sacrifices vindicated by liberation.

 

Steadfast in her goal,

symbolizing endurance,

Eritrea, the pride of her oppressed people,

proved that the truth prevails.

 

Eritrea, Eritrea,

holds her rightful place in the world.

 

Dedication that led to liberation,

Will buildup and make her green,

We shall honour her with progress,

We have a word to her to embellish.

 

Eritrea, Eritrea,

holds her rightful place in the world.

 

Internet Page: www.eritreaeritrea.com

www.shabait.com

 

eritrea in diferent languages

 

eng | afr | arg | ast | bre | cat | ces | cor | cym | dan | est | eus | fao | fin | glg | glv | hun | ibo | ina | ita | jav | jnf | lim | lld | mlg | mlt | nld | nor | roh | rup | slk | sme | spa | sqi | srd | swa | swe | tgl | vor: Eritrea

dsb | hrv | hsb | lav | slv: Eritreja

crh | kaa | uzb: Eritreya / Эритрея

deu | ltz | nds: Eritrea / Eritrea; Erythräa / Erythräa

hat | tur | zza: Eritre

hau | kin | run: Eritreya

ind | msa: Eritrea / اريتريا

pol | szl: Erytrea

aze: Eritreya / Еритреја

bam: Eritire

bos: Eritreja / Еритреја

epo: Eritreo

fra: Érythrée

frp: Èritrê

fur: Eritree

gla: Ertra

gle: An Eiritré / An Eiritré

haw: ʻElikilea

isl: Erítrea

kmr: Êrîtrê / Еритре / ئێریترێ

kur: Erître / ئەریترە

lat: Erythraea

lin: Elitré

lit: Eritrėja

mol: Eritreea / Еритрея

nrm: Éritraée

oci: Eritrèa

por: Eritreia / Eritréia

que: Iritrya

rmy: Eritreya / एरित्रेया

ron: Eritreea

scn: Eritrìa

slo: Eritrea / Еритреа

smg: Eritrėjė

smo: Eriteria

som: Ereteeriya; Eriteeriya; Eretareeya

tet: Eritreia

tuk: Eritreýa / Эритрея

vie: Ê-ri-tơ-rê-a

vol: Lerüträn

wln: Eritrêye

wol: Eritere

abq | alt | che | chm | kir | kjh | kom | krc | kum | rus | tyv | udm: Эритрея (Ėritreja)

bak: Эритрея / Eritreya

bel: Эрытрэя / Erytreja

bul: Еритрея (Eritreja)

chv: Эритрейӑ (Ėritrejă)

kaz: Эритрея / Erïtreya / ەريترەيا

kbd: Эритрея (Ăritreja)

mkd: Еритреа (Eritrea)

mon: Эритрей (Äritrej)

oss: Эритрей (Ėritrej)

srp: Еритреја / Eritreja

tat: Эритрея / Eritreä

tgk: Эритрея / اریتریه / Eritreja

ukr: Еритрея (Erytreja)

ara: إريتريا (Irītriyā); أريتريا (Arītriyā); إرتريا (Iritriyā); أرتريا (Aritriyā); إرتيريا (Irtīriyā); أرتيريا (Artīriyā)

fas: اریتره (Erītre)

prs: اریتریا (Erītriyā)

pus: اريتريا (Irītriyā); اېريتريا (Erītriyā)

uig: ئېرىترېيە / Éritréye / Эритрея

urd: اریٹریا (Irīṫriyā); ارٹریا (Iriṫriyā); اریٹیریا (Irīṫīriyā)

div: އެރިތްރިއާ (Eritri'ā)

heb: אריטראה (Erîṭreʾah); אריטריאה (Erîṭrêʾah); אריתריאה (Erîtrêʾah)

lad: איריטריאה / Eritrea

yid: עריטרײאַ (Eritreya)

amh | tir: ኤርትራ (Ertra)

ell-dhi: Ερυθραία (Eryṯraía)

ell-kat: Ἐρυθραία (Eryṯraía)

hye: Էրիտրեա (Ēritrea)

kat: ერიტრეა (Eritrea)

hin: इरिट्रिया (Iriṭriyā); एरिट्रिया (Eriṭriyā); एरीट्रिया (Erīṭriyā)

ben: ইরিত্রিয়া (Iritriyā); এরিট্রিয়া (Eriṭriyā)

pan: ਈਰਿਟਰੀਆ (Īriṭrīā)

kan: ಎರಿಟ್ರಿಯ (Eriṭriya)

mal: എരിട്രിയ (Eriṭriya)

tam: எரித்திரியா (Erittiriyā); எரித்ரியா (Eritriyā)

tel: ఎరిట్రియా (Eriṭriyā)

zho: 厄立特里亞/厄里特尼亚 (Èlǐtèlíyà)

jpn: エリトリア (Eritoria)

kor: 에리트레아 (Eriteuraea)

mya: အီရီထရီးယား (Iẏitʰáẏìyà)

tha: เอริเทรีย (Ēritʰriya)

khm: អេរីទ្រា (Erītrā)

 

Brazilians, known for their natural positive attitudes towards life in general, have demonstrated to be really proud and happy with the news that President Obama is going to be in the country this coming week-end.

 

Obama's agenda includes events in Brasilia on Saturday, and in Rio de Janeiro de following morning.

 

It is said he is scheduled to give a speech for the Brazilian people on Cinelândia Square, in dawntown Rio.

A visit to the Christ The Redeemer and to a favela are also on the program.

 

AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA

   

The Government of the Federative Republic of Brazil

   

and

   

The Government of the United States of America

 

(hereinafter, the “Parties");

   

Desiring to promote an international aviation system based on competition among airlines in the marketplace with minimum government interference and regulation;

   

Desiring to make it possible for airlines to offer the traveling and shipping public a variety of service options, and wishing to encourage individual airlines to develop and implement innovative and competitive prices;

   

Desiring to facilitate the expansion of international air transport opportunities;

   

Desiring to ensure the highest degree of safety and security in international air transport and reaffirming their grave concern about acts or threats against the security of aircraft, which jeopardize the safety of persons or property, adversely affect the operation of air transportation, and undermine public confidence in the safety of civil aviation; and

   

Being Parties to the Convention on International Civil Aviation, done at Chicago December 7, 1944;

   

Have agreed as follows:

   

Article 1

 

Definitions

   

For the purposes of this Agreement, unless otherwise stated, the term:

   

1) "Aeronautical authorities" means, in the case of the United States , the Department of Transportation and in the case of Brazil , the National Civil Aviation Agency (ANAC), and any person or agency authorized to perform functions exercised by the Department of Transportation or said National Civil Aviation Agency (ANAC);

   

2) "Agreement" means this Agreement and any amendments thereto;

   

3) "Air transportation" means the public carriage by aircraft of passengers, baggage, cargo, and mail, separately or in combination, scheduled or charter, for remuneration or hire;

   

4) “Airline of a Party” means an airline that has received its Air Operator’s Certificate (AOC) from and has its principal place of business in the territory of that Party;

   

5) “Convention” means the Convention on International Civil Aviation, done at Chicago December 7, 1944, and includes:

   

a. any amendment that has entered into force under Article 94(a) of the Convention and has been ratified by both Parties, and

   

b. any Annex or any amendment thereto adopted under Article 90 of the Convention, insofar as such Annex or amendment is at any given time effective for both Parties;

   

6) "Full cost" means the cost of providing service plus a reasonable charge for administrative overhead;

   

7) "International air transportation" means air transportation that passes through the airspace over the territory of more than one State;

   

8) "Price" means any fare, rate, or charge for the carriage of passengers, baggage, or cargo (excluding mail) in air transportation, including surface transportation in connection with international air transportation, charged by airlines, including their agents, and the conditions governing the availability of such fare, rate, or charge;

   

9) "Stop for non-traffic purposes" means a landing for any purpose other than taking on or discharging passengers, baggage, cargo, or mail in air transportation;

   

10) "Territory" means the land areas, internal waters, and territorial sea under the sovereignty of a Party; and

   

11) "User charge" means a charge imposed on airlines for the provision of airport, airport environmental, air navigation, or aviation security facilities or services, including related services and facilities.

   

Article 2

 

Grant of Rights

   

1. Each Party grants to the other Party the following rights for the conduct of international air transportation by the airlines of the other Party:

   

a) the right to fly across its territory without landing;

   

b) the right to make stops in its territory for non-traffic purposes;

   

c) the right to perform international air transportation between points on the following routes:

   

i. for airlines of the United States, from points behind the United States via the United States and intermediate points to any point or points in Brazil and beyond;

   

ii. for airlines of Brazil, from points behind Brazil via Brazil and intermediate points to any point or points in the United States and beyond; and

   

d) the rights otherwise specified in this Agreement.

   

2. Each airline of a Party may, on any or all flights and at its option:

   

a) operate flights in either or both directions;

   

b) combine different flight numbers within one aircraft operation;

   

c) serve behind, intermediate, and beyond points and points in the territories of the Parties in any combination and in any order;

   

d) omit stops at any point or points;

   

e) transfer traffic from any of its aircraft to any of its other aircraft at any point;

   

f) serve points behind any point in its territory with or without change of aircraft or flight number and hold out and advertise such services to the public as through services;

   

g) make stopovers at any points whether within or outside the territory of either Party;

   

h) carry transit traffic through the other Party’s territory; and

   

i) combine traffic on the same aircraft regardless of where such traffic originates;

   

without directional or geographic limitation and without loss of any right to carry traffic otherwise permissible under this Agreement, provided that the transportation is part of a service that serves a point in the homeland of the airline.

   

3. On any segment or segments of the routes above, any airline of a Party may perform international air transportation without any limitation as to change, at any point on the route, in type or number of aircraft operated, provided that in the outbound direction, the transportation beyond such point is a continuation of the transportation from the homeland of the airline and, in the inbound direction, the transportation to the homeland of the airline is a continuation of the transportation from beyond such point.

   

4. Nothing in this Article shall be deemed to confer on the airline or airlines of one Party the rights to take on board, in the territory of the other Party, passengers, baggage, cargo, or mail carried for compensation and destined for another point in the territory of that other Party.

   

Charter Operations

   

5. Each Party shall authorize passenger, cargo, and combination charter operations without limitation on the number of flights. Nothing in this paragraph shall limit the rights of a Party to require airlines of both Parties to adhere to requirements relating to the protection of passenger funds and passenger cancellation and refund rights.

   

Article 3

 

Authorization

   

Each Party, on receipt of applications from an airline of the other Party, in the form and manner prescribed for operating authorizations and technical permissions, shall grant appropriate authorizations and permissions with minimum procedural delay, provided that:

   

a) substantial ownership and effective control of that airline are vested in the other Party, nationals of that Party, or both;

   

b) the airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air transportation by the Party considering the application or applications; and

   

c) the other Party is maintaining and administering the provisions set forth in Article 6 (Safety) and Article 7 (Aviation Security) of this Agreement.

   

Article 4

 

Revocation of Authorization

   

1. Either Party may revoke, suspend or limit the operating authorizations or technical permissions of an airline where:

   

a) that airline is not an airline of the other Party under Article 1(4);

   

b) substantial ownership and effective control of that airline are not vested in the other Party, the Party's nationals, or both; or

   

c) that airline has failed to comply with the laws and regulations referred to in Article 5 (Application of Laws) of this Agreement.

   

2. Unless immediate action is essential to prevent further noncompliance with subparagraph 1c of this Article, the rights established by this Article shall be exercised only after consultation with the other Party.

   

3. This Article does not limit the rights of either Party to withhold, revoke, suspend, limit or impose conditions on the operating authorization or technical permission of an airline or airlines of the other Party in accordance with the provisions of Article 6 (Safety) or Article 7 (Aviation Security) of this Agreement.

   

Article 5

 

Application of Laws

   

1. The laws and regulations of a Party relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be complied with by such aircraft upon entering, when departing from, or while within the territory of the first Party.

   

2. While entering, within, or leaving the territory of one Party, its laws and regulations relating to the admission to or departure from its territory of passengers, crew or cargo on aircraft (including regulations relating to entry, clearance, aviation security, immigration, passports, customs, and quarantine or, in the case of mail, postal regulations) shall be complied with by, or on behalf of, such passengers, crew or cargo of the other Party's airlines.

   

Article 6

 

Safety

   

1. Each Party shall recognize as valid, for the purpose of operating the air transportation provided for in this Agreement, certificates of airworthiness, certificates of competency, and licenses issued or validated by the other Party and still in force, provided that the requirements for such certificates or licenses at least equal the minimum standards that may be established pursuant to the Convention. Each Party may, however, refuse to recognize as valid for the purpose of flight above its own territory, certificates of competency and licenses granted to or validated for its own nationals by the other Party.

   

2. Either Party may request consultations concerning the safety standards maintained by the other Party relating to aeronautical facilities, aircrews, aircraft, and operation of airlines of that other Party

   

3. If, following such consultations, one Party finds that the other Party does not effectively maintain and administer the safety standards and requirements in the areas referred to in paragraph 2 of this Article that at least equal the minimum standards that may be established pursuant to the Convention, the other Party shall be notified of such findings and the steps considered necessary to conform with these minimum standards, and the other Party shall take appropriate corrective action within a reasonable time period.

   

4. Each Party reserves the right to withhold, revoke, suspend, limit, or impose conditions on the operating authorization or technical permission of an airline or airlines of the other Party in the event the other Party does not take such appropriate corrective action within a reasonable time and to take immediate action, prior to consultations, as to such airline or airlines if the other Party is not maintaining and administering the standards referred to in paragraph 3 of this Article and immediate action is essential to prevent further noncompliance.

   

5. Any action by one Party in accordance with paragraph 4 above shall be discontinued once the basis for the taking of that action ceases to exist.

   

6. With reference to paragraphs 3 and 4, if it is determined that one Party remains in non compliance with ICAO standards when a reasonable time period has elapsed, the Secretary General of ICAO should be advised thereof. The latter should also be advised of the subsequent satisfactory resolution of the situation.

   

Article 7

 

Aviation Security

   

1. The Parties affirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Parties shall in particular act in conformity with the provisions of the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, done at Tokyo September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague December 16, 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal September 23, 1971, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal February 24, 1988, and the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done at Montreal March 1, 1991, as well as with any other convention relating to the security of civil aviation that is binding on both Parties.

   

2. The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, of their passengers and crew, and of airports and air navigation facilities, and to address any other threat to the security of civil air navigation.

   

3. The Parties shall, in their mutual relations, act in conformity with the aviation security standards and appropriate recommended practices established by the International Civil Aviation Organization and designated as Annexes to the Convention; they shall require that operators of aircraft of their registry, operators of aircraft that have their principal place of business or permanent residence in their territory, and the operators of airports in their territory act in conformity with such aviation security provisions.

   

4. Each Party agrees that such operators of aircraft may be required to observe the security provisions required by the other Party for entry into, for departure from, and while within the territory of that other Party and to take adequate measures to protect aircraft and to inspect passengers, crew, and their baggage and carry-on items, as well as cargo and aircraft stores, prior to and during boarding or loading. Each Party shall also give positive consideration to any request from the other Party for special security measures to meet a particular threat.

   

5. When an incident or threat of an incident of unlawful seizure of aircraft or other unlawful acts against the safety of passengers, crew, aircraft, airports or air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat.

   

6. Each Party shall allow, within sixty (60) days following notice, the appropriate authorities of the other Party to conduct an assessment in the territory of the first Party of the security measures being carried out by aircraft operators in respect of flights between the territories of the Parties and those flights of aircraft operators with a registry in the territory of the Party conducting the assessment. The administrative arrangements for the conduct of such assessments shall be agreed between the appropriate authorities of the Parties and implemented without delay so as to ensure that assessments will be conducted expeditiously. The assessment reports will be held in confidence by the Parties.

   

7. With full regard for each Party’s responsibility for ensuring effective implementation of the Standards and appropriate Recommended Practices set forth in Annex 17 to the Convention, and as recognized in paragraph 3 of this Article, the Parties shall have the right, and shall provide all necessary assistance to each other, for their appropriate authorities to conduct technical airport security visits in the territory of the other Party for the purpose of verifying that the security measures required under Annex 17 to the Convention are effectively being carried out. The appropriate authorities of the Parties shall coordinate such visits, providing each other at least sixty (60) days written notice, to identify the airports to be visited, the dates of the visits, and the scope of each visit. The reports from technical airport security visits will be held in confidence by the Parties.

   

8. When a Party has reasonable grounds to believe that the other Party has departed from the aviation security provisions of this Article, the aeronautical authorities of that Party may request immediate consultations with the aeronautical authorities of the other Party. Failure to reach a satisfactory agreement within 15 days from the date of such request shall constitute grounds to withhold, revoke, suspend, limit, or impose conditions on the operating authorization and technical permissions of an airline or airlines of that Party. When required by an emergency, a Party may take interim action prior to the expiry of 15 days.

   

Article 8

 

Commercial Opportunities

   

1. Each Party shall accord airlines of the other Party the right to sell and market international air services in its territory directly, or through agents or other intermediaries of the airline's choice, including the right to establish offices.

   

2. Each airline shall have the right to sell air transportation in the currency of that territory, or in freely convertible currencies of other countries, and any person shall be free to purchase such transportation in currencies accepted by that airline.

    

3. An airline of a Party may engage in the sale of air transportation in the territory of the other Party directly and, at the airline's discretion, through its agents, except as may be specifically provided by the charter regulations of the country in which the charter originates that relate to the protection of passenger funds, and passenger cancellation and refund rights. Each airline shall have the right to sell such transportation, and any person shall be free to purchase such transportation, in the currency of that territory or in freely convertible currencies.

   

Airline Representatives

   

4. The airlines of each Party shall be entitled, on the basis of reciprocity, and in accordance with the laws and regulations of the other Party relating to entry, residence, and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational, and other specialist staff required for the provision of air transportation.

   

5. These staff requirements may, at the option of the airline or airlines of one Party, be satisfied by its own personnel or by using the services of any other organization, company or airline operating in the territory of the other Party and authorized to perform such services for other airlines.

   

6. The representatives and staff shall be subject to the laws and regulations in force of the other Party, and consistent with such laws and regulations:

   

a) each Party intends, with the minimum of delay, to adjudicate the necessary employment authorizations, visitor visas or other similar documents to the representatives and staff referred to in paragraph 4 of this Article; and

   

b) both Parties intend to facilitate and expedite the requirement of employment authorizations for personnel performing certain temporary duties not exceeding ninety (90) days.

   

Ground-handling

   

7. Each airline shall have the right to perform its own ground-handling in the territory of the other Party ("self-handling") or, at the airline’s option, select among competing agents for such services in whole or in part. The rights shall be subject only to physical constraints resulting from considerations of physical limitations of facilities and airport safety. Where such considerations preclude self-handling, ground services shall be available on a non-discriminatory basis to all airlines; charges shall be based on the costs of services provided; and such services shall be comparable to the kind and quality of services as if self-handling were possible.

   

Currency Conversion and Remittance of Earnings

   

8. Each airline shall have the right to convert and remit to its country and, except where inconsistent with generally applicable law or regulation, any other country or countries of its choice, on demand, local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance.

   

9. The conversion and remittance of such revenues shall be permitted in conformity with the applicable laws and regulations, provided that such laws and regulations do not diminish the rights granted by this Agreement and such transactions are not subject to any administrative or exchange charges except those normally made by banks for the carrying out of such conversion and remittance.

   

10. The provisions of this Article do not exempt the airlines of either Party from the duties, taxes and contributions to which they are subject, provided that such duties, taxes and contributions do not diminish the rights granted by this Agreement.

   

11. The airlines of each Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency. At their discretion, the airlines of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies according to local currency regulation.

   

Code Sharing

   

12. In operating or holding out the authorized services under this Agreement, any airline of one Party may enter into cooperative marketing arrangements such as blocked-space, code-sharing, or leasing arrangements, with:

   

a) an airline or airlines of either Party;

   

b) an airline or airlines of a third country; and

   

c) a surface transportation provider of any country;

   

provided that all participants in such arrangements (i) hold the appropriate authority and (ii) meet the requirements normally applied to such arrangements.

   

Intermodal Services

   

13. Airlines and indirect providers of cargo transportation of both Parties shall be permitted, without restriction, to employ in connection with international air transportation any surface transportation for cargo to or from any points in the territories of the Parties or in third countries, including to and from all airports with customs facilities and to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Airlines may elect to perform their own surface transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other airlines and indirect providers of cargo air transportation. Such intermodal cargo services may be offered at a single, through price for the air and surface transportation combined, provided that shippers are not misled as to the facts concerning such transportation.

   

Article 9

 

Customs Duties and Charges

   

1. On arriving in the territory of one Party, aircraft operated in international air transportation by the airlines of the other Party, their regular equipment, ground equipment, fuel, lubricants, consumable technical supplies, spare parts (including engines), aircraft stores (including but not limited to such items of food, beverages and liquor, tobacco, and other products destined for sale to or use by passengers in limited quantities during flight), and other items intended for or used solely in connection with the operation or servicing of aircraft engaged in international air transportation shall be exempt, on the basis of reciprocity, from all import restrictions, property taxes and capital levies, customs duties, excise taxes, and similar fees and charges that are (a) imposed by the national authorities, and (b) not based on the cost of services provided, provided that such equipment and supplies remain on board the aircraft.

   

2. There shall also be exempt, on the basis of reciprocity, from the taxes, levies, duties, fees, and charges referred to in paragraph 1 of this Article, with the exception of charges based on the cost of the service provided:

   

a) aircraft stores introduced into or supplied in the territory of a Party and taken on board, within reasonable limits, for use on outbound aircraft of an airline of the other Party engaged in international air transportation, even when these stores are to be used on a part of the journey performed over the territory of the Party in which they are taken on board;

   

b) ground equipment and spare parts (including engines) introduced into the territory of a Party for the servicing, maintenance, or repair of aircraft of an airline of the other Party used in international air transportation;

   

c) fuel, lubricants, and consumable technical supplies introduced into or supplied in the territory of a Party for use in an aircraft of an airline of the other Party engaged in international air transportation, even when these supplies are to be used on a part of the journey performed over the territory of the Party in which they are taken on board; and

   

d) promotional and advertising materials introduced into or supplied in the territory of one Party and taken on board, within reasonable limits, for use on outbound aircraft of an airline of the other Party engaged in international air transportation, even when these materials are to be used on a part of the journey performed over the territory of the Party in which they are taken on board.

   

3. Equipment and supplies referred to in paragraphs 1 and 2 of this Article may be required to be kept under the supervision or control of the appropriate authorities.

   

4. The exemptions provided by this Article shall also be available where the airlines of one Party have contracted with another airline, which similarly enjoys such exemptions from the other Party, for the loan or transfer in the territory of the other Party of the items specified in paragraphs 1 and 2 of this Article.

   

Article 10

 

User Charges

   

1. User charges that may be imposed by the competent charging authorities or bodies of each Party on the airlines of the other Party shall be just, reasonable, not unjustly discriminatory, and equitably apportioned among categories of users. In any event, any such user charges shall be assessed on the airlines of the other Party on terms not less favorable than the most favorable terms available to any other airline at the time the charges are assessed.

   

2. User charges imposed on the airlines of the other Party may reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such charges may include a reasonable return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis.

   

3. Each Party shall encourage consultations between the competent charging authorities or bodies in its territory and the airlines using the services and facilities, and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraphs 1 and 2 of this Article. Each Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before changes are made.

   

4. Neither Party shall be held, in dispute resolution procedures pursuant to Article 15 of this Agreement, to be in breach of a provision of this Article, unless (a) it fails to undertake a review of the charge or practice that is the subject of complaint by the other Party within a reasonable amount of time; or (b) following such a review it fails to take all steps within its power to remedy any charge or practice that is inconsistent with this Article.

   

Article 11

 

Competition

   

1. Each Party shall allow a fair and equal opportunity for the airlines of both Parties to compete in providing the international air transportation governed by this Agreement.

   

Capacity

   

2. Each Party shall allow each airline to determine the frequency and capacity of the international air transportation it offers based upon commercial considerations in the marketplace. Consistent with this right, neither Party shall unilaterally limit the volume of traffic, frequency, or regularity of service, or the aircraft type or types operated by the airlines of the other Party, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Convention.

   

3. Neither Party shall impose on the other Party's airlines a first-refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity, frequency, or traffic that would be inconsistent with the purposes of this Agreement.

   

4. Neither Party shall require the filing of schedules, programs for charter flights, or operational plans by airlines of the other Party for approval, except as may be required on a non-discriminatory basis to enforce the uniform conditions foreseen by paragraph 2 of this Article or as may be specifically authorized in this Agreement. If a Party requires filings for information purposes, it shall minimize the administrative burdens of filing requirements and procedures on air transportation intermediaries and on airlines of the other Party.

 

Article 12

 

Pricing

   

1. Each Party shall allow prices for air transportation to be established by airlines of both Parties based upon commercial considerations in the marketplace.

   

2. Either Party may require notification to or filing with its aeronautical authorities of prices to be charged to or from its territory by airlines of the other Party. Such notification or filing by the airlines may be required to be made no earlier than the initial offering of a price.

   

Article 13

 

Consultations

   

Either Party may, at any time, request consultations relating to this Agreement. Such consultations shall begin at the earliest possible date, but not later than 60 days from the date the other Party receives the request unless otherwise agreed.

   

Article 14

 

Amendment

   

The Parties may amend this Agreement, at any time, in writing. Such amendments shall enter into force on the date of receipt of the later note in an exchange of diplomatic notes between the Parties confirming that all necessary internal procedures for entry into force of the amendments have been completed.

   

Article 15

 

Settlement of Disputes

   

Any dispute arising under this Agreement, except those that may arise under Article 12 (Pricing) of this Agreement, that is not resolved within 30 days of the date established for consultations pursuant to a request under Article 13 of this Agreement, shall be settled through diplomatic channels and, if not settled, be referred by agreement of the Parties to mediation. If the Parties do not so agree, the dispute shall be submitted to arbitration at the request of either Party, upon written notice through diplomatic channels. Arbitration shall be carried out in accordance with the procedures agreed to by the Parties.

   

Article 16

 

Termination

   

Either Party may, at any time, give notice in writing, through diplomatic channels, to the other Party of its decision to terminate this Agreement. Such notice shall be sent simultaneously to the International Civil Aviation Organization. This Agreement shall terminate at midnight (at the place of receipt of the notice to the other Party) at the end of the International Air Transport Association (IATA) traffic season in effect one year following the date of written notification of termination, unless the notice is withdrawn by agreement of the Parties before the end of this period.

   

Article 17

 

Registration with ICAO

   

This Agreement and all amendments thereto shall be registered with the International Civil Aviation Organization.

   

Article 18

 

Entry into Force

   

1. This Agreement shall enter into force on the date of receipt of the later note in an exchange of diplomatic notes between the Parties confirming that all necessary internal procedures for entry into force of the Agreement have been completed.

   

2. Upon entry into force, this Agreement shall supersede the Agreement between the Government of the United States of America and the Government of the Federative Republic of Brazil on Air Transport, signed at Brasilia March 21, 1989, as amended.

   

In witness whereof the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

   

Done at Brasilia , this 19th day of March, 2011, in two originals, in the Portuguese and English languages, both texts being equally authentic.

  

THE COSMOPOLITAN™ OF LAS VEGAS NEW YEAR'S EVE CELEBRATION FEATURING STEVIE WONDER SWEEPSTAKES

OFFICIAL RULES

 

No Purchase Necessary to Enter or Win. VOID WHERE PROHIBITED BY LAW OR REGULATION. PARTICIPANTS MUST BE 21 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Flickr, Facebook or Twitter. You understand that you are providing your information to The Cosmopolitan™ of Las Vegas and not to Flickr, Facebook or Twitter. The Cosmopolitan of Las Vegas’ privacy policy can be found at www.cosmopolitanlasvegas.com/privacy-policy.aspx

 

1. PROMOTION DESCRIPTION. The Cosmopolitan™ of Las Vegas New Year’s Eve Celebration featuring Stevie Wonder Giveaway (the “Sweepstakes”) begins on Tuesday, November 21, 2011 on or around 12:00 p.m. Pacific Standard Time (“PST”) and ends on Thursday, December 22, 2011 at 11:59 p.m. Pacific Standard Time (“PST”) (the “Promotion Period”). Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Nevada Property 1 LLC dba The Cosmopolitan of Las Vegas (the “Sponsor”) whose decisions shall be final and legally binding in all respects.

 

2. ELIGIBILITY. This promotion is open to legal U.S. residents (excluding Puerto Rico, U.S. Virgin Islands and Guam), who are twenty-one (21) years of age or older at the time of entry and who reside in the United States at the time of entry. Employees, officers, and directors of Sponsor, promotion prize suppliers, and each of their affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of materials, their advertising and promotion agencies, and any and all other companies associated with the promotion agents (collectively, the “Promotion Entities”), and each of their immediate family members (as defined by the IRS) and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state, and local laws and regulations. All entries submitted are the property of the Sponsor. The Sweepstakes is void where prohibited.

 

3. PROMOTION (“Sweepstakes”) PERIOD. “The Cosmopolitan of Las Vegas New Year's Eve Celebration featuring Stevie Wonder” sweepstakes promotion period run as follows:

 

- November 21 – December 22, 2011: Begins at or around 12:00 PM PST (Pacific Standard Time) on November 21, 2011 and ends at 11:59 PM PST (Pacific Standard Time) on December 22, 2011 (“Sweepstakes/Promotion Period”)

 

4. SPONSOR. Nevada Property 1 LLC, dba The Cosmopolitan of Las Vegas, 3708 Las Vegas Boulevard South, Las Vegas, NV 89109

 

5. AGREEMENT TO THE OFFICIAL RULES: By participating in the Sweepstakes and providing an email address ENTRANTS GRANT PERMISSION to The Cosmopolitan of Las Vegas to email company updates and announcements (you can unsubscribe at any time); and all entrants fully and unconditionally agree to and accept these Official Rules and the Sponsor’s decisions which are final and binding in all matters related to the Sweepstakes. Winning the prize (described below) is contingent upon fulfilling all requirements set forth herein.

 

6. ODDS OF WINNING. Odds of winning will depend upon the number of eligible entries received.

 

7. PRIZES AND THE VALUE OF THE PRIZES. The winner will receive a pair of tickets (two General Admission tickets) to The Cosmopolitan of Las Vegas New Year's Eve Celebration featuring Stevie Wonder taking place on December 31, 2011 at The Cosmopolitan of Las Vegas, located at 3708 Las Vegas Boulevard South, Las Vegas, Nevada 89109. Prizes must be redeemed and used by December 31, 2011 (date of show). The Cosmopolitan of Las Vegas New Year's Eve Celebration featuring Stevie Wonder general admission (GA) concert tickets are valued at two hundred fifty dollars ($250.00) each, with a total value for prize (2 tickets) totaling five hundred dollars ($500.00). There will be two (2) winners in total that will receive the prize of a pair of tickets (two tickets) to The Cosmopolitan of Las Vegas New Year's Eve Celebration featuring Stevie Wonder for an overall prize value from all prizes awarded of one thousand dollars ($1,000.00).

 

8. PRIZE NOTES. Winner must be twenty-one (21) years of age or older in order to redeem and participate in the Prize activities. Winner must have proper identification documents, as it may be required at time of redemption and entrance into show. Prizes will be awarded only if the potential Prize Winner fully complies with these Official Rules. Taxes on any prize are solely the responsibility of each winner. Prizes are non-assignable and non-transferable. This means that the winner is not allowed to transfer or sell any portion of the Prize on eBay, Craigslist, Stubhub or any other online site or offline location. The Sponsor at their sole discretion will determine all details and other restrictions of any prize not specified in these Official Rules. No cash alternative or substitution will be allowed, except Sponsors reserve the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. The prize restrictions/conditions stated herein are not all-inclusive and the Prizes described above may be subject to additional restrictions/conditions, which may be stated in the “Prize Claim Documents” (defined below). In the event the Prize winner or his or her guest engages in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the awarded prize, in whole or in part, with no further compensation. All gratuities, taxes, incidental expenses, registrations, fees or charges, and other expenses not specified herein are the sole responsibility of the Prize Winner and his or her guest.

 

9. HOW TO ENTER. Two ways to enter:

 

A. TWITTER: Limit one (1) qualifying entry tweet per Twitter account. Multiple tweets/entries will not be counted. Throughout the sweepstakes promotion period @Cosmopolitan_LV will send sweepstakes promotion tweets asking followers to tweet their New Year’s resolution. To enter, reply to the sweepstakes promotion tweet sent by @Cosmopolitan_LV with your New Year’s resolution. To be eligible, you must follow @Cosmopolitan_LV on Twitter and include in your reply “@Cosmopolitan_LV,” your New Year’s resolution and the #TCOLVnye hashtag. Each follow and tweet counts as one registration. A person can register once. In the event of a dispute over the identity of an entrant, the entrant will be the registered owner of the Twitter account. Multiple entries will not be acknowledged.

 

B. FACEBOOK: Limit one (1) entry per person. Multiple entries will not be acknowledged. The Cosmopolitan will begin the Sweepstakes/promotion giveaway by announcing it on its twitter handle/username at @Cosmopolitan_LV and posting on its Facebook Wall with a link to the sweepstakes reveal page where entrants MUST first become a “fan” by “Liking” The Cosmopolitan Facebook Page and then the entry form is revealed to entrant. The reveal and entry page are located at www.facebook.com/TheCosmopolitan?sk=app_128493897245038 NOTE: The sweepstakes entry form is not hosted on Facebook and entrants must understand that they are providing their information to The Cosmopolitan™ of Las Vegas and not to Facebook.

 

Entries will not be acknowledged or returned. Sponsor assumes no responsibility for incomplete, late or misdirected entries.

 

All entries are subject to verification by the Sponsor. Entries that do not meet the Sweepstakes specifications, or otherwise do not comply with the Official Rules herein may be automatically disqualified. Incomplete entries will be automatically disqualified. No responsibility is assumed for incomplete, late, misdirected, damaged, altered, or illegible entries. Any attempted form of entry other than as described herein is void. Sponsor will determine in its sole discretion, what constitutes a valid entry.

 

Sponsor reserves the right to cancel or modify the Sweepstakes if fraud or technical failures destroy the integrity of the Sweepstakes as determined by the Sponsor, in its sole discretion, and to award the prizes based on eligible entries received prior to the cancellation.

 

By entering the Sweepstakes, all entrants grant an irrevocable, perpetual, worldwide non-exclusive license to Authorized Parties, to reproduce, distribute, display and create derivative works of the entries (along with a name credit) in connection with the Sweepstakes and promotion of the Sweepstakes, in any media now or hereafter known, including, but not limited to, display at a potential exhibition of winners, or online highlighting entries or winners of the Sweepstakes. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant’s “moral rights” in their entries. Display or publication of any entry on an Authorized Party’s website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Sweepstakes, and pictures or likenesses of Sweepstakes entrants, or choose not to do so, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.

 

Limit: One (1) entry per person for the Sweepstakes/Promotion Period. Entries made on another’s behalf by any other individuals or any other entity, including but not limited to commercial contest/sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for the Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.

 

NOTICE REGARDING ONLINE ENTRIES: Sponsor is not responsible for problems of any sweepstakes-related information to or from the website or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in the Sweepstakes.

 

10. WINNER SELECTIONS AND NOTIFICATION TO WINNERS. One (1) winner from the Facebook entries and one (1) winner from the Twitter entries will be determined at random selection from the entries that have ALL the required fields on the Facebook entry page properly completed with the correct information; and for Twitter, from all the entries that have the required elements (stated above in section 9. HOW TO ENTER) in the entry tweet. The Facebook winner will receive an email notification stating that he or she has won. To claim and receive prize the winner must reply to the email notification by the deadline to claim prize. For Twitter, the winner will be notified via Direct Message (DM) and will be required to provide their real name (legal name that’s on a government issued identification document, i.e. valid driver’s license or passport) and a valid email address. Exact deadline for “The Cosmopolitan of Las Vegas New Year’s Eve Celebration featuring Stevie Wonder Giveaway” (“Sweepstakes”) and winner selection and notification period is as follows:

 

- November 21 – December 22, 2011 Sweepstakes/Promotion Period: One (1) winner from Facebook entries and one (1) winner from Twitter entries will be selected and notified on December 23, 2011 and winner has until December 24, 2011 at 5:00PM PST to claim prize.

 

If any prize is not claimed by the deadline to claim prize then a second-chance winner selection will be conducted. The second-chance winner will also be notified by email and will have twenty-four (24) hours to claim prize. Participants in any second-chance drawings will consist of all remaining non-winning entrants for the Sweepstakes Period. If any prizes from second-chance drawings are not claimed within the 24-hour period, those prizes will not be awarded.

 

11. GENERAL PRIZE RESTRICTIONS/CONDITIONS/LIMITATIONS OF LIABILITY. Prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release form (collectively, “Prize Claim Documents”).

 

By entering the Sweepstakes, all entrants agree to release, discharge, and hold harmless Promotion Entities and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in the Sweepstakes or any Sweepstakes-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder. Promotion Entities assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Sweepstakes entries or entry forms; or alteration of entries or entry forms. Sponsor is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to in the Sweepstakes.

 

12. PUBLICITY RELEASE. Acceptance of any Prize constitutes Prize Winner’s permission for the Promotion Entities to use Prize Winner’s entry materials, name, photograph, likeness, voice, biographical information, statements and complete address (collectively, the “Attributes”), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Promotion Entities from all claims arising out of the use of such Attributes.

 

13. DISQUALIFICATION/FORCE MAJEURE. Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete, inaccurate, or stolen, submissions or prize notifications. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

14. GOVERNING LAW/JURISDICTION. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEVADA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

 

15. ARBITRATION PROVISION. By participating in the Sweepstakes, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement, will be resolved individually and exclusively in the courts of Las Vegas, NV.

 

16. WINNERS LIST/OFFICIAL RULES. To obtain a copy of these Official Rules (print this page) and/or any legally-required winner list, send a self-addressed stamped envelope to: The Cosmopolitan of Las Vegas, ATTN: Marketing Department-NYE Celebration featuring Stevie Wonder Sweepstakes, 3708 Las Vegas Boulevard South, Las Vegas, NV 89109. All such requests must be received by 12/31/2011. Allow four to six weeks for delivery of winner name.

 

© 2011 The Cosmopolitan of Las Vegas. All Rights Reserved.

 

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Flickr, Facebook or Twitter.

 

Title: Illinois Agricultural Association record [microform]

Identifier: 5060538.1923-1930

Year: 1923 (1920s)

Authors: Illinois Agricultural Association; Illinois Agricultural Association. Record

Subjects: Agriculture -- Illinois

Publisher: Mendota, Ill. : The Association

Contributing Library: University of Illinois Urbana-Champaign

Digitizing Sponsor: University of Illinois Urbana-Champaign

  

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About This Book: Catalog Entry

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Text Appearing Before Image:

One hundred and forty-seven people^ including 81 boys' and girls' club members of Illinois, got in on this break- fast when the I. A. A. entertained the club folks at the Great Northern Hotel during their visit to the Interna- tional Live Stock Show. Sam Thompson said the way they work and sing together shows that they are learning the meaning of *'co-operation.'* RE-ELECT BRADFUTE AT A. F. B. F. ANNUAL MEET {Continued from page 1) President Bradfute. who had served two terms, was placed in nomination by E. B. Cornwall, president of the Vermont Farm Bureau Federation. In his nomi- nation speech. Mr. Cornwalt drew attention to President Coolldge's selection of Mr. Bradfute on the agricultural commission. M. L.. Noon, president of the Michigan Farm Bureau Federation, sec- onded Mr. Bradfute's nomina- tion. Only One Opposes Bradfute Geo. C. Jewett of Spokane, Washington, formerly t>fesident of the American Wheat Growers' Association, but now a member of the Federal Farm Loan Board, was nominated for the presi- dency by Ralph Snyder, president of the Kansas Farm Bureau Fed- eration. Mr. Snyder stated that "we have come to a parting of the ways" and suggested that it would be worthy of the voting delegates to put in a president who had not been mixed up in the many controversies. The final vote stood: Bradfute 35, Jewett 11 and three blanks. **Oar Sam" Refuses Sam H. Thompson, president of the I. A. A., was nominated for the vice-presidency by Edw. A. O'Neal, president of the Ala- bama Farm Bureau Federation. Mr. Thompson immediately arose and withdrew his name. J. F. Reed, the past vice-president, had been nominated. Mr. O'Neal, the nominator of "Our Sam," was then nominated by W. T. Harris, the voting delegate from Ken- tucky. Mr. O'Neal has been a member of the executive commit- tee of the American Farm Bu- reau and was one of the few southern farm bureau leaders who helped at Washington dur- ing the McNary-Haugen fight last spring. He was elected. President Thompson retained his seat as a director for the midwest group. Chas. E. Hearst, president of the Iowa Farm Bu- reau Federation, was also re- elected. J. F. Reed, of Minne- sota, the retiring vice-president, was put in and M. L. Noon, pres- ident of Michigan Farm Bureau Federation, became the fourth director, pending the ratification of the amendment which allows an extra director for each 100,- 000 paid-up membership. No Secretary Hired Yet The new board of directors went into executive session the day after the convention closed with the purpose of fixing the budgets for the various depart- ments and hiring a secretary to take the place of J. W. Cover- dale, who resigned during the summer to become treasurer of the Grain Marketing Company. A. R. Simpson, who had been director of finance, was made; treasurer. Mr. Coverdale had been secretary and treasurer. It is expected that action will be taken by the board when it meets Jan. 29, 1925. Below is printed the substance of resolutions presented by a committee on resolutions and later adopted by the voting dele- gates. These resolutions are im- portant because they are the guid- ing hand which is to direct the actions of the A. F. B. F. officials and board of directors through the coming year. Co-operative Marketing 1. A. F, B. F. pledges continued support to all co-operative market- ing enterprises. 2. A. F. B. F. pledges to support co-operative marketing:, to aid in es- tablishing: a national wool co-oper- ative ag:ency and endorses President (^oolidge's principle of orderly pro- 'luction and orderly marketing. Department of Agriculture 1. Authorizes A. F. B. F. president to call a conference to make not more than thrt-e recommendations to President Coolidge for the appoint- ment of Secretary of .\griculture. 2. Approval of government crop reports. Legislation and Taxation Taxation: Keafllmiation of principles on which A. F. B. F. (a\ work has been base<l. namely: 1. Income as a basis of ability to support federal government. 2. Rate should be progressive— larger the ini-ome the higher the rate. 3. A portion, not to exceed 25 per cent, of tax budget should be raised by consumption taxes. Other taxation policies: 1. Endorsement of President's economy program. 2. Favor abolition of federal es- tate tax. 3. Opposed to shifting tax burden from income to consumption tax. 4. Deductions and exemptions should he first offset against tax free income. 5. Money derived from stock div- idend sales should be taxed as if dividends had been paid in cash. 6. Approval of gift tax. 7. Recommend that Congress plug holes in the income tax law. 8. Amend McFadden bill by strik- ing out provision legalizing stock dividends. 9. Restriction on issuance of tax free securities. 10. I'rge study of state and local tax methods, state and local com- mittees. 11. Modification of law so hanks :ind their stockholders may be taxed as other corporations and individu- als. L^slation: Immediate de- velopment of Muscle Shoals to produce fertilizer for farms.

 

Text Appearing After Image:

1. Opposition to additional bur- dens on parcel post system to In- ■ ■rease salaries of postal employees. 2. Opposition to Child l^bor bill. 3. Support of pure seed laws. 4. L.imit bankers' charge to 2 per cent in addition to what they pay for federal reserve money. i. Support o f Vestal Standard Container bill, to decrease cost of distribution. fi. Support o f Truth-In-Fabric legislation. 7. Favor postal libraries. 8. Opposition to branch banking as provided in McFadden bill. 9. Recommendation to make pos- sible loans of four months under in- termediate credits act and a higher maximum loan on warehouse re- ceipts. 10. Endorsement of farmers' ex- port corporation as described else- where in this issue of the Recoed. Transportation and Research Policies are as follows: 1. Endorse plan of Shippers' Re- gional Advisory Boards. 2. Urge fullest co-operation be- tween state and county Farm Bureaus and the federal government. 3. Favor public representation on Railroad labor board. 4. Favor development of inland waterways. (Specific mention given to Mississippi. Missouri and Ohio river systems.) 5. Approve reduction of freight rates on agricultural products. 6. Substitute effective operation for present state of arbitration of St. Lawrence-Great Lakes Water- way. 7. Endorse under joint adminis- tration of state and federal author- ities building good roads as an as- set to farm people. 8. Favor American Merchant Ma- rine. Organization and Finance 1. Vigorous prosecution of organ- isation through state and county Farm Bureaus. 2. Each state should have an or- ganization or field service depart- ment hea.ded by a competent direc- tor. 3. Recognition of plan getting members in connection with com- modity marketing as desirable If identity of Individual as a farm bu- reau member is not interfered with. 4. Urge enactment of state laws making it possible to incorporate all units of the Farm Bureau. 5. Urge a well balanced agricul- tural community program to meet need of the farm bureau family membership. 6. Regard failure to transmit membership funds to state and na- tional organization as a misappro- priation of funds and officer should be held accountable therefor under the law. 7. Urge method to transmit dues regularly each month and direct executive committee to bring about strict compliance with this require- ment. Publicity Marjorie Cline (left) and her aunt, Lula Case, both membert of the Will- ing Workers Poultry Club in Ctss county. Marjorie is champion essay writer in Cass county and second prize winner in Illinois. Her aunt holds a blue ribbon, which she won on her pen of Barred Rocks at the B. & 0. poultry club show. 1. Favors appropriation of fund* to adequately meet publicity require- ments of state and national organ- izations. 2. Closer ro-ordination of all publicity work. 3. Favor making uniform all pub- 1- statements of Farm Bureau Dol- . ies. 4. Endorse Xational Farm Radio Council, Home and Commuiiity 1. Full development of the Home 1" F b""""""^ department of the 2. Urge co-operation of Farm Bureaus to further: Better citlien- «nlp. good community music, rural health, vocational education in agri- culture and Boys- and Girls- Club work. . Other Department* Appreciate President Bradfute's appointment to Agricultural Confer- ence and look for constructive recommendations from that body Approve development of econom- ical electric power on the farm. Place enforcement of butter stand- ards in hands of U. S. D. A Endorse T. B. eradication pro- gram. NEW I^GISUTIVE PLAN SUBMITTED BY FARM COUNCIL Would Create Export Corpora- tion Avoiding Flawi of TTje McMary-Haure* BiU FollowinR the conference of representatives of gome 40 or 50 farm organizations In Chicago. Dec. 1 and 2. at the call of the American Council of AKriculture. steps have been taken to place before President CoolidRe's ag- ricultural commission a plan for stabilization of American agri- culture by securing for it equal opportunity with Industry- and labor. The American Council of Agri- culture was created at St. Paul, last July, by state and national farm organizations as their ag- ency of united effort and ex- pression. In this capacity the Council is now to present to Congress, through the lately cre-^ ated agricultural commission, a plan derised to take the place of so-called McNary-Haugen legisla- tion. Plan Export Corporation The plan proposes the crea- tion of a farmers' export corpora- tion to dispose of surplus farm commodities. The extent of gov- ernment participation in the cor- poration would be limited to the minimum necessary to a compre- hensive grant of power. The export corporation pro- posal differs from the McNary- Haugen bill In several respects. It eliminates the ratio price fea- ture. It eliminates the i>o\rers conferred upon the President to fix tariff rates at will. It aims to secure benefits of existing tar- iff schedules instead of creating new ones. The corporation would be set up to buy exportable sur- pluses when the existence of sur- pluses causes the markets for domestic consumption to fall be- low American price levels. Proponents of the export cor- poration rely upon this plan to make it possible for farmers 'to sell their major farm crops at American prices rather than at prices set by world markets. Would Aid Co-operatiires The farmers' export corpora- tion is designed to supplement co-operative marketing. The adoption of the plan, those who have studied it point out. w^" *' aid co-operative marketing oi/" bizations to function eftectlv?' At present co-operative as: ciations are not able to opera effectively because they are m able to dispose of surplus prod ucts and assess the losses on thi: portion of the commodity- back upon the benefitted producer, without penalizing organization members to the benefit of non- members. Under the proposed plan these costs incurred in dis- posing of surpluses would be automatically and unavoidably absorbed by all producers. Plan Goes To CommlSBion A Council legislative commit- tee, on which national and state organizations are represented, was provided for at the Chicago conference. The new legislative program in rough outline was presented and tentatively ap- proved and arrangements made for submitting it to the various farm organizations for farther approval. As soon as responses are received, the proposal with an accompanying brief will l)e sub- mitted by the American Council of Agriculture to each meiober of the President's agricultural commission. It is hoped that when it is submitted the commission will recommend to the present ses- sion of Congress the enactment of legislation which will prevent further depression of agriculture before Congress could again take action. I.A.C.A. Reaches 105 Marie Farmers' co-op organizations applying for audit service in the Illinois Agricultural Co-operatives m Am Association now number I IIS General manager, Geo. AW* R -Wicker, with his staff of accountants have made SO examinations, more than 60 of which are complete. Grain elevators lead in membership with 44 and Farm Bureaus are second with 39.

  

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The Cosmopolitan™ of Las Vegas All-Star Cochon VIP Epicurean Experience Sweepstakes

OFFICIAL RULES.

 

No Purchase Necessary to Enter or Win. VOID WHERE PROHIBITED BY LAW OR REGULATION. PARTICIPANTS MUST BE 21 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Flickr, Facebook or Twitter. You understand that you are providing your information to The Cosmopolitan™ of Las Vegas and not to Flickr, Facebook or Twitter. The Cosmopolitan of Las Vegas’ privacy policy can be found at www.cosmopolitanlasvegas.com/privacy-policy.aspx

 

1. PROMOTION DESCRIPTION. The Cosmopolitan™ of Las Vegas All-Star Cochon VIP Epicurean Experience Giveaway (the “Sweepstakes”) begins on Wednesday, June 8, 2011 on or around 12:00 p.m. Pacific Daylight Time (“PDT”) and ends on Wednesday, June 22, 2011 at 11:59 p.m. PDT (the “Promotion Period”). Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Nevada Property 1 LLC dba The Cosmopolitan of Las Vegas (the “Sponsor”) whose decisions shall be final and legally binding in all respects.

 

2. ELIGIBILITY. This promotion is open to legal U.S. residents (excluding Puerto Rico, U.S. Virgin Islands and Guam), who are twenty-one (21) years of age or older at the time of entry and who reside in the United States at the time of entry. Employees, officers, and directors of Sponsor, promotion prize suppliers, and each of their affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of materials, their advertising and promotion agencies, and any and all other companies associated with the promotion agents (collectively, the “Promotion Entities”), and each of their immediate family members (as defined by the IRS) and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state, and local laws and regulations. All entries submitted are the property of the Sponsor. The Sweepstakes is void where prohibited.

 

3. PROMOTION (“Sweepstakes”) PERIOD. “The Cosmopolitan of Las Vegas All-Star Cochon VIP Epicurean Experience Giveaway” promotion period run as follows:

 

- June 8-22, 2011: Begins at or around 12:00 PM PDT (Pacific Daylight Time) on June 8, 2011 and ends at 11:59 PM PDT (Pacific Daylight Time) on June 22, 2011 (“Sweepstakes/Promotion Period”)

 

4. SPONSOR. Nevada Property 1 LLC, dba The Cosmopolitan of Las Vegas, 3708 Las Vegas Boulevard South, Las Vegas, NV 89109

 

5. AGREEMENT TO THE OFFICIAL RULES: By participating in the Sweepstakes and providing an email address ENTRANTS GRANT PERMISSION to The Cosmopolitan of Las Vegas to email company updates and announcements (you can unsubscribe at any time); and all entrants fully and unconditionally agree to and accept these Official Rules and the Sponsor’s decisions which are final and binding in all matters related to the Sweepstakes. Winning the prize (described below) is contingent upon fulfilling all requirements set forth herein.

 

6. ODDS OF WINNING. Odds of winning will depend upon the number of eligible entries received.

 

7. PRIZES AND THE VALUE OF THE PRIZES. The winner will receive a one-night stay (valid only on Sunday, July 24, 2011) in a City Room at The Cosmopolitan and two (2) VIP tickets to All-Star Cochon taking place on July 24, 2011 in the Chelsea ballroom at The Cosmopolitan of Las Vegas, located at 3708 Las Vegas Boulevard South, Las Vegas, Nevada 89109. Prizes must be redeemed and used by July 24, 2011 (date of event). There will be one (1) winner in total. The overall prize value is five hundred eighty-eight dollars ($588.00).

 

8. PRIZE NOTES. Winner must be twenty-one (21) years of age or older in order to redeem and participate in the Prize activities. Winner must have proper identification documents, as it may be required at time of redemption and entrance into show. Prizes will be awarded only if the potential Prize Winner fully complies with these Official Rules. Taxes on any prize are solely the responsibility of each winner. Prizes are non-assignable and non-transferable. The Sponsor at their sole discretion will determine all details and other restrictions of any prize not specified in these Official Rules. No cash alternative or substitution will be allowed, except Sponsors reserve the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. The prize restrictions/conditions stated herein are not all-inclusive and the Prizes described above may be subject to additional restrictions/conditions, which may be stated in the “Prize Claim Documents” (defined below). In the event the Prize winner or his or her guest engages in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the awarded prize, in whole or in part, with no further compensation. All gratuities, taxes, incidental expenses, registrations, fees or charges, and other expenses not specified herein are the sole responsibility of the Prize Winner and his or her guest. Winner is not allowed to transfer or sell any portion of the Prize on eBay, Craigslist, Stubhub or any other online site or offline location.

 

9. HOW TO ENTER. Limit one (1) entry per person. Multiple entries will not be acknowledged. The Cosmopolitan will begin the Sweepstakes/promotion giveaway by tweeting from its twitter handle/username at @Cosmopolitan_LV) and posting on its Facebook Wall at www.facebook.com/TheCosmopolitan a link to the Flickr page with a trivia question and the Sweepstakes entry link.

 

9.1. EACH ENTRANT NEEDS TO SUBMIT HIS OR HER ENTRY BY FILLING IN ALL THE REQUIRED FIELDS AND THEIR TRIVIA ANSWER VIA THE COSMOPOLITAN WEBSITE AT: www.cosmopolitanlasvegas.com/contests.aspx.

 

9.2a TWITTER: Entrant must be following The Cosmopolitan on Twitter at @Cosmopolitan_LV.

 

AND/OR

 

9.2b. FACEBOOK: Entrant must be a “fan” by “Liking” The Cosmopolitan Facebook Page located at www.facebook.com/TheCosmopolitan.

 

Entries will not be acknowledged or returned. Sponsor assumes no responsibility for lost, late or misdirected entries.

 

All entries are subject to verification by the Sponsor. Entries that do not meet the Sweepstakes specifications, or otherwise do not comply with the Official Rules herein may be automatically disqualified. Incomplete entries will be automatically disqualified. No responsibility is assumed for lost, late, misdirected, damaged, altered, or illegible entries. Any attempted form of entry other than as described herein is void. Sponsor will determine in its sole discretion, what constitutes a valid entry.

 

Sponsor reserves the right to cancel or modify the Sweepstakes if fraud or technical failures destroy the integrity of the Sweepstakes as determined by the Sponsor, in its sole discretion, and to award the prizes based on eligible entries received prior to the cancellation.

 

By entering the Sweepstakes, all entrants grant an irrevocable, perpetual, worldwide non-exclusive license to Authorized Parties, to reproduce, distribute, display and create derivative works of the entries (along with a name credit) in connection with the Sweepstakes and promotion of the Sweepstakes, in any media now or hereafter known, including, but not limited to, display at a potential exhibition of winners, or online highlighting entries or winners of the Sweepstakes. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant’s “moral rights” in their entries. Display or publication of any entry on an Authorized Party’s website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Sweepstakes, and pictures or likenesses of Sweepstakes entrants, or choose not to do so, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.

 

Limit: One (1) entry per person for the Sweepstakes/Promotion Period. Entries made on another’s behalf by any other individuals or any other entity, including but not limited to commercial contest/sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for the Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.

 

NOTICE REGARDING ONLINE ENTRIES: Sponsor is not responsible for problems of any sweepstakes-related information to or from the website or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in the Sweepstakes.

 

10. TIMING OF WINNER SELECTIONS AND NOTIFICATION TO WINNERS. For the sweepstakes/promotion period, one winner will be determined at random selection from the entries that have ALL the required fields on the entry page properly completed with the correct information AND the correct answer to the trivia/challenge question. Winners will receive an email notification stating that he or she has won. To claim and receive prize the winner must reply to the email notification informing them that they have won by the deadline to claim prize. Exact deadline for “The Cosmopolitan of Las Vegas All-Star Cochon VIP Epicurean Experience Giveaway” (“Sweepstakes”) and winner selection and notification period is as follows:

 

- June 8-22, 2011 Sweepstakes/Promotion Period: One (1) winner will be selected and notified on June 24, 2011 and winner has until June 30, 2011 at 5:00PM PDT to claim prize.

 

If any prize is not claimed by the deadline to claim prize then a second-chance winner selection will be conducted. The second-chance winner will also be notified by email and will have twenty-four (24) hours to claim prize. Participants in any second-chance drawings will consist of all remaining non-winning entrants for the Sweepstakes Period. If any prizes from second-chance drawings are not claimed within the 24-hour period, those prizes will not be awarded.

 

11. GENERAL PRIZE RESTRICTIONS/CONDITIONS/LIMITATIONS OF LIABILITY. Prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release form (collectively, “Prize Claim Documents”).

 

By entering the Sweepstakes, all entrants agree to release, discharge, and hold harmless Promotion Entities and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in the Sweepstakes or any Sweepstakes-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder. Promotion Entities assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Sweepstakes entries or entry forms; or alteration of entries or entry forms. Sponsor is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to in the Sweepstakes.

 

12. PUBLICITY RELEASE. Acceptance of any Prize constitutes Prize Winner’s permission for the Promotion Entities to use Prize Winner’s entry materials, name, photograph, likeness, voice, biographical information, statements and complete address (collectively, the “Attributes”), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Promotion Entities from all claims arising out of the use of such Attributes.

 

13. DISQUALIFICATION/FORCE MAJEURE. Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete, inaccurate, or stolen, submissions or prize notifications. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

14. GOVERNING LAW/JURISDICTION. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEVADA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

 

15. ARBITRATION PROVISION. By participating in the Sweepstakes, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement, will be resolved individually and exclusively in the courts of Las Vegas, NV.

 

16. WINNERS LIST/OFFICIAL RULES. To obtain a copy of these Official Rules (print this page) and/or any legally-required winner list, send a self-addressed stamped envelope to: The Cosmopolitan of Las Vegas, ATTN: Marketing Department-All-Star Cochon VIP Epicurean Experience Giveaway, 3708 Las Vegas Boulevard South, Las Vegas, NV 89109. All such requests must be received by 7/15/2011. Allow four to six weeks for delivery of winner name.

 

© 2011 The Cosmopolitan of Las Vegas. All Rights Reserved.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Flickr, Facebook or Twitter.

History of the NATO-led Stabilisation Force (SFOR)

in Bosnia and Herzegovina

 

Background

On 14 December 1995 the General Framework Agreement for Peace (GFAP) was signed in Paris, after it had been negotiated in Dayton, Ohio. On 16 December the Alliance's North Atlantic Council launched the largest military operation ever undertaken by the Alliance, Operation Joint Endeavour.

 

Based on UN Security Council Resolution 1031, NATO was given the mandate to implement the military aspects of the Peace Agreement. A NATO-led multinational force, called the Implementation Force (IFOR), started its mission on 20 December 1995. IFOR was given a one-year mandate.

Its primary mission was to implement Annex 1A (Military Aspects) of the Peace Agreement. It accomplished its principal military tasks by causing and maintaining the cessation of hostilities; separating the armed forces of the Bosniac - Bosnian Croat Entity (the Federation) and the Bosnian - Serb Entity (the Republika Srpska) by mid-January 1996; transferring areas between the two Entities by mid March; and, finally, moving the Parties' forces and heavy weapons into approved sites, which was realised by the end of June. For the remainder of the year IFOR continued to patrol along the 1,400 km long de-militarised Inter-Entity Boundary Line (IEBL) and regularly inspected over 800 sites containing heavy weapons and other equipment. In carrying out these tasks it opened 2,500 km of roads, repaired or replaced over 60 bridges, and freed up Sarajevo airport and key railway lines.

Due to IFOR's early success, a secure environment was established. This enabled the High Representative (nominated at the London Peace Implementation Conference of 8-9 December 1995) and other organisations to start their work with regard to the implementation of the civil aspects of the peace agreement, and to create conditions in which the return to normal life could begin in Bosnia and Herzegovina. Within the limits of its mandate and available resources, IFOR provided substantial support to the High Representative and to the other organisations. One important element was the priority support given to the Organisation for Security and Co-operation in Europe (OSCE) in preparing and conducting the September 1996 elections.

 

From IFOR to SFOR

After the peaceful conduct of the September 1996 elections, IFOR successfully completed its mission of implementing the military annexes of the General Framework Agreement for Peace. However, it was clear that much remained to be accomplished on the civil side and that the political environment would continue to be potentially unstable and insecure.

On 25-26 September, one week after the Bosnian elections, at an informal meeting in Bergen, Norway, NATO Defence Ministers concluded that the Alliance needed to re-assess how it might continue to provide support for the establishment of a secure environment after the end of IFOR's mandate in December. One month later, the North Atlantic Council approved detailed political guidance for a study to be undertaken by the NATO Military Authorities of post-IFOR security options.

In November and December 1996, a two-year consolidation plan was established in Paris and elaborated in London under the auspices of the Peace Implementation Conference. On the basis of this plan and the Alliance's own study of security options, NATO Foreign and Defence Ministers concluded that a reduced military presence was needed to provide the stability necessary for consolidating the peace. They agreed that NATO should organise a Stabilisation Force (SFOR), which was subsequently activated on 20 December 1996, the date the IFOR mandate expired.

 

The role of IFOR (Operation Joint Endeavour) was to implement the peace. The role of SFOR (Operation Joint Guard / Operation Joint Forge) is to stabilise the peace. The difference between the tasks of IFOR and SFOR is reflected in their names.

 

SFOR's Role and Mandate

Under UN Security Council Resolution 1088 of 12 December 1996, SFOR was authorised to implement the military aspects of the Peace Agreement as the legal successor to IFOR. Like IFOR, SFOR operates under Chapter VII of the UN Charter (peace enforcement). SFOR has the same robust rules of engagement for the use of force, should it be necessary to accomplish its mission and to protect itself.

The primary mission of SFOR is to contribute to the safe and secure environment necessary for the consolidation of peace. Its specific tasks are:

· To deter or prevent a resumption of hostilities or new threats to peace.

· To promote a climate in which the peace process can continue to move forward.

· To provide selective support to civilian organisations within its capabilities.

 

Initially, SFOR's size was around 32,000 troops in Bosnia and Herzegovina - approximately half that of IFOR. Building on the general compliance with the terms of the Peace Agreement, the smaller-sized SFOR was able to concentrate on the implementation of all the provisions of Annex 1A of the Peace Agreement, i.e.:

· Stabilisation of the current secure environment in which local and national authorities and other international organisations can work.

· Providing support to other agencies (on a selective and targeted basis, in view of the reduced size of the forces available).

 

SFOR Command Structure

The Stabilisation Force has a unified command and is NATO-led under the political direction and control of the Alliance's North Atlantic Council, as stipulated by the Peace Agreement (Annex 1A). Overall military authority is in the hands of NATO's Supreme Allied Commander Europe (SACEUR). As from 19 February 2001, Allied Forces Southern Europe (AF South) has become Joint Force Commander (JFC) for SFOR, as it has been for KFOR since 18 January 2001.

 

Lt. Gen. William E. Ward is the current Commander of SFOR (COMSFOR).

 

Participation of non-NATO Nations

As was the case with IFOR, every NATO nation with armed forces has committed troops to SFOR. Iceland, the only NATO country without armed forces, provides medical personnel. However, SFOR is more than a NATO operation. The following is a summary of contributing/participating nations:

As of March 2003

NATO nations: Belgium, Canada, Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Netherlands, Norway, Poland, Portugal, Spain, Turkey, UK and USA.

Non-NATO: Albania, Austria, Argentina, Bulgaria, Estonia, Finland, Ireland, Latvia, Lithuania, Morocco, Romania, Russia, Slovakia, Slovenia and Sweden.

By special agreement with UK: Australia and New Zealand

Total troops number: Initial SFOR - 32,000 approx. Following several restructuring - 12,000 approx.

Non-NATO forces have been incorporated into the operation on the same basis as NATO forces, taking orders from the SFOR Commander via their respective multinational Brigade Headquarters.

Contributing non-NATO countries are represented by liaison officers at SHAPE. They have been involved in planning operations and the process of generating the necessary forces through the SFOR Co-ordination Centre. At NATO headquarters, contributing non-NATO countries are consulted at key junctures and are given the opportunity to express their views on NAC decisions.

This is achieved with the so-called NAC+N - North Atlantic Council meeting with non-NATO contributors. Participation by non-NATO countries not only contributes to the accomplishment of the SFOR mission but also has a wider significance. It provides all the participating forces from Partnership Countries with practical experience of operating with NATO forces. It shows that NATO and non-NATO countries can work closely in NATO-led operations in the cause of peace. This has a broader impact on the region and contributes to enhanced security in the whole of Europe and beyond.

Restructuring

The NAC, in consultation with non-NATO contributing countries, SFOR and SHAPE, reviews SFOR force levels and tasks every six months. This periodic review is the basis upon which NATO assesses future force requirements and mission accomplishment.

On October 25, 1999, the North Atlantic Council (NAC) decided, having taken into account the improved security situation in Bosnia and Herzegovina, to implement, between November 1999 and April 2000, a revised structure for the Stabilisation Force (SFOR).

This process has continued with a re-structuring to about 12,000 troops by the very beginning of 2003. In the new structure SFOR continues to have its HQ in the Sarajevo area (transferred in 2000 from the Sarajevan suburb of Ilidza to the purpose-built Camp Butmir). Below this are three multinational Brigades each of which is commanded by a Brigadier and contains distinct Battle Groups (BGs). These BGs can be multinational and are essentially reinforced battalion task forces with their own organic capabilities.

In addition there are now dedicated Tactical Reserve Forces able to intervene anywhere within the Theatre of Operations. These can in turn be augmented by the Operational Reserve Force, which is principally composed of Over-The Horizon Forces, mainly deployed in Kosovo, and U.S. helicopter assets.

 

Russian Participation

The participation of Russia in IFOR and SFOR is an example of how NATO and Russia can work together successfully. It is a major step in the evolving NATO-Russia co-operative relationship. Russian forces joined IFOR in January 1996 and continue to contribute to SFOR. Participation is subject to special arrangements between NATO and Russia. In Theatre, the Russian Military Contingent (RMC) is under tactical control of the US-led Multinational Brigade (North).

 

Civilian Aspects

For lasting peace in Bosnia and Herzegovina, full implementation of the civilian aspects of the Peace Agreement is crucial. By continuing the implementation of the military aspects of the GFAP, NATO is helping to ensure a secure environment conducive to civil and political reconstruction.

The civilian aspects of the Agreement are being carried out by appropriate international organisations, under the co-ordination of the High Representative. In view of the importance of the civilian aspects of the Peace Agreement, SFOR continues to provide support for civilian tasks. However, with fewer forces at its disposal, SFOR has had to prioritise its efforts and select carefully where they will be applied. To be effective, SFOR and the other organisations will continue to plan together and identify objectives to ensure that SFOR support is applied where and when it is needed.

Among the institutions and organisations implementing the civilian aspects of the Peace Agreement are the Office of the High Representative (OHR), the - now disbanded - UN International Police Task Force (UNIPTF), the European Union Police Mission (EUPM), the UN High Commissioner for Refugees (UNHCR), the Organisation for Security and Co-operation in Europe (OSCE) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Many other inter-governmental and non-governmental organisations are also playing an important role.

Directed by the North Atlantic Council, SFOR provided a secure environment for the national elections in October 1998, municipal elections in 1997 and April 2000, special elections in Republika Srpska in 1997 and general elections in November 2000. It has also provided support to the OSCE in the preparation and conduct of these elections. SFOR will continue to support the OSCE in its role of assisting the Parties in the implementation of the Confidence-and Security-Building Agreement and the Sub-Regional Arms Control Agreement. The latter Agreement limits the holdings of heavy weapons by the Parties in order to eliminate the danger of a sub-regional arms race and to bring about an overall reduction of heavy weaponry in the area.

SFOR is also continuing to support UNHCR in its supervising tasks for the return of refugees and displaced persons. Returns to the Zone of Separation were negotiated among the various organisations concerned and the Parties to the Peace Agreement. SFOR is helping to implement procedures designed to facilitate these returns, for example by ensuring that no weapons other than those of SFOR itself are brought back into the Zone of Separation. Any exceptions need specific COMSFOR approval. SFOR aims to prevent any conflict with regard to the return of refugees and displaced persons. However, it is the responsibility of the Parties to restore order and normal conditions if an incident takes place.

SFOR continues to work closely with the UN International Police Task Force (IPTF), like its predecessor IFOR. It is available to support the IPTF in its role of promoting local law and order, which is essential for establishing a lasting peace.

SFOR worked with the authorities of BiH to ensure a secure environment for the important Balkan Stability Pact Summit held in Zetra Ice Stadium, Sarajevo, 29 to 30 July 1999. This Summit brought together many key world leaders and all those involved or interested in helping the Balkans find the level of stability needed to rebuild and become a full partner in Europe and the world.

The implementation of the Brcko Arbitration Agreement of 5 March 1999 was fully supported by SFOR, by providing a secure environment in and around Brcko and by supporting the Brcko Supervisor, the IPTF, UNHCR and other agencies involved in the implementation.

SFOR oversaw the complete de-militarisation of the Brcko District. These combined efforts led to the official launching of the Brcko District on 8 March 2000.

SFOR fully supports the International Criminal Tribunal for the former Yugoslavia (ICTY) in carrying out its mandate. SFOR has detained 27 persons indicted for war crimes (PIFWCs) since June 1997. Another three have been killed in attempts to bring them to justice. This includes the provision of security and logistic support to ICTY investigative teams, and surveillance and ground patrolling of alleged mass gravesites. Multinational SFOR soldiers moved to detain Radovan Karadzic on Feb. 28 and March 1, 2002. While Karadzic was not detained, these raids clearly demonstrate SFOR's determination to bring PIFWCs to justice. As Lord Robertson, Secretary General of NATO, said to PIFWCs: "Your time is running out. One day, whether it is tomorrow, next week, next month or next year, SFOR will come to you."

The talking heads have been prating on about how this illiterate douche-trawler can’t even read a TelePrompTer. Everyone simply assumes he misread the script and committed a faux pas.

 

Not me. I think he meant exactly what he said. At a rate of about once every 4 days since his inauguration, he or members of his administration have taken steps to abolish our civil rights. One might argue that the Boy President is not a ‘people of faith’ but one could never argue that he has not been hard at work abolishing civil rights in America. Here is a short list (trust me on this!) of steps they have taken since January 2017:

 

January 27, 2017 Trump signed an executive order — the first version of his Muslim travel ban — that discriminated against Muslims and banned refugees.

 

January 31, 2017 Under new Chairman Ajit Pai's leadership, the Federal Communications Commission refused to defend critical components of its prison phone rate rules in federal court — rules that were ultimately struck down in June.

 

February 3, 2017 Trump signed an executive order outlining principles for regulating the U.S. financial system and calling for a 120-day review of existing laws, like the Dodd-Frank Wall Street Reform and Consumer Protection Act. The order was viewed as Trump's opening attack on consumer protection laws.

 

February 3, 2017 The FCC rescinded its 2014 Joint Sales Agreement (JSA) guidance, which had led to the only increase in television diversity in recent years.

 

February 3, 2017 FCC Chairman Pai revoked the Lifeline Broadband Provider (LBP) designations for nine broadband service providers, reducing the number of providers offering broadband and thus decreasing the competitive forces available to drive down prices.

 

February 9, 2017 Trump signed three executive orders "to fight crime, gangs, and drugs; restore law and order; and support the dedicated men and women of law enforcement." The orders, though vague, were viewed suspiciously by civil rights organizations.

 

February 21, 2017 The Department of Homeland Security issued a memo updating immigration enforcement guidance, massively expanding the number of people subject to detention and deportation. The guidance drastically increased the use of expedited removal and essentially eliminated the priorities for deportation.

 

February 22, 2017 The Justice Department's Civil Rights Division and the Department of Education's Office for Civil Rights jointly rescinded Title IX guidance clarifying protections under the law for transgender students.

 

February 23, 2017 Attorney General Sessions withdrew an earlier Justice Department memo that set a goal of reducing and ultimately ending the department's use of private prisons.

 

February 27, 2017 The Department of Justice dropped the federal government's longstanding position that a Texas voter ID law under legal challenge was intentionally racially discriminatory, despite having successfully advanced that argument in multiple federal courts. The district court subsequently rejected the position of the Sessions Justice Department and concluded the law was passed with discriminatory intent.

 

March 6, 2017 Trump signed a revised executive order restricting travel to the United States by citizens of Iran, Libya, Somalia, Sudan, Syria, and Yemen and drastically cutting back refugee admissions.

 

March 6, 2017 A week after Trump called on lawmakers to repeal the Affordable Care Act during his address to Congress, House Republicans released a proposal to replace the ACA with a law that would restructure Medicaid and defund Planned Parenthood.

 

March 16, 2017 The Trump administration released a budget blueprint that proposed a $54 billion increase in military spending that would come from $54 billion in direct cuts to non-defense programs. The blueprint also proposed spending $4.1 billion through 2018 on the beginnings of construction of a wall through communities on the U.S.-Mexico border.

 

March 27, 2017 Trump signed a resolution of disapproval under the Congressional Review Act, which repealed a U.S. Department of Education accountability rule finalized last year that would clarify states' obligations under the Every Student Succeeds Act.

 

March 27, 2017 Trump signed a resolution of disapproval under the Congressional Review Act, which repealed the Fair Pay and Safe Workplaces Executive Order. The order, signed by President Obama, represented a much-needed step forward in ensuring that the federal contractor community is providing safe and fair workplaces for employees by encouraging compliance with federal labor and civil rights laws, and prohibiting the use of mandatory arbitration of certain disputes.

 

March 31, 2017 Sessions ordered a sweeping review of consent decrees with law enforcement agencies relating to police conduct — a crucial tool in the Justice Department's efforts to ensure constitutional and accountable policing. The department also tried, unsuccessfully, to block a federal court in Baltimore from approving a consent decree between the city and the Baltimore Police Department to rein in discriminatory police practices that the department itself had negotiated over a multi-year period.

 

April 13, 2017 Trump signed a resolution of disapproval under the Congressional Review Act, which overturned the U.S. Department of Health and Human Services' final rule updating the regulations governing the Title X family planning program — a vital source of family planning and related preventive care for low-income, uninsured, and young people across the country.

 

April 26, 2017 Trump released an outline of a tax reform plan that was viewed largely as a tax giveaway for the wealthy and big corporations.

 

April 26, 2017 Trump signed an executive order directing Secretary of Education Betsy DeVos to conduct a study on the federal government's role in education.

 

May 4, 2017 Trump signed an executive order that he claimed overturned the Johnson Amendment (though it did not), which precludes tax-exempt organizations, including places of worship, from engaging in any political campaign activity and would curtail the contraception mandate of the Affordable Care Act.

 

May 11, 2017 Trump signed an executive order creating the so-called Presidential Advisory Commission on Election Integrity headed by Vice President Mike Pence and Kansas Secretary of State Kris Kobach, who has a history of trying to suppress the vote in Kansas.

 

May 12, 2017 Sessions announced in a two-page memo that DOJ was abandoning its Smart on Crime initiative that had been hailed as a positive step forward in rehabilitating drug users and reducing the enormous costs of warehousing inmates.

May 23, 2017 Trump released his fiscal year 2018 budget that included massive, unnecessary tax cuts for the wealthy and large corporations, which would be paid for by slashing basic living standards for the most vulnerable and by attacking critical programs like Social Security Disability Insurance, Medicaid, food assistance, and more.

 

May 23, 2017 Trump's fiscal year 2018 budget proposed eliminating the Office of Federal Contract Compliance Programs (OFCCP) and transferring its functions to the Equal Employment Opportunity Commission (EEOC). This would have impeded the work of both the OFCCP and the EEOC as each have distinct missions and expertise, and would have thereby undermined the civil rights protections that employers and workers have relied on for almost 50 years.

 

June 5, 2017 Trump released an infrastructure plan that focuses on putting public assets into private hands, creating another giveaway to wealthy corporations and millionaires at the expense of working families and communities.

 

June 6, 2017 Secretary of Education Betsy DeVos testified before a Senate appropriations subcommittee and made unclear statements about whether she would allow federal funds to go to schools that discriminate against LGBTQ students. She made similarly troubling statements when testifying before a House committee in late March.

 

June 6, 2017 The Department of Education's Office for Civil Rights (OCR) issued unclear new instructions on transgender student discrimination.

 

June 8, 2017 OCR's acting head sent a memo to OCR staff discouraging systemic investigations in favor of individual investigations of discrimination.

 

June 14, 2017 DeVos decided to delay implementation of and to renegotiate the Borrower Defense to Repayment and Gainful Employment regulations.

 

June 15, 2017 The administration rescinded President Obama's Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program, an initiative that — had it gone into effect — would have offered a pathway to citizenship for immigrant parents with children who are citizens or residents of the United States.

 

June 27, 2017 Labor Secretary Acosta requested information on the Obama-era overtime rule, signaling his intent to lower the salary threshold of the overtime rule.

 

June 28, 2017 The Justice Department's Civil Rights Division sent a letter to 44 states demanding extensive information on how they maintain their voter rolls. This request was made on the same day that President Trump's so-called Commission on Election Integrity sent letters to all 50 states demanding intrusive and highly sensitive personal data about all registered voters.

 

July 26, 2017 Trump declared in a series of tweets that he was barring transgender people from serving in the military. He followed through with a presidential memo on August 25, though the issue is still being challenged in the courts.

 

July 26, 2017 The Department of Justice filed a legal brief arguing that Title VII of the Civil Rights Act of 1964 does not prohibit discrimination based on sexual orientation — a decision that contravened recent court decisions and Equal Employment Opportunity Commission guidance.

 

August 1, 2017 The New York Times reported that the "Trump administration is preparing to redirect resources of the Justice Department's civil rights division toward investigating and suing universities over affirmative action admissions policies deemed to discriminate against white applicants." In a move without recent precedent, this investigation and enforcement effort was planned to be run out of the Civil Rights Division's front office by political appointees, instead of by experienced career staff in the division's educational opportunities section.

 

August 2, 2017 Trump announced his support of Republican-backed legislation that would slash legal immigration in half over a decade.

 

August 7, 2017 The Justice Department filed a brief in the Supreme Court in Husted v. A. Philip Randolph Institute arguing that it should be easier for states to purge registered voters from their rolls — reversing not only its longstanding legal interpretation, but also the position it had taken in the lower courts in that case.

 

August 28, 2017 Sessions lifted the Obama administration's ban on the transfer of some military surplus items to domestic law enforcement — rescinding guidelines that were created in the wake of Ferguson to protect the public from law enforcement misuse of military-grade weapons.

 

August 29, 2017 The administration halted an EEOC rule that required large companies to disclose what they pay employees by sex, race, and ethnicity — a rule that was intended to remedy the unequal pay that remains rampant in the American workplace.

 

September 5, 2017 Sessions announced that the administration was rescinding the Deferred Action for Childhood Arrivals (DACA) program.

 

September 7, 2017 The Department of Justice filed a brief with the Supreme Court in Masterpiece Cakeshop v. Colorado Civil Rights Commission arguing that businesses have a right to discriminate against LGBTQ customers.

 

September 15, 2017 The Department of Justice ended the Community Oriented Policing Services' Collaborative Reform Initiative, a Justice Department program that aimed to help build trust between police officers and the communities they serve.

 

September 22, 2017 DeVos announced that the Department of Education was rescinding guidance related to Title IX and schools' obligations regarding sexual violence and educational opportunity.

 

September 24, 2017 Trump issued the third version of his Muslim travel ban which, unlike the previous versions, was of indefinite duration.

 

September 27, 2017 The Trump administration and Republican leadership in Congress unveiled tax principles that would provide trillions in dollars of unnecessary tax cuts to millionaires, billionaires, and wealthy corporations.

 

October 2, 2017 DeVos rescinded 72 guidance documents outlining the rights of students with disabilities, though it wasn't until October 21 until the public learned of the rescissions.

 

October 4, 2017 The Department of Justice filed a brief in the U.S. District Court for the District of Columbia asking the court to dismiss a lawsuit against the president's transgender military ban.

 

October 5, 2017 Sessions reversed a Justice Department policy which clarified that transgender workers are protected from discrimination under Title VII of the Civil Rights Act of 1964.

 

October 6, 2017 The Department of Justice issued sweeping religious liberty guidance to federal agencies, which will create a license to discriminate against LGBTQ individuals and others.

 

October 8, 2017 The White House released a list of hard-line immigration principles — a list of demands that included funding a border wall, deporting Central American children seeking sanctuary, and curbing grants to sanctuary cities, effectively stalling any possible bipartisan agreement on a bill to protect Dreamers.

 

October 12, 2017 Trump signed an executive order to undermine health care and, later that day, announced that he would end subsidies for certain health care plans.

 

October 27, 2017 The Department of Education announced it was withdrawing nearly 600 policy documents regarding K-12 and higher education.

 

November 1, 2017 Trump signed a resolution of disapproval under the Congressional Review Act, which repealed the Consumer Financial Protection Bureau's rule on forced arbitration. Overturning the rule will enable big banks, payday lenders, and other financial companies to force victims of fraud, discrimination, or other unlawful conduct into a "kangaroo court" process where their claims are decided by hired arbitration firms rather than by judges and juries — harming consumers and undermining civil rights and consumer protection laws.

 

November 6, 2017 The Trump administration announced it will terminate the Temporary Protected Status (TPS) designation for Nicaragua.

 

November 16, 2017 The Federal Communications Commission voted to gut Lifeline, the program dedicated to bringing phone and internet service within reach for people of color, low-income people, seniors, veterans, and people with disabilities, with particularly egregious consequences for tribal areas. They also voted to eliminate several rules promoting competition and diversity in the broadcast media, undermining ownership chances for women and people of color.

 

November 20, 2017 The Trump administration announced it would terminate the Temporary Protected Status (TPS) designation in 18 months for approximately 59,000 Haitians living in the United States.

 

November 24, 2017 Trump appointed Mick Mulvaney as acting director of the Consumer Financial Protection Bureau (CFPB). As a member of Congress, Mulvaney supported abolishing the consumer bureau and has in the past referred to the CFPB as a "sick, sad" joke.

 

December 4, 2017 The Department of Labor proposed changing its longstanding position codified in regulation that prohibited employers from pooling together tips and redistributing them to workers who don't traditionally earn tips.

 

December 12, 2017 The Department of Justice wrote to acting Census Bureau Director Ron Jarmin requesting a question about citizenship on the 2020 Census. It was an untimely and unnecessarily intrusive request that would destroy any chance for an accurate count, discard years of careful research, and increase costs significantly.

 

December 21, 2017 It was reported that Sessions rescinded 25 guidance documents, including a letter sent to chief judges and court administrators to help state and local efforts to reform harmful practices of imposing fees and fines on poor people.

 

January 4, 2018 Sessions rescinded guidance that had allowed states, with minimal federal interference, to legalize marijuana. This move will further reignite the War on Drugs.

 

January 8, 2018 Trump re-nominated a slate of unqualified and biased judicial nominees, including two rated Not Qualified by the American Bar Association.

 

January 8, 2018 The administration announced it would terminate the Temporary Protected Status (TPS) designation for nearly 200,000 Salvadorans.

 

January 11, 2018 The Trump administration released new guidelines that allow states to seek waivers to require Medicaid recipients to work — requirements that represent a throwback to rejected racial stereotypes.

 

January 12, 2018 The Trump administration approved a waiver allowing Kentucky to require Medicaid recipients to work. ( On June 29, a federal judge struck down Kentucky's Medicaid work requirements.)

 

January 16, 2018 The Consumer Financial Protection Bureau under Mulvaney's leadership announced it would reconsider the agency's payday lending rule.

 

January 17, 2018 The administration announced its decision to bar citizens from Haiti from receiving H2-A and H2-B visas.

 

January 18, 2018 The Department of Health and Human Services announced a proposed rule to allow health care providers to discriminate against patients, and within the department's Office for Civil Rights, a new division — the Conscience and Religious Freedom Division — to address related claims.

 

January 18, 2018 The CFPB abruptly dropped a lawsuit against four online payday lenders who unlawfully made loans of up to 950 percent APR in at least 17 states.

 

January 25, 2018 The Census Bureau announced that the questionnaire for the 2018 End-to-End Census Test will use race and ethnicity questions from the 2010 Census instead of updated questions recommended by Census Bureau staff. This suggests that the Office of Management and Budget will not revise the official standards for collecting and reporting this data, despite recommendations from a federal agency working group to do so.

 

February 1, 2018 The New York Times reported that the Department of Justice was effectively closing its Office for Access to Justice, which was designed to make access to legal aid more accessible.

 

February 1, 2018 Reports surfaced claiming Trump's Labor Department concealed an economic analysis that found working people could lose billions of dollars in wages under its proposal to roll back an Obama-era rule — a rule that protects working people in tipped industries from having their tips taken away by their employers.

 

February 1, 2018 Multiple sources reported that acting Consumer Financial Protection Bureau Director Mick Mulvaney had transferred the consumer agency's Office of Fair Lending and Equal Opportunity from the Supervision, Enforcement, and Fair Lending division to the director's office. The move essentially gutted the unit responsible for enforcing anti-lending discrimination laws.

 

February 2, 2018 The Trump administration approved a waiver allowing Indiana to require some Medicaid recipients to work.

 

February 12, 2018 The Trump administration released its Fiscal Year 2019 budget proposal, which would deny critical health care to those most in need simply to bankroll the president's wall through border communities. The proposal would also eliminate the Community Relations Service — a Justice Department office established by the Civil Rights Act of 1964 — which has been a key tool that helps address discrimination, conflicts, and tensions in communities around the country.

 

February 12, 2018 The Trump administration released an infrastructure proposal that would reward the rich and special interests at the expense of low-income communities and communities of color and leave behind too many American communities and those most in need

 

February 12, 2018 BuzzFeed News reported that the U.S. Department of Education would no longer investigate complaints filed by transgender students who have been banned from using the restrooms that correspond with their gender identity. On the same day, the department released a statement saying Trump's budget protects vulnerable students" — a dubious claim.

 

February 12, 2018 The Trump administration released its Fiscal Year 2019 budget proposal, which would deny critical health care to those most in need simply to bankroll the president's wall through border communities. The proposal would also eliminate the Community Relations Service — a Justice Department office established by the Civil Rights Act of 1964 — which has been a key tool that helps address discrimination, conflicts, and tensions in communities around the country.

 

February 12, 2018 The Trump administration released an infrastructure proposal that would reward the rich and special interests at the expense of low-income communities and communities of color and leave behind too many American communities and those most in need.

 

February 12, 2018 BuzzFeed News reported that the U.S. Department of Education would no longer investigate complaints filed by transgender students who have been banned from using the restrooms that correspond with their gender identity. On the same day, the department released a statement saying Trump's budget protects vulnerable students" — a dubious claim.

 

February 26, 2018 The U.S. Department of Education proposed to delay implementation of a rule that enforces the Individuals with Disabilities Education Act (IDEA). The rule implements the IDEA's provisions regarding significant disproportionality in the identification, placement, and discipline of students with disabilities with regard to race and ethnicity.

 

March 5, 2018 The Trump administration approved Arkansas' request to require some Medicaid recipients to work.

 

March 5, 2018 The Office for Civil Rights at the U.S. Department of Education released a new Case Processing Manual (CPM) that creates greater hurdles for people filing complaints and allows dismissal of civil rights complaints based on the number of times an individual has filed.

 

March 12, 2018 Attorney General Sessions announced the Justice Department's 'school safety' plan — a plan that civil rights advocates criticized as militarizing schools, overpolicing children, and harming students, disproportionately students of color.

 

March 23, 2018 Trump issued new orders to ban most transgender people from serving in the military — the latest iteration of a ban that he had initially announced in a series of tweets in July 2017.

 

March 23, 2018 Trump signed a spending bill that included the STOP School Violence Act, which civil rights organizations are concerned will exacerbate the school-to-prison pipeline crisis, further criminalize historically marginalized children, and increase the militarization of, and over-policing in, schools and communities of color.

 

March 26, 2018 Secretary of Commerce Wilbur Ross announced that he had directed the Census Bureau to add an untested and unnecessary question to the 2020 Census form, which would ask the citizenship status of every person in America.

 

April 6, 2018 Attorney General Sessions announced that he had notified all U.S. Attorney's offices along the southwest border of a new "zero tolerance" policy toward people trying to enter the country — a policy that quickly, and inhumanely, separated hundreds of children from their families.

 

April 10, 2018 A federal official announced that the Department of Justice was halting the Legal Orientation Program, which offers legal assistance to immigrants.

 

April 10, 2018 Trump signed an executive order directing federal agencies to push for work requirements for low-income people in America who receive federal assistance, including Medicaid and SNAP.

 

April 25, 2018 Secretary Ben Carson proposed changes to federal housing subsidies that could triple rent for some households and make it easier to impose work requirements.

 

April 26, 2018 The Trump administration announced it would terminate the Temporary Protected Status (TPS) designation in 12 months for approximately 9,000 Nepalese immigrants.

 

May 4, 2018 The Trump administration announced it would terminate the Temporary Protected Status (TPS) designation in 18 months for approximately 57,000 Honduran immigrants.

 

May 7, 2018 The Trump administration approved New Hampshire's request to require some Medicaid recipients to work or participate in other "community engagement activities."

 

May 11, 2018 The Federal Bureau of Prisons released changes to its Transgender Offender Manual that rolled back protections allowing transgender inmates to use facilities, including bathrooms and cell blocks, that correspond to their gender identity.

 

May 18, 2018 The Department of Housing and Urban Development announced it would be publishing three separate notices to indefinitely suspend implementation of the 2015 Affirmatively Furthering Fair Housing rule.

 

May 21, 2018 Trump signed a resolution of disapproval under the Congressional Review Act, which repealed the Consumer Financial Protection Bureau's (CFPB) guidance on indirect auto financing.

 

May 22, 2018 The Trump administration issued a draft Notice of Proposed Rulemaking (NPRM) designed to block access to health care under Title X and deny women information about their reproductive health care options.

 

May 24, 2018 Trump signed the Economic Growth, Regulatory Relief and Consumer Protection Act, which will undermine one of our nation's key civil rights laws and weaken consumer protections enacted after the 2008 financial crisis.

 

June 6, 2018 Mick Mulvaney fired all 25 members of the Consumer Financial Protection Bureau's Consumer Advisory Board.

 

June 8, 2018 A Department of Justice filing argued that the Affordable Care Act's protections for people with pre-existing conditions are unconstitutional. The brief was signed by Chad Readler, a Justice Department official who Trump nominated to serve on the U.S. Court of Appeals for the Sixth Circuit.

 

June 11, 2018 Attorney General Sessions ruled that fears of domestic or gang violence was not grounds for asylum in the United States.

 

June 11, 2018 U.S. Citizenship and Immigration Services (USCIS) Director L. Francis Cissna announced the creation of a denaturalization task force in a push to strip naturalized citizens of their citizenship.

 

June 12, 2018 The Department of Justice sued the state of Kentucky to force it to "systematically remove the names of ineligible voters from the registration records." This voter purge lawsuit was filed one day after the U.S. Supreme Court upheld Ohio's voter purges in Husted v. A. Philip Randolph Institute.

 

June 18, 2018 Nikki Haley, the U.S. Ambassador to the United Nations, announced that the United States was withdrawing from the UN Human Rights Council.

 

July 3, 2018 Attorney General Jeff Sessions and Education Secretary Betsy DeVos rescinded guidance from the Departments of Justice and Education that provides a roadmap to implement voluntary diversity and integration programs in higher education consistent with Supreme Court holdings on the issue.

 

July 10, 2018 The Centers for Medicare and Medicaid Services announced cuts to navigator funding for outreach to hard-to-reach communities for the fall 2018 Affordable Care Act open enrollment period.

 

July 25, 2018 The Department of Education proposed new borrower defense rules, which would further exacerbate inequalities — making the already unfair and ineffective student loan servicing system even more harmful to all students, particularly to borrowers of color. The proposal would strip away borrower rights and would not protect students from predatory practices in both higher education and student loan servicing. ( On September 12, a federal judge struck down DeVos' attempt to weaken the rule. In October, the Department of Education said it would no longer try to delay the Obama-era regulation.)

 

July 26, 2018 The Trump administration failed to meet a court-ordered deadline to reunite children and families separated at the border.

 

July 30, 2018 Jeff Sessions announced the creation of a religious liberty task force at the Department of Justice, which many saw as a taxpayer funded effort to license discrimination against LGBTQ people and others.

 

August 13, 2018 Secretary Ben Carson proposed changes to the Obama-era Affirmatively Furthering Fair Housing (AFFH) rule, which aimed to combat segregation in housing policy.

 

August 15, 2018 The Federal Register published a Trump administration proposal to restrict protest rights in Washington, D.C. by closing 80 percent of the White House sidewalk, putting new limits on spontaneous demonstrations, and opening the door to charging fees for protesting.

 

August 29, 2018 The New York Times reported that the Department of Education is preparing rules that would narrow the definition of sexual harassment, holding schools accountable only for formal complaints filed through proper authorities and for conduct said to have occurred on their campuses. They would also establish a higher legal standard to determine whether schools improperly addressed complaints."

 

August 30, 2018 The Department of Justice filed an amicus brief opposing Harvard College's motion for summary judgement in Students for Fair Admissions, Inc. v. Harvard, choosing to oppose constitutionally sound strategies that colleges and universities use to expand educational opportunity for students of all backgrounds.

 

September 5, 2018 The Trump administration sent sweeping subpoenas to the North Carolina state elections board and 44 county elections boards requesting voter records be turned over by September 25. Two months before the midterm elections, civil rights advocates worried this effort would lead to voter suppression and intimidation.

 

September 6, 2018 The Department of Homeland Security and the Department of Health and Human Services announced a proposal to withdraw from the Flores Settlement Agreement. The Flores Agreement is a set of protections for underage migrant children in government custody.

 

September 13, 2018 The National Labor Relations Board proposed weakening the "joint-employer standard" under the National Labor Relations Act, which would make it difficult for working people to bring the companies that share control over their terms and conditions of employment to the bargaining table.

 

October 1, 2018 A policy change at the Department of State took effect saying that the Trump administration would no longer issue family visas to same-sex domestic partners of foreign diplomats or employees of international organizations who work in the United States.

 

October 10, 2018 The Department of Homeland Security's proposed 'public charge' rule was published in the Federal Register. Under the rule, immigrants who apply for a green card or visa could be deemed a 'public charge' and turned away if they earn below 250 percent of the federal poverty line and use any of a wide range of public programs.

 

October 12, 2018 The Department of Justice filed a statement of interest opposing a consent decree negotiated by Chicago Mayor Rahm Emanuel and Illinois Attorney General Lisa Madigan to overhaul the Chicago Police Department.

 

October 16, 2018 The administration released its fall 2017 Unified Agenda of Federal Regulatory and Deregulatory Actions. The document details the regulatory and deregulatory actions that federal agencies plan to make in the coming months, including harmful civil and human rights rollbacks.

 

October 19, 2018 The Department of Justice ended its agreement to monitor the Juvenile Court of Memphis and Shelby County and the Shelby County Detention Center in Tennessee, which addressed discrimination against Black youth, unsafe conditions, and no due process at hearings.

 

October 21, 2018 The New York Times reported that the Department of Health and Human Services is considering an interpretation of Title IX that "would define sex as either male or female, unchangeable, and determined by the genitals that a person is born with" — effectively erasing protections for transgender people.

 

October 22, 2018 The Centers for Medicare and Medicaid Services (CMS) issued new guidance on the Affordable Care Act's 1332 waivers that would expand a state's flexibility to establish insurance markets that don't meet the requirements of the ACA.

 

October 24, 2018 The Department of Justice filed a brief with the U.S. Supreme Court arguing that federal civil rights law does not protect transgender workers from discrimination on the basis of their gender identity.

 

October 30, 2018 Axios reported that Trump intends to sign an executive order to end birthright citizenship. In a tweet the following day, Trump said "it will be ended one way or the other."

 

October 31, 2018 The administration approved a waiver allowing Wisconsin to require Medicaid recipients to work. It was the first time a state that did not expand Medicaid under the Affordable Care Act was allowed to impose work requirements.

 

November 5, 2018 The Department of Justice filed a petition with the U.S. Supreme Court to circumvent three separate U.S. Courts of Appeals on litigation concerning the Deferred Action for Childhood Arrivals (DACA) program.

 

November 7, 2018 On his last day as Attorney General, Jeff Sessions issued a memorandum to gut the Department of Justice's use of consent decrees.

 

November 8, 2018 The Department of Homeland Security and Department of Justice announced an interim final rule to block people from claiming asylum if they enter the United States outside legal ports of entry.

 

November 8, 2018 The Department of Labor rolled back guidance issued by the Obama administration that clarified that tipped workers must spend at least 80 percent of their time doing tipped work in order for employers to pay them the lower tipped minimum wage.

 

November 16, 2018 The Department of Education issued a draft Title IX regulation that represents a cruel attempt to silence sexual assault survivors and limit their educational opportunity — and could lead schools to do even less to prevent and respond to sexual violence and harassment.

 

December 11, 2018 Trump declared that he would be "proud to shut down the government" — which he did. It resulted in the longest government shutdown in U.S. history (35 days), which harmed federal workers, contractors, their families, and the communities that depend on them.

 

December 18, 2018 The Trump administration's School Safety Commission recommended rescinding Obama-era school discipline guidance, which was intended to assist states, districts, and schools in developing practices and policies to enhance school climate and comply with federal civil rights laws.

 

December 21, 2018 Following the recommendation of Trump's School Safety Commission, the Departments of Justice and Education rescinded the Dear Colleague Letter on the Nondiscriminatory Administration of School Discipline. Both departments jointly issued the guidance in January 2014.

 

January 3, 2019 The Washington Post reported that the Trump administration is considering rolling back disparate impact regulations that provide anti-discrimination protections to people of color, women, and others.

 

January 4, 2019 The Guardian reported that the Trump administration has stopped cooperating with and responding to UN investigators over potential human rights violations in the United States.

 

January 29, 2019 The Department of Justice reversed its position in a Texas voting rights case, saying the state shouldn't need to have its voting changes pre-cleared with the federal government. Career voting rights lawyers at the department declined to sign the brief.

 

February 6, 2019 The Consumer Financial Protection Bureau (CFPB) — under the direction of Trump-appointed Director Kathy Kraninger- released its plan to roll back the central protections of the agency's 2017 payday and car-title lending rule.

  

Source: civilrights.org/trump-rollbacks/

 

China’s New Crypto Rankings – EOS First, Ethereum Second, Bitcoin Drops to 17th

 

The ranking of cryptocurrency projects by the Chinese government has been revised with two new crypto projects added. EOS tops the overall list of 30 crypto projects; Ethereum fell to second place while Bitcoin dropped to 17th place.

Also read: Yahoo! Japan Confirms Entrance Into the Crypto Space

China Now Ranks 30 Crypto Projects

China’s Center for Information Industry Development (CCID), under the Ministry of Industry and Information Technology, has revised its crypto project rankings. The second monthly Global Public Chain Technology Evaluation Index was officially released on June 20 at the Shanghai Science Hall, consisting of 30 crypto projects.

The first index, introduced last month, has 28 projects, missing the two newly-added EOS and Nebulas.

According to the CCID Network, the center’s media network under the Ministry of Industry and Information Technology, the CCID Public Chain Technology Assessment Working Group has made some changes to the ranking structure of the index:

The second-phase assessment model has been optimized compared to the first phase. The security assessment algorithm has been improved and the evaluation indicator for ease of deployment of public-chain nodes has been added.

However, the basic model of technology assessment has not changed since the index was, the group explained. Evaluation criteria for the rankings are still focused on three aspects of the overall crypto projects: the basic level of technology displayed, the usefulness of the application, and the innovativeness of the project. There was no mention of typical factors used to rank cryptocurrencies such as liquidity, volume, adoption, or price.

EOS First, Bitcoin Dropped to 17th Place

EOS, which was not included on the original list, tops the second list overall. Ethereum, which ranked number one last month, has now been bumped to second place. Bitcoin has dropped from 13th place to 17th place. Bitcoin Cash fell slightly from 25th place to 28th place.

“The EOS main network went live on June 10. Although there was an accident such as a short-term suspension, it was highly active in technological innovation, and the software update speed was still one of the new generation public chains that are currently most concerned by the industry,” the CCID explained. “However, due to its short on-line time, the stability of the network remains to be observed.”

The center elaborated:

The results showed that the evaluation index of EOS…was 161.5, ranking first in the evaluation index list. Ethereum, the first player in the previous period, took the second place with a combined score of 138.4…Bitcoin’s public chain technology assessment index is 91.5, ranking 17th.

Two days after the Chinese index was released, the EOS Core Arbitration Forum issued its first censorship order, demanding its miners to refuse “to process transactions of any kind for the affected EOS account names and/or public keys, pending further review of the claims by an arbitrator.” 27 different wallet addresses are included in the order.

The second index (left). The first index (right).What do you think of China’s crypto project rankings? Let us know in the comments section below.

Images courtesy of Shutterstock, EOS, and CCID.

Need to calculate your bitcoin holdings? Check our tools section.

The post China’s New Crypto Rankings – EOS First, Ethereum Second, Bitcoin Drops to 17th appeared first on Bitcoin News.

 

source: news.bitcoin.com/chinas-crypto-rankings-eos-ethereumbitcoin/

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I Delivered Packages for Amazon and It Was a Nightmare I Delivered Packages for Amazon and It Was a Nightmare Technology I Delivered Packages for Amazon and It Was a Nightmare Amazon Flex allows drivers to get paid to deliver packages from their own vehicles. But is it a good deal for workers? Jun 25, 2018 Aygun Aliyeva / Shutterstock.com / Arsh Raziuddin / The Atlantic / GoogleMaps I’m sure I looked comical as I staggered down a downtown San Francisco street on a recent weekday, arms full of packages—as I dropped one and bent down to pick it up, another fell, and as I tried to rein that one in, another toppled. Yet it wasn’t funny, not really. There I was, wearing a bright-yellow safety vest and working for Amazon Flex, a program in which the e-commerce giant pays regular people to deliver packages from their own vehicles for $18 to $25 an hour, before expenses. I was racing to make the deliveries before I got a ticket—there are few places for drivers without commercial vehicles to park in downtown San Francisco during the day—and also battling a growing rage as I lugged parcels to offices of tech companies that offered free food and impressive salaries to their employees, who seemed to spend their days ordering stuff online. Technology was allowing these people a good life, but it was just making me stressed and cranky. “NOT. A. GOOD. DEAL,” I scrawled in my notebook, after having walked down nine flights of stairs, sick of waiting for a freight elevator that may or may not have been broken, and returned to my car for another armful of packages. Welcome to the future of package delivery. As people shop more online, companies like Amazon are turning to independent contractors—essentially anyone with a car—to drop parcels at homes and businesses. Flex is necessary because Amazon is growing so quickly—the company shipped 5 billion Prime items last year—that it can’t just rely on FedEx, UPS, and the Postal Service. Flex takes care of “last mile” deliveries, the most complicated part of getting goods from where they’re made to your doorstep. It also allows Amazon to meet increases in demand during the holiday season, Prime Day, and other busy times of the year, a spokeswoman told me in an email. But Flex operates year-round, not just during the holiday season, which suggests there’s another reason for it: It’s cheap. As the larger trucking industry has discovered over the past decade, using independent contractors rather than unionized drivers saves money, because so many expenses are borne by the drivers, rather than the company. Amazon has rolled out Flex in more than 50 cities, including New York; Indianapolis, Indiana; and Memphis, Tennessee. The company doesn’t share information about how many drivers it has, but one Seattle economist calculated that 11,262 individuals drove for Flex in California between October 2016 and March 2017, based on information Amazon shared with him to help the company defend a lawsuit about Flex drivers. On the surface, these jobs, like many others in the gig economy, seem like a good deal. But Flex workers get no health insurance or pension, and are not guaranteed a certain number of hours or shifts a week. They are not covered by basic labor protections like minimum wage and overtime pay, and they don’t get unemployment benefits if they suddenly can’t work anymore. And when workers calculate how much they’re pulling in on a daily basis, they often don’t account for the expenses that they’ll incur doing these jobs. “A lot of these gig-type services essentially rely on people not doing the math on what it actually costs you,” Sucharita Kodali, a Forrester analyst who covers e-commerce, told me . One Amazon Flex driver in Cleveland, Chris Miller, 63, told me that though he makes $18 an hour, he spends about 40 cents per mile he drives on expenses like gas and car repairs. He bought his car, used, with 40,000 miles on it. It now has 140,000, after driving for Flex for seven months, and Uber and Lyft before that. That means he’s incurred about $40,000 in expenses—things he didn’t think about initially, like changing the oil more frequently and replacing headlights and taillights. He made slightly less than $10 an hour driving for Uber, he told me, once he factored in these expenses; Flex pays a bit better. Miller’s wife has a full-time job with benefits, so his Flex earnings are helpful for paying off his family’s credit-card bills. But “if I were trying to make this work as a single guy on my own, it would be tough to do that,” he said. His costs might actually be lower than what most drivers spend: The standard mileage rates for use of a car for business purposes, according to the IRS, are 54.5 cents a mile in 2018. I became an Amazon Flex independent contractor by downloading an app, going through a background check, and watching 19 videos that explained in great detail the process of delivering packages. (I did not get paid for the time it took to watch these videos, nor was there any guarantee that I would be approved as a driver once I watched the videos.) The videos covered topics like what to do if a customer decides they don’t want their order anymore (“Isn’t this customer nuts?!,” Amazon asks), and how to deliver alcohol (asking customers how old they are, it turns out, is not an acceptable form of checking ID). Because the videos were followed by quizzes, I actually had to pay attention. After I was finally approved as a driver, a process that took weeks, I signed up for a shift. Flex drivers get work by opening the app and clicking on available shifts; current Flex drivers told me that newbies get offered the best hours and rates. My first shift was from 11:00 a.m. to 2:30 p.m. on a Tuesday, delivering packages from an Amazon logistics center in South San Francisco, about 30 minutes from my apartment. Different shifts offer varying rates; my three-and-a-half-hour block was going to net me $70, according to the app, though of course I had to pay for my own fuel and tolls. The app would tell me where to pick up the packages, where to drop them off, and what route to take, so the task seemed pretty easy. I anticipated a few leisurely hours driving between houses in a sleepy San Francisco suburb, listening to an audiobook as I dropped packages on doorsteps, smelling the lavender and sagebrush that grace many front lawns here. My first hint that the afternoon was not going to be the bucolic day I had imagined came when I drove into the Amazon warehouse to pick up the packages. I was handed a yellow safety vest to wear inside the warehouse so other drivers could see me, “compliments of Amazon,” a man told me, and was directed to a parking spot where a cart of packages awaited. I began loading them into my trunk, but paused when I saw the addresses printed on them. I was assigned 43 packages but only two addresses: two office buildings on Market Street, the main thoroughfare in downtown San Francisco. This meant driving into downtown San Francisco in the middle of a workday, stashing my car somewhere and walking between floors and offices in the two buildings. Readers weigh in on the pitfalls of the gig economy. “Where am I supposed to park?” I asked the two men who were guiding traffic in the warehouse, as I loaded giant boxes and slim white Prime envelopes into my overstuffed car. They both shrugged. “Lots of people just get tickets,” one told me. I was still feeling optimistic as I headed through 30 minutes of traffic to downtown San Francisco. I saw container ships on the horizon of the Bay as I drove up Highway 101, and for a moment, felt like an integral part of a global delivery chain that brought these packages from China, across the sea, to the port, over the roads, into the backseat of my car, and now to the people eagerly awaiting them. By some measures, delivering packages is one of the few “good” jobs left in America for people without college degrees. The Teamsters represent roughly 260,000 UPS workers, who make around $36 an hour . The American Postal Workers Union represents around 156,000 clerks and support workers, who make, on average, $75,500 annually, according to the union. The National Association of Letter Carriers, which did not respond to requests for comment, represents the actual Postal Service delivery workers. * Yet these union jobs are under pressure. “These are good jobs, and they can get much worse really fast,” Steve Viscelli, a sociologist at the University of Pennsylvania who writes about the trucking industry, told me. The Teamsters recently gave workers the go-ahead to call a strike amid ongoing contract negotiations, although the two sides said late last week they’d reached a tentative deal. The American Postal Workers Union is about to begin contract negotiations too. Workers are pushing back over weekend deliveries and the lower pay and benefits given to part-time workers. UPS now has a second tier of part-time workers who make as little as $10 an hour; the Postal Service has added workers it calls city carrier assistants who make less than regular mail carriers. And then, of course, there’s Flex. If the delivery workforce continues to shift toward nonunionized workers and independent contractors, the industry could go from one where workers can support a family to one where they are making less than minimum wage. That’s what happened in the long-haul trucking industry, according to Viscelli. The average long-haul trucker today makes about $40,000 , down from the equivalent of $100,000 in 1980. “There’s been a whole movement to try to contain costs and undercut labor costs by classifying drivers as independent contractors so companies don’t have to worry about wage laws,” says Shannon Liss-Riordan, an attorney who has filed numerous lawsuits against tech companies for misclassifying workers as independent contractors. Amazon Flex employees sometimes make below the minimum wage in the city where they live—including in Seattle, where the minimum wage is $15 an hour—and they do not receive time-and-a-half for the hours they work over 40 hours a week, according to a lawsuit Liss-Riordan filed on behalf of Flex workers in U.S. District Court in Washington State. (Amazon said it does not comment on pending litigation.) For some people, being an independent contractor is one of the best parts of driving for Flex. Jeremy Brown, a 36-year-old Flex driver in Milwaukee, told me that he likes the freedom of being his own boss. If he wakes up in the morning and doesn’t feel like driving for Flex, he can go back to sleep, or spend his time leading the music worship service at his church, or homeschooling his kids. He makes enough money—around $120 a day, when he factors in expenses—from Flex that his family relies on it for the bulk of their income. Brown often finishes his two-hour shifts in a shorter time than Amazon has estimated they will take. But if it takes a Flex driver longer to complete their deliveries than Amazon has calculated it will, they don’t get paid for the extra time. (An Amazon spokeswoman told me that “the vast majority” of blocks are completed within or in less than the estimated time.) If the driver gets into a car accident, the driver, not Amazon, is responsible for medical and insurance costs. If a driver gets a speeding ticket, the driver pays. (UPS and FedEx usually pay their trucks’ tickets, but Amazon explicitly says in the contract Flex drivers sign that drivers are responsible for fees and fines-.) Because of the way Flex works, drivers rarely know when blocks of time will become available, and don’t know when they’ll be working or how much they’ll be making on any given day. Brown likes to work two shifts delivering groceries for Amazon, from 4:30 to 6:30 a.m. and 6:30 to 8:30 a.m., but the morning we talked, no 4:30 shifts were available. He sometimes wakes up at 3 a.m. and does what Flex workers call the “sip and tap,” sitting at home and drinking coffee while refreshing the app, hoping new blocks come up. He does not get paid for the hour he spends tapping. Twice in the last year, he’s been barred from seeing new blocks for seven days because Amazon accused him of using a bot to grab blocks—he says he just taps the app so frequently Amazon assumes he’s cheating. When he is barred from seeing blocks, he has no recourse but to repeatedly email Amazon, which has never led to his suspension being lifted. Amazon also does not break down how much he receives in tips and how much he receives in pay from the company—for all he knows, people are tipping him $20 and Amazon is paying him less than minimum wage. And he doesn’t have a boss he can ask what’s going on. Kelly Cheeseman, an Amazon spokeswoman, told me that Flex is a great opportunity for people to be their own boss and set their own schedule. If workers prefer to be full-time employees, rather than independent contractors, the company has a “wide variety” of full- and part-time opportunities, she said. (Of course, many of the full-time jobs are physically challenging as well. Chris Miller, the Cleveland worker, told me that he preferred working as a contractor to working as an employee for Amazon, which is infamous for high levels of stress and pressure among employees.) Cheeseman said that most Flex workers are doing the job as a side gig to make money when they’re in school or raising kids. But Nikolay Akunts, a driver who administers a Facebook group for Flex workers in the San Francisco Bay Area, told me that 70 to 80 percent of the drivers in the group are doing so full-time. (Akunts drives for Flex in Sunnyvale, California, from 4:30 to 8:30 a.m. and then goes to his full-time job at a software company.) Even people who work for Flex full-time know they can’t always depend on the app to make money. Akunts said that people often get “deactivated,” which means they receive a message telling them they can no longer drive for Flex. Sometimes, the workers don’t know why they’ve been terminated and their contract annulled, he told me. It can take as long as a month to get reinstated. Akunts, who likes working for Flex and makes a lot of money doing so, told me that he’s one of the only drivers left after three years delivering packages in Sunnyvale who hasn’t been deactivated or quit. “Amazon keeps you on a high standard,” Akhunts said. If someone ordered a grocery delivery but doesn’t answer the phone, Akunts keeps trying—the customer might be in the shower or on the other line, he said. This dedication to the customer, he said, is what Amazon expects from its workers. When I arrived at the Market Street address where the first batch of packages were supposed to be delivered, I swiped “I’ve arrived” on the Flex app. The app informed me that I should actually be delivering the packages at the freight elevator on Ellis Street, in the back of the building—a two-minute walk, but a traffic-choked 10-minute drive, away. Once I arrived there, I discovered there was nowhere to park legally. I was already nearly an hour into my shift and hadn’t delivered a package yet, so I parked at a red parking meter reserved for trucks with six wheels or more from 7 a.m. to 6 p.m. and started to make trips to the building, my arms full of parcels. Flex drivers often fill their cars to the brim before delivering packages. (Alana Semuels / The Atlantic) I tried to move quickly so that I wasn’t leaving my car unattended for very long, but after walking in circles through the building, I reemerged onto Ellis Street and encountered a parking enforcement officer about to write me a ticket. I explained my difficulty: that I was delivering for Amazon, but there was nowhere to park, since I didn’t have commercial plates. What was I supposed to do? My only option, since I was driving a personal car, he said, was to park in a garage, or deliver the packages at night. But lots of people risk it and park illegally in meters, he told me—the number of parking citations issued in the first three months of the year for people parking illegally at red and yellow meters grew 29 percent from 2016, according to data provided to me by the city. I eventually convinced him not to give me a ticket, which would have cost $110 and wiped out my earnings for the day, but even as he pulled away, he warned me that another officer could be coming by soon and wouldn’t hesitate to write me one. Later, when I returned to the warehouse, I encountered a few Flex drivers who had two people in the car, presumably so one could drive and watch out for traffic enforcement officers while the other hopped out to deliver packages. Parking headaches weren’t the only problem. One of the packages I had to deliver was a huge box weighing more than 30 pounds. Because of the limited parking, I ended up walking two blocks with it, resting every 100 steps or so. At one point, a friendly police officer tried to lift it for kicks and groaned audibly. The security guard at the front door of the office building chastised me for carrying the box, and told me that I should be using a dolly to transport it. (None of the 19 videos I had to watch to be a Flex driver recommended bringing a delivery cart or a dolly.) Had I injured myself carrying the package, I would not have been able to receive workers’ compensation or paid medical time off. I also would have been responsible for my own medical care. Brown, the Milwaukee Amazon Flex driver, is the sole provider for his family, and uses BadgerCare, the Wisconsin health-insurance program for low-income residents, for his family’s health insurance. And then there was the fact that the Flex technology itself was difficult to use. Flex workers are supposed to scan each package before they deliver it, but the app wouldn’t accept my scans. When I called support, unsure of what to do, I received a recorded messaging saying support was experiencing technical difficulties, but would be up again soon. Then I got a message on my phone telling me the current average wait time for support was “less than 114,767 minutes.” I ended up just handing the packages to people in the offices without scanning them, hoping that someone, somewhere, was tracking where they went. (Amazon says it is constantly taking driver feedback into consideration to improve Flex.) Two of the small offices I was supposed to deliver packages to were locked, and there was no information about where to leave the deliveries. When I finally reached support and asked what to do with those undeliverable packages, I was told I could either drive them back to the warehouse in South San Francisco, 35 minutes away through worsening traffic, or keep trying to deliver them until the recipients returned. When I tried to use the app to call the recipients, it directed me to the wrong phone numbers; I eventually called a phone number printed on an office door and left a message. But there was no efficient way to register my problems with Amazon—I was on my own. All my frustration really hit when I went to the second office building on Market Street, home to a few big tech companies. One of them took up multiple floors, smelled strongly of pizza, and had dog leashes and kibble near the front door. Young workers milled around with laptops and lattes, talking about weekend plans. They were benefiting from the technology boom, sharing in the prosperity that comes with a company’s rapid growth. Technology was making their jobs better—they worked in offices that provided free food and drinks, and they received good salaries, benefits, and stock options. They could click a button and use Amazon to get whatever they wanted delivered to their offices—I brought 16 packages for 13 people to one office; one was so light I was sure it was a pack of gum, another felt like a bug-spray container. Until then, I had been, like them, blithely ordering things on Amazon so I wouldn’t have to wait in line at a store or go searching for a particular product (even though I knew, from talking to warehouse workers , that many of the jobs that get those packages to my door aren’t good ones). But now, technology was enabling Amazon to hire me to deliver these packages with no benefits or perks. If one of these workers put the wrong address on the package, they would get a refund, while I was scurrying around trying to figure out what they meant when they listed their address as “fifth floor” and there was no fifth floor. How could these two different types of jobs exist in the same economy? Gig-economy jobs like this one are becoming more and more common. The number of “non-employer firms” in the ground-transportation sector—essentially freelancers providing rides through various platforms—grew 69 percent from 2010 to 2014, the most recent year for which there is data available, according to a Brookings analysis of Census Bureau and Moody’s data. Big cities like San Francisco, Boston, and Denver led the growth, according to Mark Muro, a senior fellow and policy director at the Metropolitan Policy Program at Brookings. Regular payroll employment in ground-transportation companies grew at a much slower rate, Brookings found. People are worried that automation is going to create a “job apocalypse,” but there will likely be thousands more driving and delivery jobs in upcoming years, according to Viscelli. Technology has allowed people to outsource the things they don’t want to do; they can now have someone else go grocery shopping for them, pick up their takeout, bring them packages in under two hours so they don’t have to go to a store. “We’re going to take the billion hours Americans spend driving to stores and taking things off shelves, and we’re going to turn it into jobs,” Viscelli said. “The fundamental question is really what the quality of these jobs is going to be.” This shift could create even more congestion in cities as hundreds of small passenger cars flood the streets. It also could fundamentally change people’s relationship with their employers—think of people like Chris Miller, the Ohio Flex driver, who for years was a full-time employee at various radio stations, and now is on his own. “It concerns me that this could be the way of the world,” he told me. There are efforts to make some of the people who drive for Flex employees rather than independent contractors, a move that worker advocates say could go a long way in improving the quality of these jobs. The lawsuit filed by Shannon Liss-Riordan in Washington State, for example, argues that Flex drivers are employees, not independent contractors, because they receive unpaid training about how to interact with customers and handle deliveries, they must follow Amazon’s instructions about where to make deliveries, and they can be terminated if they don’t follow the company’s policies. Liss-Riordan filed the lawsuit on behalf of five plaintiffs, but is hoping to add more. The California Supreme Court ruled in April that businesses must use an “ABC” standard when deciding how to classify workers. The standard, already in use in Massachusetts and New Jersey, means a worker is an independent contractor only if the work is done without direction and control from the employer, outside the course of the employer’s usual business, and is done by someone who has his or her own independent business doing that kind of work. This may make it harder for employers to classify workers as contractors—but still, it will be hard for Amazon Flex workers in California to change their classification. They will have to file a formal complaint or take the matter to court, assuming Amazon and other gig-economy companies do not reclassify them on their own. Liss-Riordan says one of the biggest obstacles in getting workers to take legal action over their classification is that many Flex workers agree, upon signing up to deliver packages, to resolve disputes with Amazon through arbitration. Companies can now use arbitration clauses to prevent workers from joining together to file class-action lawsuits, because of a May Supreme Court ruling . (A new lawsuit now in front of the Supreme Court argues that transportation workers are exempt from that rule.) Looking back through the many things I’d agreed to when signing up for Flex, I found that I, too, was governed by a binding arbitration agreement. The only way to opt out of this arbitration agreement would have been to inform Amazon I did not want to be covered by it within 14 days of signing the agreement. For me, being an independent contractor meant that the job was lonely, with no colleagues to share stories with, and no boss to ask about the many confusing aspects of being a first-day driver. (Flex drivers complained to me that even when they do contact support with a complaint, they often receive back a form letter, making them feel like they are working for a robot rather than a company that employs actual humans.) Many drivers take to Facebook to share stories and tips, but I only found those pages much later. My only interactions, aside from the parking enforcement officer, were with the people receiving the packages, who often said a distracted “thank you” as they tore open their packages, and with receptionists, who would nod me to mail rooms overflowing with brown boxes. Being an independent contractor also meant that the job was hard to leave behind, even when I was done for the day. A few hours after I’d finished my shift, I received a call on my cellphone from a woman to whom I’d tried to deliver a package earlier that day. There had been no instructions about where to leave the package, but she told me she had frequently asked Amazon to leave her packages with another office. As she began chastising me—and Amazon—for my failures, I told her I wasn’t responsible anymore and hung up the phone. Even weeks after I’d stopped driving for Flex, I kept getting new notifications from Amazon, telling me that increased rates were available, tempting me to log back in and make a few extra bucks, making me feel guilty for not opening the app, even though I have another job. And I didn’t even have to put up with the early, unpaid hours of the “sip and tap” drivers who depended on Flex for work that they never knew for sure was coming the next day. Flex was not a good deal for me. My shift lasted slightly longer than the three-and-a-half hours Amazon had told me it would, because I had to return two undeliverable packages to the South San Francisco warehouse. On my traffic-choked drive there, I passed a billboard showing a man who had made millions through Bitcoin sitting on a beach. My tech-economy experience was far less lucrative. In total, I drove about 40 miles (not counting the 26 miles I had to drive between the warehouse and my apartment). I was paid $70, but had $20 in expenses, based on the IRS mileage standards. I had narrowly avoided a $110 parking ticket, which felt like a win, but my earnings, added up, were $13.33 an hour. That’s less than San Francisco’s $14 minimum wage. I eagerly awaited my paycheck, which was supposed to be deposited into my bank account the Friday after my shift. It never came. Something had gone wrong with the way I entered my bank-account number into the app, and when I wrote to support to report this, I received a form letter back that said I was emailing Amazon from the wrong email address. I’m still corresponding with Amazon to figure out exactly how to get paid—more time spent trying to eke out a meager wage in the gig economy. We want to hear from you. Please email your response to letters@theatlantic.com . * This article previously misstated which workers are represented by the American Postal Workers Union. We want to hear what you think about this article. Submit a letter to the editor or write to letters@theatlantic.com. Alana Semuels is a staff writer at The Atlantic . She was previously a national correspondent for the Los Angeles Times . Read More… The post I Delivered Packages for Amazon and It Was a Nightmare appeared first on TBNT Have The Solution. from TBNT Have The Solution ift.tt/2Lw51wd via Article Source ift.tt/eA8V8J TBNT Have The Solution August 27, 2018 at 04:56AM

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Dịch thuật hợp đồng xây dựng là một loại dịch vụ đặc thù vì đòi hỏi sự hiểu biết đồng thời các thuật ngữ pháp lý và thuật ngữ chuyên ngành xây dựng. Dịch Thuật SMS có kinh nghiệm phong phú trong lĩnh vực dịch thuật hợp đồng tiếng Anh nói chung và dịch hợp đồng xây dựng nói riêng.

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Để được báo giá dịch tiếng Anh sang Việt và dịch sang tiếng Anh cho hợp đồng xây dựng và tài liệu xây dựng nói chung:

  

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Xem ở dạng văn bản thuần túy

CONTRACT OF

CONSTRUCTION DESIGN CONSULTING SERVICE

No: 01/2016/HD-ABC

 

Today, 08th March, 2016, we are:

ABC CORPORATION

Address:

Tel:Fax:

Represented by:Position:

Tax code:

(Hereinafter being referred to as “Owner”)

And:

XYZ PROJECTS (VIETNAM) LTD

Address:

Represented by:Position:

Tax code:

Account no:

(Hereinafter being referred to as “Consultant”)

Owner as well as Consultant is called the “Party” individually and the “Parties” in commonly.

Whereas:

Owner needs to use construction design services related to construction project of ABC Building located in lot Z.03b-04 and lot Z.05-06-07, Industrial Park, Tan Thuan export processing zone, Tan Thuan Dong Ward, District 7, HCMC, Viet Nam (the “Project”);

Consultant is a construction design consulting organization which is authorized to do business in Vietnam. Proposal documents submitted by Consultant have been approved by the Owner for performance of works required for the Project.

Now, therefore the Parties hereto mutually agree to sign the Contract of Construction Design Consulting Service (the “Contract) under following terms and conditions:

ARTICLE 1. OBJECT OF THE CONTRACT1.1 Consultant agree to provide construction design service for construction of the Project in accordant with provisions of Appendix A – Scope of Work attached hereto (the “Service”).

 

1.2 Consultant shall carry out the Service as schedule described in Appendix B – Project Schedule attached hereto.

ARTICLE 2: CONSULTANT’S DUTIES, OBLIGATIONS AND RESPONSIBILITIES2.1 The Consultant shall perform the Service hereunder timely in accordant with Project schedule stipulated herein; assure quality of Project subject to Vietnamese Government’s regulation as well as Owner’s requirements; and transfer all relevant documents specified herein.

 

2.2. To present and defend his convictions of design content in the presentation and approval meetings with Owner’s authorities;

 

2.3. To inform Owner timely and fully all information related to Project design;

 

2.4. To promptly modify design, figures, drawings, documents records related to the Project, as requested by Owner, necessitated by errors or omissions subject to the Consultant’s faults.

 

2.5 To designate qualified individual, personnel in compliance with the provisions of the law to undertake author supervision during Project construction.

 

2.6 Consultant has responsibilities to explain and clarify construction design documents to Owner, constructors in order to control and execute construction following correct design.

 

2.7 When identifying deviation between construction and construction design (except modification approved by Consultant), author supervisor of Consultant shall take note the deviation in supervision record and inform Owner to ask constructors to adjust construction in accordant with construction design; Consultant shall be held harmless from liabilities by Owner and/ or Constructor subject to the adjustments are not carried out thereby as Consultant’s advice.

 

2.8 During author supervision, in case any construction category is not qualified for acceptance, Consultant shall send a written notification to Owner therein clarify the reasons for rejection of acceptance.

 

2.9 To adjust design to match the reality and Owner’s requirement in accordant with scope of project stipulated hereunder; Owner shall make payment for additional Service Cost set forth in Article 8.2 hereunder.

 

2.10 To attend the meetings related to construction design during construction when receipt of invitation from Owner.

 

2.11 To attend acceptance testing for trial operation and official operation.

 

2.12 In case that Consultant indicates subcontract from the third parties for performing a part within the Service of the Contract, the Consultant shall:

 

Notify Owner of the subcontract 15 days in advance. Subcontract shall not be applied without written approval by Owner. The subcontract is considered to be accepted by Owner providing that Owner has no written response within 15 days upon receipt of the written subcontract notice from Consultant.

 

a.The Consultant has to assure that his indicated subcontractors as condition herein shall performance correctly and fully works with respect to this contract. Consultant shall be responsible for result, quality and schedule of the works performed by the subcontractors.

 

b.Consultant shall be responsible for cost and expenditures arising from the performance of subcontractors.

 

c.Consultant has liability to compensate Owner for actual damages caused by the violation performed by the third parties.

 

2.13 All finished works transferred to Inspector shall comply with provision of the contract, in full legitimacy, and be accepted by Owner. The acceptance of Inspector shall not relieve Consultant of liabilities for his design.

 

2.14 Consultant shall conform to laws, regulations, rules, mandatory standards applied for Service under this Contract.

 

2.15 To return to Owner all relevant documents obtained from performance of the Contract.

 

2.16 To coordinate with Owner to resolve problems occurred in connection with performance of this Contract.

 

2.17 Consultant guarantees that:

a.Consultant has full authorities to sign and fulfill this Contract

 

b.Consultant is not bound by any liabilities which prevent Consultant from performance fully, promptly and entirely his duties, obligations and liabilities stipulated herein.

 

c.Consultant does not violate intellectual property rights owned by the third parties in connection with performing of Service under this contract.

ARTICLE 3: OWNER’S PROPERTY AND SUPPORT3.1 Any property which is bought or provided by Owner to Consultant for the purpose of performance of the Service is supposed to Owner’s possession. When the Service is fulfilled or the Contract comes into expiration, Consultant shall transfer fully all property to Owner. Any damages, losses or attritions shall be clarified by Consultant in a brief, including: reason for damages, losses or attritions, type of property, figures of damages, losses or attritions by the time of transfer. For lost properties, Consultant has obligations to compensate Owner for the remained value after deduction of depreciated value at the time of damage, losses. The Depreciation period is three (3) years.

 

3.2 If necessary, Owner shall support Consultant in obtaining allowance from Ho Chi Minh City Export Processing and Industrial zones authority (“HEPZA”), allowing Consultant’s staff, the third parties indicated by Consultant to enter the area of project for purpose of surveys, measurement and other necessary works. However, Consultant agrees that any entering or movement performed by his personnel shall not affect normal activities of HEPZA or other organizations in Tan Thuan Export Processing Zone.

ARTICLE 4: OWNER’S DUTIES, OBLIGATIONS AND RESPONSIBILITIES4.1 Owner has obligation to provide Consultant with all necessary information related to Project timely as requested deadline to facilitate Consultant’s performance of Service on time.

 

4.2 To make payment to Consultant on time, as full and complete payment set forth in Appendix C attached hereto.

 

4.3 To be responsible for correctness and completion of documents furnished by himself.

 

4.4 To coordinate with Consultant to resolve problems occurred during performance of Service hereunder.

 

4.5 Owner guarantees that:

a.Owner has full authorities to sign and fulfill this Contract; and

 

b.Owner is not bound by any liabilities which prevent Owner from performance fully, promptly and entirely his duties, obligations and liabilities stipulated herein

 

c.Owner does not violate intellectual property rights owned by the third parties in connection with performing of Service under this contract.

 

ARTICLE 5 CONSULTANT’S PERSONNEL AND PERSONNEL REPLACEMENT 5.1 Consultant has obligations to assure the attendance of the individuals listed in Appendix D – Project Personnel;

 

5.2 Consultant’s personnel working in scope of Project shall be applied health inspection to ensure the health for undertaking their responsibilities. At the same time, such persons shall have qualification and abilities appropriate for the works undertook by themselves.

 

5.3 In case that Consultant needs to replace indicated staff, the replacement shall be noticed to Owner fifteen (15) days in advance, in written form and shall not be applied without written approval by Owner. The replacement is considered to be accepted by Owner providing that Owner has no written response within 15 days upon receipt of the written replacement notice from Consultant.

  

5.4 In case that Owner identifies that Consultant’s personnel is unqualified for the works, Owner shall inform Consultant in written form to replace personnel. Consultants shall consider such information and replace personnel joining the Project immediately no later than three (3) working days to assure Project schedule and Project requirements.

ARTICLE 6: CAREER LIABILITY INSURANCEConsultant has liability/ obligation to buy career liability insurance with limit value of a million dollars (USD 1,000,000), at the same time has obligation to maintain insurance value and insurance validity throughout the period of validity of the Contract until the fulfillment of Construction.

 

Consultant shall, within fifteen (15) days from the effective date of this Contract, provide Owner with certified copies of insurance certificate and other relevant documents as reasonably requested by Owner.

 

In case of fault of Consultant affecting Project and insurer rejects or does not carry out entire compensation for any reason, Consultant shall be responsible for the left value of compensation which is rejected or not carried out by insurer.

ARTICLE 7: GUARANTEE OF CONTRACT FULFILLMENT 7.1 Consultant shall provide bank guarantee of contract fulfillment with value of 10% of the Contract value. Owner has the right to delay any amount of payment until appropriate bank guarantee is submitted by Consultant;

 

7.2 In case that Consultant does not fulfill or fulfill incorrectly any duties, obligations, or liabilities under this Contract, Owner has the right to request guarantee bank to use guarantee value for compensation or penalties in accordant with this Contract.

 

7.3 Consultant guarantees that the guarantee agreement letter shall be issued by a legally authorized bank in Vietnam not accompanied by any disadvantage conditions against Owner’s interest.

 

7.4 Owner shall provide Consultant with acceptance letter of bank guarantee clearance after 7th payment period set forth in APPENDIX C – PAYMENT SCHEDULE.

  

ARTICLE 8: CHANGE OR MODIFICATION8.1 Content of Service under this Contract can be changed during performance by written agreement by the Parties.

 

8.2 Cost and expenditures arising from major changes requested by Owner is only to be paid by Owner to Consultant in such cases:

a.Change of location, construction area, size, original design of the Project.

 

b.Beyond scope of Service

c.Major changes in design (excluding approved conceptual design & basic design) providing that such changes is to be approved by Owner or government authorities. Major changes are the changes causing the redesign counting to 20% of total area of construction, obtaining approval from Owner or government authorities earlier. Arising cost and expenditures shall be confirmed by Owner within seven (7) days from the day Owner is made aware of such cost and expenditures. Beyond this period, if Owner has no approval or response on such cost and expenditures, scope of service will maintain.

8.3. The arising cost and expenditures shall be agreed by the Parties but not exceed to 8% of total value of the Contract.

 

8.4 Changes which is in scope of service and/ or upon requested by government authorities due to fault of Consultant during the performance of the Service – excluding changes due to changes of laws or government’s regulations, shall not be paid for additional cost and expenditures arising in connection with such change.

ARTICLE 9: LIABILITIES FOR CONTRACT BREACH 9.1 If a Party violates any of his duties, obligations or liabilities under this Contract, the Party shall incur a penalty equal to 12% of value of the violated part and shall compensate the other Party for actual damage.

 

9.2 Independent from Term 9.1 herein, if the performance of the Service is delayed due to fault of Consultant or the third parties indicated by Consultant that causes extension in time or schedule of the Service or increase in cost, Consultant shall incur a penalty equal to 0.1% of value of the violated part per week, providing that the total penalty value does not exceed 12% of value of the violated part.

 

9.3 Independent from Term 9.1 herein, if any amount of payment is not paid to Consultant on time as stipulated in appendix C, Owner shall incur an interest rate 8% per year for the overdue amount on overdue days. The interest is to be counted from the 8th overdue date to the date Owner settles full payment to Consultant.

 

9.4 Independent from Term 9.1 herein, if there is any delay caused by Owner affects progress of Consultant’s performance of Service, Owner shall extend the deadline of Service a period equal to the delay so that the Consultant has enough time to perform the Service as agreed.

 

9.5 If Owner does not fulfill or fulfill incorrectly his duties, obligations or liabilities under this Contract or does not settle payment completely and timely but makes an overdue payment beyond ten (10) days from the due date.

a.Consultant has the right to suspend the Service within five (5) working days providing that such suspension has to be notified by Consultant and be received by Owner in written form.

 

b.Besides incurring such above mentioned interest for delay in payment due to faults not of Consultant, Owner shall also incur the penalty as stipulated in Term 9.1herein.

 

After Owner fulfills fully his duties, obligations or liabilities under this contract, Consultant has obligation to continue performance of the Service.

ARTICLE 10: TERMINATION OF CONTRACTThe Contract is to be terminated under following conditions:

10.1 By Consultant when Owner delays in payments over thirty (30) days from the due date.

 

10.2 By Owner when Consultant delays his performance of the Service in accordant with Appendix B under this Contract providing that such delay is not by fault of Owner.

 

10.3 By one of the Party when the other Party goes into liquidation or bankruptcy;

 

10.4 By one of the Party due to force majeure set forth in Article 15 hereunder

 

10.5 By one of the Party when the construction of the Project is suspended, for any reason, for hundred and eighty (180) days

 

10.6 If the Contract is terminated in accordant with Term 10.1 and 10.4 under this contract:

a.Owner shall make payment to Consultant for the Service performance counting to the date of termination.

 

b.Consultant shall return Owner all advance payment, if any, in accordant with the components of the Service which are not fulfilled by Consultant

 

10.7 If the contract is terminated in accordant with Term 10.3 under this contract, providing that such liquidation or bankruptcy is from Owner side, the Parties agree to apply provision of Term 10.6.

 

10.8 If the contract is terminated in accordant with Term 10.3 under this contract, providing that liquidation or bankruptcy is from Consultant side, the Parties mutually agree as following:

a.Owner shall pay Consultant for cost in accordant with performance of the Service counting till the date of termination, providing that Owner can find an alternative consultants who agree to continue perform the Service base on the work result provided by Consultant at the time of termination, after deduction reasonable cost for the continuation of service performed by the alternative consultants.

 

b.Consultant shall return Owner all advance payment, if any, in accordant with the parts of the Service which are not fulfilled by Consultant

  

ARTICLE 11 SERVICE COST AND PAYMENTService cost and Payment are stipulated at Appendix C – Payment Schedule attached hereto. Service cost shall exclude:

11.1. 10% Value Added Tax (VAT)

11.2. Expenses on business trips outside HCM city.

11.3. Cost, expenses, fees, contribution to be charged by government authorities.

11.4. Land Surveying service

11.5. Soil Investigation service.

11.6. Services related to LOTUS/LEED/GBI/Green Mark standards or any services related to Green Consultancy Services.

11.7. Environment impact assessment.

11.8. Special material inspection

11.9. Cost and expenditures related to import and export, customs duties, license/ declaration levies for materials deemed necessary for the project are not included.

11.10. Site Office and use of office furniture and equipment for site personnel.

11.11. Rendering and animation costs for marketing purpose.

11.12. Other consultancy and specialist consultancy services not listed in Appendix A – Scope of Work.

ARTICLE 12: ABORTIVE WORKIn the event of Discontinuance of the project or Termination of services in writing by both parties, all outstanding fees are to be paid up to the current Stages of work upon the day of notification of termination or discontinuance of the project.

 

Consultant shall also in all cases be reimbursed for the actual cost using of the experts and staff for the actual running works based on the unit price as follows:

 

NoPosition in ProjectUnit

(day/ month)Price

(VND)

1Design DirectorDay

2Design ManagerDay

3Permitting ManagerDay

4ArchitectDay

5C&S EngineerDay

6MEP EngineerDay

7Project Manager & CoordinatorDay

8Senior Draughtperson Day

9Draughtperson Day

10SecretaryDay

 

ARTICLE 13 APPLICABLE LAW AND DISPUTE RESOLUTION

13.1 This contract shall be governed by, and construed in accordance with Vietnamese Laws

 

13.2 Any dispute arising out of or in connection with contract shall be negotiated and discussed by the Parties base on spirit of cooperation, collegiality for dispute resolution.

 

13.3 If arising disputes cannot be solved through negotiation and discussion within thirty (30) days from the arising date, such dispute shall be submitted to arbitration in accordant with Rules of VIAC (Vietnam International Arbitration Center at the Vietnam Chamber of Commerce and Industry), by any Party providing notice to the other Party and VIAC. Any arbitration session in accordant with this article shall be attended by three (3) arbitrators, one indicated by Consultant, one indicated by Owner and the last one indicated by VIAC chairman. The place of Arbitration shall be in Ho Chi Minh city, Vietnam. Arbitration language shall be Vietnamese.

ARTICLE 14 CONFIDENTIALITY & SECURITY14.1 In accordant with this Contract, the “confidential information” definition shall include information, data, documents provided by Owner in oral or written forms, graphics or electric forms, but not limited to legal information and documents related to the Project, financial statement, information of establishment and securities, sketches, marketing campaign, sales plans, product development plan or plan of merge and acquisition (M&A), business relationship, business strategies, customer lists. confidential information shall exclude such information:

a.be announced to public without fault of Consultant

b.be developed by Consultant independently

c.be transferred legally to Consultant by other third parties without causing obligation of information security commit

d.be disclosed upon requirements of government authorities. Before disclosure of information, Consultant shall notify Owner to facilitate Owner’s rejection or reduction of disclosure of information

 

14.2 Owner agrees that Consultant shall be able to use or keep confidential information for purpose of the Contract. To reduce disclosure of information, at any time, through any representative or staff, Consultant shall not, except agreed by Owner: (i) copy, modify, public, reveal, leak, report, announce or transfer such information to any person or organization, for any purpose, or (ii) use confidential information for any purpose not stipulated in or relevant to this Contract.

 

14.3 Consultant agrees that all legal rights and interests in connection with any confidential information shall only belong to Owner possession.

 

14.4 At the time of termination of this Contract, Consultant shall transfer to Owner upon his request all originals or copies of confidential information and other documents containing confidential information which belongs to and under control of Owner regardless of places where such information is stored.

 

ARTICLE 15 FORCE MAJEURE15.1 Force majeure is the events beyond reasonable control of any Party, which prevent the Party to fulfill his duties, obligations, liabilities under this contract, including but not limited to fire, riot, war, terrorism, act of God, ordinance, laws or regulations of governments, biding orders of government authorities or other sudden similar events as regulation of Vietnamese Law.

 

15.2 If the fulfillment of this Contract is interrupted, limited, delayed or affected by force majeure. The Parties have the right to hold harmless against liabilities for unfulfilled components affected or interrupted by Force majeure.

 

15.3 The Party who is prevented from fulfillment of the Contract by Force majeure events shall notify the other party immediately by email and not later than 10 days from the occurring day of the events.

 

15.4 In case the Force majeure events last over sixty (60) days, each Party has the right to terminate the Contract immediately before expiry date providing written notification to other Party. A Party shall hold harmless the other party from and against complaint or claim related to such termination.

 

ARTICLE 16: INTELLECTUAL PROPERTY RIGHTS Consultant has the right to own copyrights of all documents created on their own. Owner has the right to hold possession of the documents. Consultant shall hold entirely liabilities for such copyrights of the documents and guarantee not to violate intellectual property rights of any other third parties. Owner has the right to use completely and permanently the documents (works) created in accordant with this Contract.

ARTICLE 17: GENERAL PROVISION17.1 This contract comes into effect from the date of signing to the fulfillment of obligations in accordance with the articles hereof by both Parties.

 

17.2 Work commencement is on 8th March. 2016

 

17.3 In case that any terms or conditions hereunder is null and void, illegal or unworkable by an authorized Court’s sentence, for any reason, such terms and conditions shall be eliminated. Other terms and conditions remain validity as if the Contract is made without such null and void, unworkable, illegal terms and conditions.

 

17.4 The Assignment of the Contract, or any rights or obligations hereof by Consultant shall not be allowed unless written agreement by Owner.

 

17.5 Any notification in connection with the Contract shall be made in written form and come to effect upon receipt at addresses stipulated in Particular Condition. The transfer shall be by hand, fax or email upon receipt of written confirmation or by registered letter or guarantee letter assuring letter of acceptance. Addresses and recipients as follows:

 

Representative of Owner:

Mr. NGUYEN VAN A

Position: Project Manger

ABC CORPORATION

 

Representative of Consultant:

Mr John Doe

Position: Director

XYZ PROJECTS (VIETNAM) LTD.

 

All notifications, proposals, claims or correspondences etc. from a Party are supposed to be received by other Party in such cases:

a)Three (3) days from sending date in case of registered letter sent by post

b)The date of receiving confirmation of sent status according to normal practice in case of sending by fax

 

In the event that sending date is on Sunday, or holiday in Vietnam, all notifications, proposals, claims or correspondences etc. shall be supposed to be received the next day which is not Sunday or holiday in Vietnam.

 

17.6 Throughout design development stage of the project, the meetings between Owner and Consultant for purpose of progress tracking shall take place weekly in Ho Chi Minh City.

 

17.7 This contract comes into effect from the date of signing to the fulfillment of obligations in accordance with the articles hereof by both Parties.

 

17.8 In case that any terms or conditions hereunder is null and void, illegal or unworkable by an authorized Court’s sentence, for any reason, such terms and conditions shall be eliminated without impact on validity of other terms and conditions.

 

17.9 This contract consists of 12 pages (excluding cover page) and 4 appendixes attached hereto.

 

17.10 This contract is made in four (4) copies in Vietnamese, each Party keeps two (2) copies with equal validity.

 

REPRESENTATIVE OF OWNERREPRESENTATIVE OF CONSULTANT

  

APPENDIX A - SCOPE OF WORK

Design works shall be executed as following categories:

1.General

2.Architecture design

3.Development & Detail Architecture design

4.MEP Schematic Design

5.MEP Development Design

6. MEP Detail Design

7.Civil and structural engineering design

8.Interior design

9.Landscape & outside lighting design

10.Construction Tender support

11.MEP Tender support

12.Author supervision and inspection

13.MEP Testing and Commissioning

All items listed are to be executed at Consultant’s office, except item 11 and 12 are to be executed at construction site.

The detail of work is as following:

1.General

1.1Gather and analyze all parameters possibly affecting the design, such as standards of location, space, technology, facility, necessary regulations and procedures

1.2Assure quality of design to meet requirements of Owner and of local government authorities.

1.3Prepare and provide Owner with documents needed for purpose of licensing, including but not limited to Construction license, certificate of fire fighting and prevention certificate, environment protection guarantee, etc. and other relevant documents as requested by local government authorities.

1.4Coordinate with and support other consultants, designers (if any) and Owner in regular design update and work synchronization during construction.

1.5Provide all of drawings, including but not limited to conceptual design drawings, basic design drawings and detailed designed drawings in 2D and 3D (3D of AutoCAD Revit 3D if any) to Owner or other consultants. Such documents shall be provided in full size, for both hardcopy and softcopy (if any request).

 

All drawings and documents shall be submitted to Owner in three (3) sets. Besides, Consultant shall provide all necessary drawings and documents for requirements of government authorities as regulation without any fee. If the quantity of the submission exceeds the quantity stipulated hereby, the cost and expenditures of printing shall be applied base on following table:

PRINTING FEE

 

Paper SizeBlack and White photocopy (VND)Color printing copy(VND)Black and White printing copy (VND)

A0

A1

A2

A3

A4

Special size

 

2. Architecture design

2.1Coordinate with MEP design consultant to survey location of construction, geography conditions, weather, etc. and propose important requirements and standards as well as necessities for architecture design and MEP design

2.2Develop and submit 3 proposals of architecture models of which Owner selects 2 proposals. Consultant continues to develop detail for all infrastructure elements of the Project, and evaluates specifically possibility, estimates cost and time needed for execution of each proposal. With each proposal, consultant presents conceptual design drawings in appropriate detail level, area of locations, calculates index of GFA rate (Gross Floor Area), NFA (Net Floor Area), land using ratio, etc.

2.3Combine and prepare necessary architectural drawings for presentation to Owner the conceptual and basic designs. Furnish necessary information to facilitate Owner’s investment application.

2.4Develop and complete detail architecture designs. To coordinate closely with other consultants (if any) to facilitate integration of other designs into architecture designs.

2.5During period of conceptual design, submit two (2) conceptual design drawings to Owner, including architecture master plan , landscape and interior furniture sketch for Owner’s selection of one in two submissions.

2.6Execute necessary calculation for selected idea and submit to Owner the information including (but not limited to) following items:

a)Budget estimation

b)Time estimation

c)Planned execution methods.

d)Owner shall approve idea for execution of basic design

 

The rest of this page is empty.

 

3. Detail Architecture Design

3.1Preliminary design includes but not limited to drawings as following:

a.Master Plan, scale of 1:500

b.Floor plans for each floor at appropriate scale

c.Drawings of zones, elevation drawings at appropriate scale

d.Perspective architectural drawings in 3D (3D of AutoCAD Revit 3D if any) for entirely construction and important landscape.

e.Perspective drawings of whole building and other important areas.

f.Detail data tabulation of area, dimension for each area.

g.Documents explaining concept idea.

3.2Necessary documents for Project investment approval include (but not limited to) such documents and drawings as below

a.Lists of drawings

b.Master and detail plans for each design phase of Project.

c.Zoning area, zoning; and

d.Zoning design for floors at scale of 1:200 (or any appropriate rate)

e.Elevation design at scale of 1:200 (or any appropriate rate)

f.3D Perspective showing conceptual design

g.Technical specification for design and development work.

h.All material used for interior and exterior furniture

i.Proposal of color scheme for basic design of interior and exterior

j.Explanation of basic design

3.3Detailed designs include (but not limited to)

a.Detailed designs of all floors and facades of the building and relevant components.

b.Detailed elevation drawings at appropriate rate

c.Detailed facade drawings of the building at appropriate scale

d.Detailed drawings submitted in Article 3 – Interior design and Article 4 – landscape design

 

MEP basic design

4.1Discuss with Owner and construction design consultant to determine design criteria, standards to be conformed, and MEP system to be connected hereby.

Advise the Owner and construction design consultant design criterion and working plan on the Project as well as solutions to save energy (Electricity, Water) during operation.

4.2Provide guidance to Owner and construction design consultant instructions of preliminary discussion about such systems connecting to general systems, including but not limited to electric and water systems, drainage systems, petrol systems, telecommunication systems, lightning protection systems, fire fighting and protecting systems, etc. and instructions of procedures of working with authorities about compliance with connected rule in construction design.

4.3Coordinate with construction design consultant in project building arranging development, including type of the building, overall arrangement and preliminary information of areas/ rooms in use for MEP systems, including (but not limited to) control room, canteen, meeting room, working spaces, etc.

4.4Propose 2 preliminary MEP technical options and calculate loading capacity, analyze advantages and disadvantages, and calculate necessary budget for each option, including but not limit to electric systems (Genset, UPS, substation, etc.), cooling systems, main ancillary systems (security systems, fire fighting and protecting systems, etc.), lightning protection systems and Building operation management system (BMS)

4.5Prepare conceptual design drawings and circuit diagrams for MEP systems and main ancillary systems.

 

4. MEP design development:

5.1Complete details related to requirements of space for function rooms of MEP systems

5.2Execute appropriate development of conceptual design, schedule development for structure and architecture design, and develop drawings base on arrangement of function room and ancillary areas.

5.3Provide basic design documents, including master plan, diagrams, design summary for entire MEP systems, ancillary systems and building operation management system (BMS)

5.4Assist Owner/ construction design consultant in detailed design of function rooms including (but not limited to) loading capacity, raised slab, false ceiling, ramp, loading elevator, underground oil tank, cooling tank, machine platform, etc.

5.5Design the operation supporting system including (but not limited to), fire fighting systems, closed-circuit television system (CCTV-IP), early smoke detection system, access systems, building operation management system (BMS)

5.6Review cost estimation which is prepared by Owner’s quantity advisor, for MEP systems and ancillary systems.

5.7Propose strategies and plans of purchasing and selecting equipment in purpose of investment optimization for MEP systems, ancillary systems and Building operation management system (BMS)

5.8Assist Owner/ construction design consultant in submission of MEP construction design documents to fire fighting and prevention department for approval of the fire fighting and prevention approaches prior to commencing of construction.

5.9Support Owner / construction design consultant to review necessary drawings and documents to be submitted to Authorities.

 

6.1Provide detailed design drawings including detailed drawings for detailed layout of engine rooms, areas, connection diagrams, equipment and detailed installment of the whole MEP systems and ancillary systems - including (but not limited to) electric system (Genset, UPS, substation, etc.), Lightning protection system and Cooling systems

6.2Provide detailed design drawings and design explanation of the fire fighting and prevention for approval of government authorities.

6.3Provide lists of technical specifications of MEP systems and ancillary systems for Owner’s approval, including:

a.Technical specification list of systems including (but not limited to): Electricity, HVAC, Pumping, Drainage, Fire fighting and prevention, raised slab and other ancillary systems.

b.Lists of manufacturers and suppliers of all MEP devices and other materials.

c.Lists of technical data, price ranges, and exchange rates.

6.4Review cost estimation which is prepared by Owner’s quantity advisor, for MEP systems and ancillary systems.

5. Civil and structural engineering design

7.1Develop documents and drawings related to structural engineering design for the whole building and architecture areas of the Project, including (but not limited to):

a.Office building, infrastructure and other architecture items.

b.Internal road, drainage systems and all other civil items.

c.Fences, security gates, parking area and other facilities.

7.2Gather information and requirements needed for construction structure and detailed design, including:

a.Review and evaluate soil investigation report

b.Review and analyze hydrologic data in the past to evaluate flooding level and rainfall in the location

c.Work with local suppliers of infrastructure services on issue of connection.

d.Understand clearly construction regulations at the Industry Park.

e.Understand clearly requirement and using purpose of each architecture items.

7.3Submit Owner proposal of structural engineering design prior to commencing of detail design:

a.Propose standards for basic design related to the structure of the building and architecture items

b.provide foundation of basic analysis for structure and architecture items

c.Present preliminary structural engineering designs

d.Provide detailed technical outline for the Project

7.4Design foundation, piping, sewer for waste water and rainwater, waste water treatment systems and entire of underground structure elements, dimension, arrangement, steel structure and other necessary elements related to the building.

7.5Provide structural drawings at scale of 1:100 and technical specification for main structure elements and auxiliary structure elements (such as staircases, ramp, roofs) or detail of main connection.

7.6Calculate vertical and lateral load capacity for structure, infrastructure and superstructure, including but not limited to such elements:

a.Foundations

b.Structure beams, floors, columns

c.Bearing walls and core walls

d.Staircases, floors, ramp

e.Main steel structure of the building

f.Building facade supporting structure (facades systems)

g.Internal roads and walkways

h.Rainwater drainage system of the building

7.7Prepare reports of loading capacity calculation with full analysis for all construction and civil elements

7.8 Coordinate with MEP design in effective and accurately arrangement for equipment and other elements of the building (panels, louvers, glasses, etc.)

 

6. Interior design

8.1Propose options to Owner, including (but not limited to):

a.Layouts of office and important areas

b.Conceptual design of office and important areas

c.Color and shape

d.Lists of materials, floor tiles, timbers, curtains

e.Perspective layout

f.Layout of electric system, air conditioners, telecommunication systems, screens, etc.

g.Ceilings, walls, floors, doors, windows, etc.

8.2Provide detailed design of lighting arrangement, control point and operation system.

Coordinate with MEP design to connect with main MEP systems of the building.

  

8.3Base on selection of Owner, develop detailed design for interior elements, including (but not limited to):

a.Completed layout for all areas at scale of 1:100 or 1:50

b.Elevation drawings for main and public areas at scale of 1:100 or 1:50

c.Detailed drawings of ceilings at scale of 1:100 or 1:50

d.Completed and sample boards and technical specifications of materials.

e.Options of pictures, dimensions, and descriptions of wall pictures

f.3D perspective (if any) for whole main areas

g.Office interior design, timber furniture and materials

h.Layout of lighting elements, air conditioners, electricity, fire fighting, telephones, etc.

i.Material samples and equipment specifications.

 

7. Landscape & outside lighting design

9.1Gather information of construction location as well as requirements from Owner to submit options for idea of exterior, landscape and lighting

9.2Develop and adjust basic design, provide common idea for development of elements, including:

a.Overall landscape and elevation

b.Concept of Plants and layout of plants

c.Understand functions of and submit proposal of location, dimension, materials for internal roads and walkways, lighting.

d.Understand functions of and submit proposal of location, dimension, materials for external elements, wall, fences, gates, lighting

e.Coordinate with MEP design and infrastructure authorized supplier to propose idea and drawings for drainage system

9.3The basic design package is made in coloured drawings submitted to Owner, including (but not limited to):

a.Handsketch coloured drawings and AutoCAD coloured drawings

b.Basic design drawings at scale of 1:100 or appropriate scale showing layout of hardscape, softscape and other elements.

c.Elevation of landscape at scale of 1:100 or appropriate scale

d.Material options for hardscape

e.Material options for softscape

f.Boards of Material pictures

g.3D views (if any) of the whole areas showing design models

h.Table of cost estimation for each items

9.4Prepare complete documents of detailed landscape design including shop drawings, technical specifications, development plan with full details to meet requirements of Owner and local standard and regulations of government authorities.

9.5Landscape drawings include (but not limited to):

a.All drawings at appropriate scale for hardscape, softscape, internal and external lighting, including layout, dimension and elevation

b.All options for hardscape, softscape, lighting, interior, drainage system, specimens of plants and soil, etc.

c.All shop drawings and construction detail of wall, fences, balconies, internal roads, pavements, plants, drainage system

d.All drawings are made in paper size of A0 or A1, with detailed description of installment, operation, materials, technical specification, sample selection, etc.

8. Construction Tendering

10.1Prepare full set of technical documents for tender, including (but not limited to)

a.Architectural drawings

b.Structural drawings

c.Technical specifications

d.Bill of quantities

e.Construction cost estimation

10.2Coordinate with Quantity surveyor in provision of design drawings for purpose of cost calculation

10.3Facilitate provision of criteria lists defining evaluation standards for tender invitation and tender evaluation, both technical and commercial standards

10.4Facilitate provision of lists defining evaluation methods, necessary procedure for technical evaluation. Provide forms and instructions to assist for evaluation of cost, comparison and balance of cost (value engineering)

10.5Facilitate direct or indirect explanation to contractors’ question during tender stage.

10.6Facilitate Owner in interview, bidding document evaluation and other stages throughout tender (if requested).

9. MEP equipment tendering

11.1Provide complete and full set of tender documents for MEP systems and ancillary systems, including:

a.Layout design for function engine rooms, sections, wiring schematic drawings, equipment selection and detail for basic installment of MEP systems and ancillary systems

b.Technical description for MEP systems and ancillary systems

c.Technical date Selections for equipment and materials

d.Cost table, exchange rates and personnel

11.2Assist Owner prequalify and recommending a list of contractors for MEP package (if requested).

11.3Assist explanation and instructions for contractors during tender stage (if requested).

11.4Assisting the Owner, Project Manager to analyze Tender Bids and making a report on the adequate capacity in terms of technical as well as Tender price (if requested)

11.5Participate in value engineering for MEP tender with selected contractors (maximum 2 contractors). Provide summary report of analysis result.

11.6Provide full drawings, reports, and options for contract signing with final contractor after completion of Tender analysis work and value engineering.

11.7Participate in meetings with other contractors and design consultants, project management group as requested.

 

10. Author supervision and inspection

12.1Provide manual to ensure safety work in construction period, installation and operation in future

12.2Keep track in authorship, periodically present on site (at least one time per 2 week) to assure compliance with design during actual construction on site

12.3Inspect periodically materials used for construction, define discrepancies between design and actual construction

12.4Supplement or review detailed drawings clarifying design details or detail modification in accordant with actual conditions of construction site

12.5Provide manual, instruction for inspection of construction structure, construction materials and participate in checking work (if requested).

12.6During author supervision, notify Owner of discrepancies between design and actual construction, installment of MEP devices and lighting equipment

12.7Supervise landscape execution, including (but not limited to):

a.Specimens of plants in premise

b.Arrangement of plant in premise

c.Arrangement of walkways and pavements

d.Elements relevant to landscape

e.Materials used for landscape

f.Sloping surfaces for water flowing on pavement and zones of green spaces

12.9Submit periodical report to Owner about discrepancies between design and actual construction and solutions

 

11. MEP Testing and Commissioning Supervision

13.1Propose commissioning procedures for MEP systems including (but not limited to) Electric systems, Cooling systems, building operating system, fire detection system and fire fighting.

13.2Review checking procedures and commissioning proposed by the Contractor for MEP systems.

13.3Supervise the complete checking work and commissioning for the whole MEP system and auxiliary system.

13.4Report to Owner, during author supervision, discrepancies between design and actual construction; and between expected results and actual acceptance testing results.

  

REPRESENTATIVE OF OWNERREPRESENTATIVE OF CONSULTANT

  

APPENDIX B – PROJECT SCHEDULE

Consultant shall implement Project schedule following below progress (start to calculate from the beginning of the Project set forth in Article 17 – General Terms and Conditions)

 

No.DescriptionPeriod of time (days)TimeAccumulated period of time

Commencing of the ProjectT0T0

1Submit concept architecture designs (30%) to Owner T0+65T1T0+65

2Completion of concept designs, including (60%)

-Concept designs for Architecture – Civil – Structure (CSA Works)

-Concept design for MEP (ME Works)T1+45T2T0+110

3Completion of designs for construction permit

-Site master plan and necessary technical drawings

-Design of fire fighting and protecting system

-Environment impact assessment report T1+100T3T0+100

4Completion of detailed design, including (100%)

-Detailed design for Architecture – Civil – Structure (CSA Works)

-Detailed design for MEP (ME Works)

-Interior design

-Landscape design

-Lighting designT2+45T4T0+155

5Completion of drawings, calculations and documents for purpose of tendering

-Construction tender

-ME equipment tender

Complete evaluation and selection of contractorsT4+21T5 T0+176

 

6Author supervision and Testing operating MEP equipment Construction periodT6

 

REPRESENTATIVE OF OWNERREPRESENTATIVE OF CONSULTANT

  

APPENDIX C – PAYMENT SCHEDULE

Payment terms and conditions:

Actual costs and expenditures to be paid to designers DO NOT INCLUDE VAT. Costs and expenditures shall be paid within thirty (30) days upon the day red invoices and full documents defining fulfillment of work from Consultant are received by Owner’s accounting department.

NoPaymentsDescriptionAmount (VND)Payment documents

11st Payment10% in advance payment-Signed contract

-Authorized certificates and documents define capacity of provision of design consulting service

-Bank guarantee letter with value of 10% of contract value

-Red invoice

22nd Payment10% right after completion of assessment of feasibility of Project and approval of Conceptual designs -Red invoice

-Acceptance minutes of Conceptual design from Owner

Documents include (but not limited to)

-3 hardcopies and 1 softcopy of conceptual design

33rd Payment10% right after Owner’s approval of basic design, including Architecture, Structure, MEP-Red invoice

-Acceptance minutes of Preliminary design from Owner

Documents include (but not limited to)

-3 hardcopies and 1 softcopy of Preliminary design and relevant documents

44th Payment15% right after Owner’s approval of Detailed design,-Red invoice

-Acceptance minutes of Detailed design from Owner

Documents include (but not limited to)

3 hardcopies and 1 softcopy of Detailed design and relevant documents

55th Payment10% right after Owner’s completion of Tender for all tender packages-Red invoice

-Acceptance minutes of construction bidding result

Documents include (but not limited to)

-designs, drawings, calculations, etc. needed for Tendering

-analyzing report of contractor selection

66th Payment15% right after Owner’s approval of construction permit -Red invoice

-Construction Permit issued by authorities

77th Payment10% right after completion of Landscape, Interior, Lighting design-Red invoice

-Acceptance minutes of Detailed design from Owner

Documents include (but not limited to)

3 hardcopies and 1 softcopy of Detailed design and relevant documents

88th Payment15% right after completion of author supervision, construction support, MEP equipment inspection and acceptance testing -Red invoice

-Confirmation minutes of Construction completion and operation readiness

 

99th Payment5% after 12 months from Owner’s acceptance and operation of construction-Red invoice

-Owner’s Confirmation minutes defining qualified operation period of 12 month

 

Total Contract Value

 

Total Contract Value:

Five billion, four hundred and eighty seven million, eight hundred and twenty five thousand dong.

REPRESENTATIVE OF OWNERREPRESENTATIVE OF CONSULTANT

  

APPENDIX D – PROJECT PERSONNEL

Consultant guarantees personnel and personnel organization structure in performance of project as following:

1.John Doe

-Position : Project Director

-Duty: Design guidance

2.Nguyen Van B

-Position: Design Director

-Duty: Design directing

3.Nguyen Van C

-Position: Urban Planning & Permitting Director

-Duty: Urban planning & permitting

4.Nguyen Van D

-Position: Architect

-Duty: Architectural design

5.Nguyen Van E

-Position: Architect

-Duty: Design coordination

6.Nguyen Van F

-Position: Project Manager

-Duty: General management

7.Nguyen Van G

-Position: Design Coordinator

-Duty: Design coordination

8.Nguyen Van H

-Position: Structural Design Manager

-Duty: Structural engineering design lead

9Pham Van E

-Position: MEP Design Manager

-Duty: MEP design lead (Electricity section)

10Nguyen Van I

-Position: MEP Design Manager

-Duty: MEP design lead (Mechanics section)

 

REPRESENTATIVE OF OWNERREPRESENTATIVE OF CONSULTANT

  

Source: www.dichthuatsms.com/ban-dich-tieng-anh-hop-dong-tu-van-x...

Xin giới thiệu mẫu Bản dịch Hợp đồng tín dụng tiếng Anh được dịch và trình bày song ngữ Anh Việt bởi đội ngũ Dịch Thuật SMS.

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Bản dịch Hợp đồng tín dụng tiếng Anh

Kinh nghiệm dịch thuật tài chính – kế toán – kiểm toán – ngân hàng

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Chúng tôi thường xuyên nhận dịch báo cáo tài chính tiếng Anh (dịch từ Anh sang Việt và dịch Việt-Anh), bên cạnh đó còn dịch thuật BCTC tiếng Trung, dịch BCTC tiếng Nhật, dịch BCTC tiếng Hàn, dịch thuật BCTC tiếng Tây Ban Nha và hơn 20 ngôn ngữ khác.

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> Có thể bạn muốn xem:

Bản dịch Hợp đồng tín dụng tiếng Anh (song ngữ Anh Việt)

Bản dịch Báo cáo tài chính tiếng Anh

Mẫu bản dịch Báo cáo thường niên Ngân hàng Bắc Á bằng tiếng Anh

Bản dịch tiếng Anh báo cáo định giá doanh nghiệp

Dịch thuật báo cáo thường niên Vinamilk 2016 sang tiếng Anh

 

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gọi ngay 0934 436 040 (có hỗ trợ Zalo/Viber/Whatsapp/Wechat)

hoặc gửi tài liệu cần dịch đến email: baogia@dichthuatsms.com

hoặc bấm vào nút bên dưới để gửi yêu cầu báo giá trực tuyến:

  

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Bản dịch Hợp đồng tín dụng tiếng Anh (song ngữ Anh Việt)

Bản dịch website tiếng Việt sang tiếng Hàn

Bản dịch tiếng Trung hợp đồng xây dựng thi công nhà xưởng

Mẫu bản dịch nhãn thuốc và tờ HDSD thuốc từ Anh sang Việt

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Bản dịch tờ HDSD thuốc (phần đặc tính dược lực học, dược động học)

Bản dịch tiếng Nhật Hồ sơ năng lực công ty

Bản dịch Hợp đồng kinh tế tiếng Trung (song ngữ)

 

 

Xem ở dạng văn bản thuần túy

FACILITY AGREEMENT

HỢP ĐỒNG TÍN DỤNG

No./Số: XYZ/CB-XXXXX

 

This facility agreement (the “Facility Agreement”) is entered into on ……/……/……… by and between:

Hợp đồng tín dụng này (“Hợp Đồng Tín Dụng”) được lập ngày ……/……/………, bởi và giữa:

 

XYZ BANK (the “Bank”)

NGÂN HÀNG XYZ (“Ngân Hàng”)

Establishment and Operation License No. xxx issued by the State Bank of Vietnam on dd mm yyyy.

Giấy phép thành lập và hoạt động số xxx do Ngân hàng Nhà nước Việt Nam cấp ngày dd mm yyyy.

Enterprise Registration Certificate No. xxx dated dd mm yyyy.

Giấy chứng nhận đăng ký doanh nghiệp số xxx ngày dd mm yyyy.

- Address/ Địa chỉ :

- Telephone/ Điện thoại :

- Fax :

- Represented by/ Đại diện bởi

- Title/Chức vụ :

:

and/và

 

xxx (the “Borrower”)

xxx (“Bên Vay”)

Enterprise Registration Certificate No. xxx first issued by Planning and Investment Department of xx Province on dd mm yyyy and 2nd revision on dd mm yyyy.

Giấy chứng nhận đăng ký doanh nghiệp số xxx được cấp lần đầu bởi xxx ngày dd tháng mm năm yyyy và thay đổi lần thứ hai ngày dd tháng mm năm yyyy.

- Address/ Địa chỉ :

- Telephone / Điện thoại :

- Fax :

- Represented by/ Đại diện bởi

- Title/Chức vụ :

:

  

The Bank and the Borrower are hereinafter referred to collectively as the “Parties” and individually as the “Party”.

Ngân Hàng và Bên Vay sau đây được gọi chung là “Các Bên” và gọi riêng là “Bên”.

 

The Parties hereby agree to enter into this Facility Agreement subject to the following terms and conditions.

Các Bên theo đây đồng ý ký kết Hợp Đồng Tín Dụng này theo các điều khoản và điều kiện quy định dưới đây,

 

1. THE FACILITY / TIỆN ÍCH

 

1.1 Facility Limit / Hạn Mức Tiện Ích

 

The banking facilities offered to the Borrower(s) on a committed or an uncommitted basis as detailed in Schedule 1 (the “Banking Facilities”) are set out in Schedule 1 (collectively, the “Facility”).

Các Tiện ích được cấp cho (các) Bên Vay trên cơ sở cam kết hoặc không cam kết theo chi tiết tại Phụ lục 1 (“Tiện Ích Ngân Hàng”) được quy định cụ thể tại Phụ lục 1 (gọi chung là “Tiện Ích”).

 

Each individual Facility is offered up to the amount or limit specified in Schedule 1. At no time shall the aggregate Drawings (as defined under Clause 4) under the Banking Facilities exceed the Facility Limit set out below and at no time shall the aggregate Drawings under an individual Facility exceed its individual limit specified in Schedule 1.

Mỗi Tiện Ích riêng được cấp đến số tiền hoặc hạn mức quy định tại Phụ lục 1. Tại bất kì thời điểm nào, tổng các Khoản Vay (như được định nghĩa tại Điều 4) theo Tiện Ích Ngân Hàng sẽ không vượt quá Hạn Mức Tiện Ích quy định dưới đây và tại bất kì thời điểm nào tổng các Khoản Vay theo một Tiện Ích riêng sẽ không vượt quá hạn mức tiện ích riêng của Tiện Ích đó như được quy định tại Phụ lục 1.

 

Facility Limit / Hạn Mức Tiện Ích:

 

USD xxx (in word: United States Dollars xxx)

 

USD xxx (bằng chữ: xxx Đô-la Mỹ)

 

Drawing in foreign currency shall be subject to the forex control regulations of the State Bank of Vietnam applicable at the time of request.

Việc giải ngân bằng ngoại tệ sẽ tùy thuộc vào quy định về quản lý ngoại hối của Ngân hàng Nhà nước Việt Nam áp dụng tại thời điểm yêu cầu.

 

1.2 Facility Purpose / Mục đích

 

Each Facility will be granted to the Borrower for its general working capital or any other specific purposes as stipulated in Schedule 1. The Borrower is responsible to utilize the Facility in accordance with the purpose as agreed between the Bank and the Borrower.

Mỗi Tiện Ích được cấp cho Bên Vay để bổ sung vốn lưu động hoặc bất kì mục đích cụ thể nào khác được nêu tại Phụ lục 1. Bên Vay chịu trách nhiệm sử dụng Tiện Ích theo đúng mục đích đã thỏa thuận giữa Ngân Hàng và Bên Vay.

 

2. TERM OF THE FACILITY / THỜI HẠN TIỆN ÍCH

 

2.1 The Facility and the Facility Limit shall be available for drawing or utilisation for an initial term of one (01) year from the date of this Facility Agreement (the “Availability Period”) and shall be automatically renewed for successive periods, each period of one (1) year unless otherwise notfiied in writing by the Bank in its discretion. The tenor of each Drawing shall be specified in the relevant Notice of Drawing. After the Availability Period, no Drawing (including any redrawing or re-utilisation of any repaid amount) can be made unless otherwise agreed in writing by the Bank following the Bank’s Review as set out below.

Thời hạn duy trì Hạn Mức Tiện Ích theo Hợp Đồng Tín Dụng này là một (01) năm kể từ ngày của Hợp Đồng Tín Dụng này (“Thời Hạn Rút Vốn”) và sẽ được tự động gia hạn nhiều lần và mỗi lần gia hạn với thời hạn một (1) năm trừ khi có thông báo khác đi bằng văn bản của Ngân Hàng theo toàn quyền quyết định của Ngân Hàng. Thời hạn của mỗi Khoản Vay sẽ được quy định tại Thông báo rút vốn liên quan. Sau Thời Hạn Rút Vốn, Bên Vay sẽ không được rút bất kì Khoản Vay nào (bao gồm khoản vay lại hoặc việc tái rút vốn nào đối với số tiền đã thanh toán) trừ khi Ngân Hàng chấp thuận khác đi bằng văn bản sau khi thực hiện Xem Xét Lại như quy định dưới đây.

 

2.2. The Facility and the the terms of this Facility Agreement are subject to review by the Bank at its sole discretion from time to time but at least one a year (the “Review”). Subject to the result of the Review, if the Facility is continued to be provided by the Bank on the same terms and conditions hereof, in such case the Bank may or may not notify the Borrower, or if the Facility is continued to be provided by the Bank subject to amendments, in such case the Bank may request the Borower to execute an amendment to this Facility Agreement to accommodate any changes as required by the Bank.

Tiện Ích và các điều khoản của Hợp Đồng Tín Dụng sẽ được Ngân Hàng xem xét lại tùy từng thời điểm theo toàn quyền quyết định của Ngân Hàng nhưng trong mọi trường hợp sẽ được thực hiện ít nhất một năm một lần (“Xem Xét Lại”). Phụ thuộc vào kết quả của việc Xem Xét Lại, nếu Tiện Ích có thể tiếp tục được Ngân Hàng cung cấp theo các điều khoản và điều kiện của Hợp Đồng Tín Dụng này, trong trường hợp đó, Ngân Hàng có thể gửi hoặc không gửi thông báo cho Bên Vay, hoặc nếu Tiện Ích có thể tiếp tục được Ngân Hàng cung cấp trên cơ sở có thay đổi, trong trường hợp đó, Ngân Hàng sẽ yêu cầu Bên Vay ký kết một bản sửa đổi Hợp Đồng Tín Dụng để sửa đổi các điều khoản của Hợp Đồng Tín Dụng theo yêu cầu của Ngân Hàng.

 

2.3 Notwithstanding any other provisions of this Facility Agreement, the Borrower acknowledges and agrees that the Bank has the absolute right to review the Facility, the Facility Limit and covenants (if any) at any time whereby the Bank may (i) decline any drawdown or utilization under the Facility; and/or (ii) reduce, suspend, or cancel the Facility and the Facility Limit or any part thereof at any time; (iii) vary or modify any conditions applicable to the Facility and Facility Limit, including interest rates and fees.

Không phụ thuộc vào bất kì điều khoản nào khác của Hợp Đồng Tín Dụng, Bên Vay xác nhận và đồng ý rằng Ngân Hàng có toàn quyền xem xét Tiện Ích, Hạn Mức Tiện Ích và các cam kết (nếu có) vào bất kì thời điểm nào mà theo đó, Ngân Hàng có thể (i) từ chối bất kì khoản rút vốn hoặc sử dụng dưới bất kì Tiện Ích nào; và/hoặc (ii) giảm, ngừng hoặc hủy toàn bộ hoặc một phần Tiện Ích hoặc Hạn Mức Tiện Ích tại bất kì thời điểm nào; (iii) thay đổi hoặc điều chỉnh bất kì điều kiện nào đối với Tiện Ích và Hạn Mức Tiện Ích, bao gồm lãi và phí.

 

3. BANKING FACILITIES / TIỆN ÍCH NGÂN HÀNG

 

3.1. Interest and Fees / Tiền Lãi và Phí

 

(a) The interest periods in respect of a Facility (each an “Interest Period”) and the rate fixing period (each a “Rate Fixing Period”) in respect of a Facility shall be selected by the Borrower in a Notice of Drawing and agreed by the Bank. Interest of each Drawing shall be payabe on the last day of each Interest Period.

Các kỳ tính lãi đối với một Tiện Ích (mỗi kỳ là một “Kỳ Tính Lãi”) và các kỳ ấn định lãi suất (“Kỳ Ấn Định Lãi Suất”) đối với một Tiện Ích sẽ do Bên Vay lựa chọn trong Thông báo rút vốn và được Ngân Hàng đồng ý. Tiền lãi của mỗi Khoản Vay sẽ được hoàn trả vào ngày cuối cùng của mỗi Kỳ Tính Lãi.

 

All interests charged under each Drawing shall be calculated based on a 365-day year and shall accrue day to day and is calculated from the date of utilization of such Drawing on the basis of actual number of days elapsed. Interest is payable both before and after judgment and interest rates may be varied from time to time on the basis of relevant cost of fund determined by the Bank in its absolute discretion, subject to any interest rate ceiling (if any) imposed by law from time to time. The Bank shall notify the Borrower of any interest rate adjustment.

Mọi khoản tiền lãi phải trả đối với mỗi Khoản Vay được tính trên cơ sở 365 ngày một năm và sẽ tích lũy hàng ngày kể từ ngày rút vốn của Khoản Vay đó trên cơ sở số ngày thực tế trôi qua. Tiền lãi phải trả trước và sau khi có phán quyết và lãi suất có thể thay đổi tùy từng thời điểm dựa trên chi phí huy động vốn do Ngân Hàng xác định theo toàn quyền quyết định của Ngân Hàng và tùy thuộc vào lãi suất trần (nếu có) theo quy định pháp luật tùy từng thời điểm. Ngân Hàng sẽ thông báo cho Bên Vay về lãi suất được điều chỉnh.

 

(b) Interest calculation method / Phương pháp tính lãi:

Interest duration is determined from the date of utilization of each Drawing until the end of the day immediately preceding the date of full payment for the Drawing (including the first day, omitting the last day of the interest duration) and the time to determine the balance for interest calculation is at the end of each day within the interest duration.

Thời hạn tính lãi được xác định kể từ ngày giải ngân đầu tiên của mỗi Khoản Vay đến hết ngày liền kề trước ngày thanh toán hết Khoản Vay và thời điểm xác định số dư để tính lãi là cuối mỗi ngày trong thời hạn tính lãi.

 

Actual balance of each Drawing is the due principal balance, the overdue principal balance and the actual balance of late payment interest payable by the Borrower to the Bank at the beginning of the day. This is used to calculate the interest hereunder.

Dư nợ thực tế của Khoản Vay là số dư đầu ngày tính lãi của số dư nợ gốc trong hạn, số dư nợ gốc quá hạn, số dư lãi chậm trả thực tế mà Bên Vay còn phải trả cho Ngân Hàng. Dư nợ thực tế của Khoản Vay được sử dụng để tính lãi theo Hợp Đồng Tín Dụng này.

 

Number of days allowed for maintaining the actual balance of each Drawing is the number of days during which the actual balance of such Drawing at the beginning of the day remains unchanged.

Số ngày duy trì dư nợ thực tế của Khoản Vay là số ngày mà dư nợ thực tế của Khoản Vay đầu mỗi ngày không thay đổi.

Interest calculation formula / Công thức tính lãi:

Interest = ∑(Actual balance x number of days of actual balance x Interest rate)

365

 

Số tiền lãi = ∑(Dư nợ thực tế x số ngày duy trì dư nợ thực tế của Khoản Vay x Lãi suất)

365

(c) Interest rates, fees, charges pertainting to any Banking Facilities are specified in Schedule 1 and/or a separate letter as agreed between the Bank and the Borrower.

Mức lãi suất cụ thể, các phí, chi phí của Tiện Ích Ngân Hàng được quy định tại Phụ lục 1 và/hoặc trong một thư thỏa thuận riêng giữa Ngân Hàng và Bên Vay.

 

3.2. Overdue Debt / Nợ Quá Hạn

 

(a) Any principal amounts that remain unpaid and are not allowed to be restructured by the Bank shall be converted into a debt on which the overdue interest shall be applied. The Bank shall notify the Borrower of such conversion.

Bất kì khoản dư nợ gốc nào không được thanh toán đúng hạn và không được Ngân Hàng chấp thuận cơ cấu lại thời hạn trả nợ sẽ bị chuyển nợ quá hạn và bị áp dụng lãi suất quá hạn dưới đây. Ngân Hàng sẽ thông báo cho Bên Vay về việc chuyển nợ qua hạn này.

 

(b) If the Borrower fails to pay any principal amount payable by it under this Facility Agreement on its due date, default interest at rate of 150% above the applicable rate for the relevant Facility shall accrue on the overdue principal from the due date up to the date of the actual payment (both before or after the judgement) as per the following formula:

Nếu Bên Vay không thanh toán bất kì khoản tiền gốc phải trả nào theo Hợp Đồng Tín Dụng này vào ngày đến hạn của khoản tiền gốc đó thì lãi sẽ tích lũy trên khoản tiền gốc chưa thanh toán đó kể từ ngày đến hạn thanh toán cho đến ngày thanh toán thực tế (kể cả trước và sau khi có phán quyết) theo mức lãi suất 150% trên mức lãi suất áp dụng đối với Tiện Ích đó theo công thức sau:

 

Payable interest on overdue principal = overdue principal amount (x) number of overdue days (x) 150% over the applicable interest rate / 365

Lãi phải trả trên nợ gốc quá hạn = khoản nợ gốc quá hạn (x) số ngày chậm trả (x) 150% lãi suất trong hạn / 365

 

(c) If the Borrower fails to pay any interest amount payable by it under this Facility Agreement on its due date, default interest at a maximum rate of 10% per annum shall accrue on the overdue interest from the due date up to the date of the actual payment as per the following formula:

Nếu Bên Vay không thanh toán bất kì khoản tiền lãi phải trả nào theo Hợp Đồng Tín Dụng này vào ngày đến hạn của khoản tiền lãi đó thì lãi sẽ tích lũy trên khoản tiền lãi chưa thanh toán đó kể từ ngày đến hạn thanh toán cho đến ngày thanh toán thực tế (kể cả trước và sau khi có phán quyết) theo mức lãi suất tối đa là 10%/năm theo công thức sau:

 

Overdue interest = overdue interest amount (x) number of overdue days (x) 10% p.a./ 365

Lãi chậm trả = khoản tiền lãi quá hạn (x) số ngày chậm trả (x) 10% /năm / 365

 

3.3. Repayment, Prepayment và Cancellation / Hoàn trả, Thanh Toán Trước Hạn và Hủy Bỏ

 

(a) Repayment / Hoàn trả

 

The Borrower must repay each Drawing or funded Drawing in full on the last day of the tenor of each Drawing (“Repayment Date”).

Bên Vay phải hoàn trả mỗi Khoản Vay hay Khoản Vay được cấp đầy đủ vào ngày cuối cùng của kỳ hạn của Khoản Vay đó (“Ngày Hoàn Trả”).

  

Each amount due and payable by the Borrower to the Bank under this Facility Agreement shall be made in the currency of the relevant Facility, unless otherwise agreed in writing by the Bank and subject to the applicable laws and regulations and the Borrower indemnifying the Bank for any costs and expenses (including legal costs and expenses) as a result of the payment being made in the currency other than the currency of the relevant Facility.

Mỗi khoản tiền đến hạn và phải trả bởi Bên Vay cho Ngân Hàng theo Hợp Đồng Tín Dụng này sẽ được thanh toán bằng loại tiền tệ của Tiện Ích có liên quan, trừ khi Ngân Hàng có chấp thuận khác bằng văn bản và theo quy định của pháp luật cũng như Bên Vay phải bồi hoàn cho Ngân Hàng các chi phí và phí tổn phát sinh (bao gồm các chi phí và phí tổn pháp lý) do khoản thanh toán không được thực hiện bằng loại tiền tệ của Tiện Ích liên quan.

 

(b) Prepayment and Cancellation / Thanh Toán Trước Hạn và Hủy Bỏ

 

Any prepayment of the Banking Facilities (whether in whole or in part) shall be subject to prior approval of the Bank and shall be made in writing to the Bank at least seven (7) days prior to the intended date of prepayment. Any prepayment under the Banking Facilities shall be made together with accrued interest on the amount prepaid and subject to break funding cost as determined by the Bank.

Việc thanh toán trước hạn Tiện Ích Ngân Hàng (cho dù một phần hay toàn bộ) sẽ phụ thuộc vào chấp thuận của Ngân Hàng và phải được lập bằng văn bản gửi Ngân Hàng ít nhất bảy (7) ngày trước ngày dự định thanh toán trước hạn. Việc thanh toán trước hạn theo Tiện Ích Ngân Hàng sẽ được thực hiện cùng tiền lãi cộng dồn trên khoản tiền trả trước và phải trả phí trả nợ trước hạn do Ngân Hàng xác định.

 

3.4. Debt Restructuring / Cơ Cấu Lại Thời Hạn Trả Nợ

 

Any restructuring of debts repayment under this Facility Agreement shall be subject to the Bank’s consent and in accordance with the applicable laws.

Bất kỳ cơ cấu lại thời hạn trả nợ nào theo Hợp Đồng Tín Dụng này cũng sẽ tùy thuộc vào chấp thuận của Ngân Hàng và các quy định pháp luật hiện hành.

 

3.5. Roll-over / Cho Vay Tuần Hoàn

 

Subject to the provisions of this Facility Agreement and subject always to the Bank’s right to reduce, cancel or suspend any Facility and any part thereof, if any Drawing under the Short Term Credit Facility, and the Trust Receipt (TR) Facilities are due to be repaid on its Repayment Date, and the Borrower does not make payment on that date and the Borrower gives a prior notice to the Bank to request roll over such Drawing (in the form of Rollover Request as specified by the Bank), the Bank may at its absolute discretion roll over the Drawing for a further period as decided by the Bank, provided always that (i) the aggregate tenor shall not exceed one business cycle of the Borrower and (ii) in any event shall not exceed twelve (12) months from the date of such Drawing, and the provision of this Facility Agreement shall apply to the entire amount as if it were a Drawing under this Facility Agreement.

Tùy thuộc vào Hợp Đồng Tín Dụng này, và luôn tùy thuộc vào quyền quyết định của Ngân Hàng để giảm, hủy hoặc ngừng bất kì Tiện Ích nào hoặc bất kì phần nào của Tiện Ích, nếu bất kì Khoản Vay theo Tiện Ích Tín Dụng Ngắn Hạn, và Tiện Ích Biên Lai Tín Thác đến hạn phải trả vào Ngày Hoàn Trả của Khoản Vay đó, và Bên Vay không thực hiện hoàn trả vào ngày đó và Bên Vay gửi thông báo trước cho Ngân Hàng yêu cầu kéo dài thời hạn trả nợ Khoản Vay đó thêm một khoảng thời gian nhất định (theo mẫu Yêu Cầu Tuần Hoàn Khoản Vay do Ngân Hàng quy định), Ngân Hàng có toàn quyền chấp thuận việc kéo dài thời hạn Khoản Vay đó thêm một thời hạn do Ngân Hàng cho phép, với điều kiện là (i) tổng thời hạn vay sẽ không vượt quá một chu kỳ hoạt động kinh doanh của Bên Vay và trong mọi trường hợp sẽ không vượt quá mười hai (12) tháng kể từ ngày giải ngân ban đầu và theo đó, toàn bộ quy định của Hợp Đồng Tín Dụng này sẽ được áp dụng đối với toàn bộ Khoản Vay như thể đó là một Khoản Vay theo Hợp Đồng Tín Dụng này.

 

3.6. Security / Biện Pháp Bảo Đảm

 

The Facility and all moneys and liabilities (whether actual, contingent or otherwise) owing or payable by the Borrower to the Bank from time to time shall be secured by Corporate Guarantee for the value of xxx to be executed by xxx. (Company No. xxx) (the “Guarantor”) supported by an extract of its Directors’ Board of Resolution and/or Shareholders’ authorizing the execution of the Corporate Guarantee.

Tiện Ích và tất cả các khoản tiền và nghĩa vụ (cho dù thực tế, tiềm tàng hay hình thức khác) mà Bên Vay còn nợ hoặc phải trả cho Ngân Hàng tùy từng thời điểm sẽ được bảo đảm bằng Bảo Lãnh Công Ty với giá trị bảo lãnh xxx được thực hiện bởi xxx (Mã số doanh nghiệp: xxx) (“Bên Bảo Lãnh”) và kèm theo một Nghị quyết Ban Giám đốc và/hoặc các cổ đông chuẩn y việc cấp bảo lãnh trên.

 

4. CONDITIONS PRECEDENT / ĐIỀU KIỆN TIÊN QUYẾT

 

The availability of any drawing or utilization under any Facility (each a “Drawing”) is subject to the compliance with the following conditions and receipt by the Bank of a Notice of Drawing duly signed by the Borrower, each in form and substance satisfactory to the Bank, at least two (2) days before the proposed drawdown:

Việc sử dụng bất kì khoản rút vốn nào hoặc sử dụng bất kì Tiện Ích nào (mỗi lần gọi là một “Khoản Vay”) phụ thuộc vào việc tuân thủ các điều kiện sau đây và việc Ngân Hàng nhận được Thông báo rút vốn được ký kết hợp lệ bởi Bên Vay, theo mẫu đáp ứng yêu cầu Ngân Hàng, ít nhất hai (2) ngày trước ngày dự kiến rút vốn:

 

4.1. This Facility Agreement duly executed by the Borrower(s);

Hợp Đồng Tín Dụng này được ký kết hợp lệ bởi (các) Bên Vay;

 

4.2. Security agreements and documents duly executed by the security provider(s) in form and substance satisfactory to the Bank and registered with the appropriate authority;

Các hợp đồng bảo đảm và tài liệu đã được ký kết hợp lệ bởi (các) bên cung cấp biện pháp bảo đảm, theo mẫu và nội dung đáp ứng yêu cầu Ngân Hàng và được đăng ký với cơ quan có thẩm quyền;

 

4.3 The Bank receives Corporate Guarantee for the value of xxx executed by xxx. (Company No. xxx) (the “Guarantor”);

Ngân Hàng nhận được Bảo Lãnh Công Ty với giá trị bảo lãnh xxx được thực hiện bởi xxx. (Mã số doanh nghiệp: xxx) (“Bên Bảo Lãnh”);

 

4.4 Original / Certified true copy of / Certified extract of Board resolution or approval of the respective authority of the Borrower and each security provider approving the terms of, and the transaction contemplated under this Facility Agreement and the security agreements;

Bản gốc / Bản sao chứng thực của / Bản trích chứng thực của Nghị quyết hội đồng quản trị/Hội đồng thành viên hoặc chấp thuận của người có thẩm quyền của Bên Vay và của bên cung cấp biện pháp bảo đảm đối với việc ký kết Hợp Đồng Tín Dụng này và thực hiện các giao dịch được dự liệu trong Hợp Đồng Tín Dụng này và hợp đồng bảo đảm;

 

4.5 An up-to-date certified true copy of the Borrower’s Charter is provided to the Bank;

Bên Vay cung cấp cho Ngân Hàng một bản sao y Điều lệ mới nhất;

 

4.6 Satisfactory due diligence by the Bank and no material disputes or litigation involving the Borrower which would affect the Borrower’s payment obligations under this Facility Agreement;

Các kiểm tra cần thiết đáp ứng yêu cầu Ngân Hàng và không có hồ sơ tranh chấp hay kiện tụng nào liên quan Bên Vay mà có thể ảnh hưởng đến nghĩa vụ thanh toán của Bên Vay theo Hợp Đồng Tín Dụng này;

 

5 REPRESENTATION, WARRANTIES, COVENANTS AND UNDERTAKINGS OF THE BORROWERS / CÁC CAM ĐOAN, BẢO ĐẢM VÀ CAM KẾT CỦA BÊN VAY

 

For so long as any Facility is in place, the Borrower(s) makes the following representations, convenants and undertakings to the Bank:

Trong thời gian bất kì Tiện Ích nào có hiệu lực, (các) Bên Vay đưa ra các cam đoan, bảo đảm và cam kết như sau đối với Ngân Hàng.

 

5.1. Representation and Warranties / Cam Đoan và Bảo Đảm

 

For the purpose of this clause:

Cho mục đích của điều khoản này:

 

“ESG Laws” means all applicable laws and regulations, in the jurisdiction(s) in which the Borrower operates and conducts business, which relate to environmental, social and governance issues.

“Pháp Luật về ESG” là tất cả quy định pháp luật hiện hành trong vùng tài phán mà Bên Vay hoạt động và thực hiện hoạt động kinh doanh có liên quan đến các vấn đề môi trường, xã hội và quản trị.

 

“ESG Permits” means any applicable permit, licence, certification and/or other authorisation that is required under any ESG Law to carry on the Borrower’s operation and business.

“Giấy Phép ESG” nghĩa là bất kì giấy phép, chứng nhận và/hoặc cho phép khác mà Pháp Luật về ESG yêu cầu để Bên Vay thực hiện hoạt động kinh doanh.

 

“ESG Claims” means any notice, claim, proceeding or investigation in connection with any ESG Law by any person or entity (a) in respect of your breach, or alleged breach, of the same which, to the best of your knowledge and belief (having made due and careful enquiry), you are aware of, or (b) which, in the Bank’s opinion, may cause or have any negative publicity or adverse reputational impact on the Bank as your lender.

“Khiếu Nại về ESG” nghĩa là bất kì thông báo, khiếu nại, thủ tục tố tụng hoặc điều tra nào liên quan đến Luật về ESG bởi bất kì người nào hay chủ thể nào (a) liên quan đến việc Bên Vay vi phạm, hoặc được cho là vi phạm hoặc tương tự mà Bên Vay biết được theo sự hiểu biết và tin tưởng cao nhất của Bên Vay (sau khi đã kiểm tra thích hợp), hoặc (b) sự kiện mà, theo ý kiến của Ngân Hàng, có thể gây ra hoặc có tác động tiêu cực đến công chúng hoặc uy tín của Ngân Hàng với tư cách là bên cho vay của Bên Vay.

 

The Borrower represents and warrants and undertakes at all times that:

Bên Vay cam đoan, bảo đảm và cam kết tại mọi thời điểm rằng:

 

(a) The Borrower shall (i) fully comply with the ESG Laws; (ii) obtain, maintain and ensure compliance with the terms and conditions of all required ESG Permits; and (iii) implement policies and procedures to ensure compliance with the ESG Laws; and

Bên Vay (i) tuân thủ hoàn toàn với Pháp Luật về ESG; (ii) đạt được, duy trì và bảo đảm tuân thủ với các điều khoản và điều kiện của tất cả Giấy Phép ESG; và (iii) thực hiện các chính sách và thủ tục nhằm đảm bảo tuân thủ Pháp Luật về ESG; và

 

(b) The Borrower shall not conduct business or have operations in UNESCO World Heritage Sites, RAMSAR Wetlands, forests of high conservation value or sites with critical natural habitats; and

Bên Vay không thực hiện hoạt động kinh doanh hoặc hoạt động trong các Khu Vực Di Sản Thế Giới của UNESCO, RAMSAR Wetlands, rừng có giá trị bảo tồn cao hoặc các khu vực có môi trường sống tự nhiên quan trọng; và

 

(c) The Borrower shall not be involved in the exploitation of labour including child labour; and

Bên Vay không liên quan đến việc bóc lột lao động, bao gồm lao động trẻ em; và

 

(d) The Borrower shall not purchase or acquire any material or supply from controversial sources which may include sources that contribute to the violation of any ESG Law; and

Bên Vay không mua hoặc thu mua bất kì nguyên liệu hay nguồn cung cấp từ các nguồn có thể gây tranh cãi mà có thể bao gồm các nguồn gây ra vi phạm bất kì quy định Pháp Luật về ESG; và

 

(e) The Borrower shall ensure that its operations and business do not and will not result in the contamination of soil, water and air; and

Bên Vay đảm bảo rằng hoạt động kinh doanh của Bên Vay không và sẽ không gây ra ô nhiễm đất, nước và không khí; và

 

(f) The Borrower have not been convicted for violations of any ESG Law; and

Bên Vay đã không bị kết án về hành vi vi phạm Pháp Luật về ESG; và

 

(g) no ESG Claim has been commenced or is threatened against the Borrower.

Không có Khiếu nại về ESG nào đã được tiến hành hoặc có nguy cơ tiến hành đối với Bên Vay.

 

(h) It has the power to enter, perform and deliver, and has taken all necessary action (including but not limited to obtaining all licenses, approvals, authorisations or consents required (whether internal or from competent authority) to approve its entry into, performance and delivery of, this Facility Agreement and the transactions contemplated by this Facility Agreement and such entry, performance and delivery do not and will not conflict with its constutional or internal documents, any laws and regulations applicable to it, or any agreement or instrument binding upon it or any of its assets;

Bên Vay có quyền tham gia, ký kết và thực hiện, và đã thực hiện mọi hành động cần thiết (bao gồm nhưng không giới hạn ở việc có được mọi giấy phép, phê chuẩn, ủy quyền hoặc chấp thuận (cho dù là nội bộ hay từ cơ quan có thẩm quyền) để cho phép tham gia, ký kết và thực hiện Hợp Đồng Tín Dụng và các giao dịch được dự liệu bởi Hợp Đồng Tín Dụng và việc tham gia, ký kết và thực hiện đó không và sẽ không mâu thuẫn với các tài liệu thành lập, tài liệu nội bộ và bất kì luật hay quy định nào áp dụng đối với Bên Vay, cũng như bất kì thỏa thuận hoặc văn kiện nào ràng buộc Bên Vay hoặc bất kì tài sản nào của Bên Vay;

 

(i) It has disclosed to the Bank all information (financial or otherwise) relating to it and all other relevant parties which is material to be known to the Bank in view of the provisions of this Facility Agreement and which is true, complete and accurate in all material respects as at the date it was given and is not misleading in any respect;

Bên Vay đã cung cấp cho Ngân Hàng mọi thông tin tài chính hoặc thông tin khác liên quan đến Bên Vay và các bên liên quan khác được xem là quan trọng mà Ngân Hàng cần phải biết theo các điều khoản của Hợp Đồng Tín Dụng và các thông tin đó là đúng, hoàn chỉnh và chính xác trên mọi phương diện quan trọng tại thời điểm cung cấp và không bị sai lệch dưới bất kì phương diện nào;

 

(j) to the best of its knowledge and belief, no litigation, arbitration or administrative proceedings of or before any court, arbitral body or agency which, if adversely determined, might reasonably be expected to affect the Borrower’s ablity to perform this Facility Agreement.

Theo hiểu biết và tin tưởng cao nhất của Bên Vay, không có vụ kiện hoặc thủ tục trọng tài và hành chính nào được thực hiện bởi hoặc trước bất kì tòa án, cơ quan trọng tài hoặc cơ quan nào khác mà, nếu bị tuyên bố bất lợi, có khả năng hợp lý là sẽ ảnh hưởng đến khả năng thực hiện Hợp Đồng Tín Dụng bởi Bên Vay.

 

5.2. Undertakings / Cam kết

 

(a) It shall promptly provide the Bank with all information in relation to the utilisation of the Facility, security asset and other information in order for the Bank to conduct credit assessment and to monior loan purpose and loan repayment;

Bên Vay phải cung cấp cho Ngân Hàng các thông tin liên quan đến việc sử dụng Tiện Ích, tài sản bảo đảm và các thông tin khác để Ngân Hàng thực hiện việc thẩm định cho vay, kiểm tra và giám sát việc sử dụng vốn vay và trả nợ của Bên Vay;

 

(b) It shall promptly notify the Bank in writing of: (i) any representation, covenants or warranty given by it in connection with the Facility, which has or will become incorrect or misleading (including by omission); (ii) any potential or actual event of default (if any) or breach of terms by it under this Facility Agreement; (iii) upon becoming aware of any claim (including ESG Claim), any fact or circumstance which may result in any ESG Claim, proceedings or investigation in respect of any applicable laws and regulations which is current, pending, or threatened against it; (iv) any litigation, arbitration or administrative proceedings started or threatened against it which, if adversely determined, might reasonably be expected to have a material adverse effect on its business and/or operation;

Bên Vay sẽ nhanh chóng thông báo cho Ngân Hàng bằng văn bản về (i) bất kì cam đoan, bảo đảm hoặc cam kết nào mà Bên Vay đưa ra liên quan đến Tiện Ích, đã hoặc sẽ trở nên không chính xác hoặc bị sai lệch (bao gồm cả lỗi do bỏ sót); (ii) bất kì sự kiện vi phạm thực tế hay tiềm tàng nào (nếu có) hoặc bất kì vi phạm nào bởi Bên Vay đối với Hợp Đồng Tìn Dụng này; (ii) ngay khi biết được bất kì khiếu nại (bao gồm Khiếu Nại về ESG), bất kì sự kiện hay tình huống nào có thể dẫn đền Khiếu Nại về ESG, thủ tục tố tụng hay điều tra nào liên quan đến bất kì quy định pháp luật nào đang xảy ra, tạm hoãn hay có khả năng xảy ra đối với Bên Vay; (iv) bất kì vụ kiện, thủ tục trọng tài hoặc hành chính nào đã được tiến hành hoặc có nguy cơ tiến hành đối với Bên Vay, nếu bị phán quyết một cách bất lợi, có khả năng hợp lý sẽ gây ra một ảnh hưởng bất lợi nghiêm trọng đối với việc kinh doanh hay hoạt động của Bên Vay;

 

(c) Borrower commits that xxx shall own directly 100% Borrower’s share holding throughout the validity of the Facility Agreement;

Bên Vay cam kết là xxx sẽ sở hữu trực tiếp 100% Bên Vay trong suốt thời hạn hiệu lực của Hợp Đồng Vay;

 

(d) Its payment obligations under this Facility Agreement shall at all times rank at least equally and rateably with all of its other unsecured and unsubordinated indebtedness;

Nghĩa vụ thanh toán của Bên Vay theo Hợp Đồng Tín Dụng tại mọi thời điểm sẽ xếp ít nhất là ngang bằng và tỷ lệ với tất cả các khoản nợ không có bảo đảm và không phải thứ cấp của Bên Vay;

 

(e) It shall maintain at all times, as long as any amount owed by it to the Bank under this Facility Agreement remains outstanding and unpaid to the Bank, valid and enforceable security and security agreements as specified in Clause 3 to the Bank’s satisfaction;

Bên Vay sẽ duy trì tại mọi thời điểm, miễn là còn bất kì khoản tiền nào mà Bên Vay còn nợ và chưa thanh toán cho Ngân Hàng theo Hợp Đồng Tín Dụng này, tính hiệu lực và giá trị thực thi của các hợp đồng bảo đảm và biện pháp bảo đảm như quy định tại Điều 3 đáp ứng yêu cầu Ngân Hàng;

 

5.3 Covenants / Cam Kết Khác

 

The Borrower shall submit to the Bank its annual audited financial statements no later than six months after the closure of each financial period, latest by 30 June annually and such other information relating to its business, finances, operation and management from time to time as the Bank may reasonably require;

Bên Vay phải cung cấp cho Ngân Hàng các báo cáo tài chính thường niên được kiểm toán không quá sáu (6) tháng sau mỗi cuối kỳ tài chính, chậm nhất ngày 30 tháng 06 hàng năm và các thông tin khác liên quan đến tình hình kinh doanh, tài chính, hoạt động và quản lý tùy từng thời điểm mà Ngân Hàng yêu cầu hợp lý;

 

6 EVENTS OF DEFAULT / SỰ KIỆN VI PHẠM

 

6.1 Event of Default / Sự Kiện Vi Phạm

 

The occurrence of any of the following events shall be considererd as an “Event of Default” as conclusively determined by the Bank at its sole discretion:

Bất kì sự kiện nào nêu sau đây xảy ra sẽ được xem là một “Sự Kiện Vi Phạm” như được Ngân Hàng toàn quyền quyết định chung cuộc:

(a) Any failure by the Borrower to pay any principal, interest, fee or any other amount due under this Facility Agreement on the due date or on demand, if so payable;

Bên Vay không thanh toán khi đến hạn bất kì khoản nợ gốc, lãi, phí hoặc bất kì khoản tiền nào khác theo Hợp Đồng Tín Dụng này vào ngày đến hạn hoặc được yêu cầu phải trả, nếu đó là khoản phải thanh toán;

(b) Any breach by the Borrower of any undertakings (other than payment obligation) and any term of this Facility Agreement or any security documents which has not been remedied after such breach;

Bên Vay vi phạm bất kì cam kết nào (ngoài nghĩa vụ thanh toán) và bất kì điều khoản nào của Hợp Đồng Tín Dụng hoặc hợp đồng bảo đảm mà các vi phạm đó không được khắc phục kể từ ngày vi phạm;

(c) Failure by the Borrower to use the Facility in accordance with the purpose stipulated in this Facility Agreement;

Bên Vay sử dụng số tiền vay sai mục đích được quy định tại Hợp Đồng Tín Dụng này;

(d) The Borrower acts dishonestly or provides inaccurate or misleading information, or evades or is uncooperative with the Bank during the term of vaidity of this Facility Agreement;

Bên Vay có hành vi không trung thực, cung cấp thông tin không chính xác hoặc sai sự thật, trốn tránh, thiếu thiện chí hợp tác với Ngân Hàng trong suốt thời hạn hiệu lực của Hợp Đồng Tín Dụng này;

(e) Any representation, covenant or warranty made is not complied with, or is or proves to have been incorrect on the date it was made;

Bất kì khẳng định, cam đoan hay bảo đảm nào không được tuân thủ, hoặc được chứng minh là không chính xác vào ngày khẳng định, cam đoan hoặc bảo đảm đó được đưa ra;

(f) The inability by the Borrower to pay the Borrower’s debts when they become due or commit an act of bankruptcy or insolvency;

Bên Vay không có khả năng trả nợ khi đến hạn hoặc thực hiện hành vi phá sản hoặc mất khả năng thanh toán;

(g) The Borrower ceases or threatens to cease carrying on its business, or transfer or dispose or intend to so transfer or dispose of a substantial part of the Borrower’s assets, or change or intend to change the nature or scope of the Borrower’s business as now conducted;

Bên Vay ngừng hoặc có khả năng ngừng hoạt động kinh doanh, hoặc bán hoặc có ý định chuyển nhượng hoặc bán một phần đáng kể tài sản của Bên Vay, hoặc có ý định thay đổi bản chất hoặc phạm vi hoạt động kinh doanh hiện tại;

(h) the finances, income and assets of the Borrower are diminished; the majority of Borrower’s assets is distrained, blocked, seized or disputed; the Borrower faces penal liability (prosecution, arrest, adjudication, execution of imprisonment); the Borrower is involved in a dispute, claim or lawsuit that the Bank at its discretion determines shall have a detrimental impact on the Borrower’s payment ability to the Bank;

tài chính, thu nhập, tài sản của Bên Vay bị giảm sút; phần lớn tài sản của Bên Vay bị kê biên, phong tỏa, cầm giữ hoặc bị tranh chấp; Bên Vay bị truy cứu trách nhiệm hình sự (khởi tố, bắt, truy tố, xét xử, chấp hành hình phạt tù); Bên Vay có liên quan đến các tranh chấp, khiếu nại, khiếu kiện mà Ngân Hàng toàn quyền nhận định là có thể ảnh hưởng đến khả năng trả nợ của Khác Hàng đối với Ngân Hàng;

(i) Any resolution is passed, or a petition is presented against the Borrower for bankruptcy, liquidation, winding up or dissolution or for the appointment of a liquidator, receiver, trustee or similar official is appointed of all or a substantial part of the Borrower’s assets or if execution or any form of action is levied or taken against any of the Borrower’s assets;

Một nghị quyết được ban hành, hoặc một đơn kiện chống lại Bên Vay cho mục đích phá sản, giải thể, thanh lý Bên Vay hoặc nhằm chỉ định một bên thanh lý, quản tài viên, bên ủy thác hoặc chức danh tương tự đối với toàn bộ hoặc một phần đáng kể tài sản của Bên Vay, hoặc nếu được thi hành hoặc bất kì hình thức nào được áp dụng đối với tài sản của Bên Vay;

(j) The Borrower defaults under any other agreement involving the borrowing of money or the granting of advances or credit which gives the holder of the obligation concerned the right to accelerate repayment or withdraw the advance or credit;

Bên Vay vi phạm bất kì hợp đồng vay nào hoặc thỏa thuận ứng trước hoặc cấp tín dụng theo đó bên có quyền có thể yêu cầu thanh toán trước hạn hoặc thu hồi khoản ứng trước hay khoản tín dụng đó;

(k) There is any change or threatened change in circumstances which would materially and adversely affect any security held by the Bank, if any (including without limitation to the invalidity or unenforceability of any security arrangement in relation to this Facility Agreement), the Borrower’s business or financial condition or the Borrower’s ability to perform the Borrower’s obligations under this Facility Agreement or any other agreement with the Bank, including any change or threatened change in the Borrower’s shareholders/members, if a corporation;

Có sự thay đổi hoặc nguy cơ thay đổi về hoàn cảnh mà có thể ảnh hưởng đáng kể và bất lợi đến bất kì biện pháp bảo đảm nào do Ngân Hàng nắm giữ, nếu có (bao gồm nhưng không giới hạn ở tính hiệu lực hoặc tính thực thi của bất hợp đồng bảo đảm nào liên quan đến Hợp Đồng Tín Dụng này), công việc kinh doanh hay tình hình tài chính của Bên Vay, hoặc khả năng thực hiện nghĩa vụ bởi Bên Vay theo Hợp Đồng Tín Dụng này và bất kì hợp đồng nào khác với Ngân Hàng, bao gồm việc thay đổi hoặc nguy cơ thay đổi đối với các thành viên/cổ đông của Bên Vay, nếu là một công ty;

(l) the security assets are lost, damaged, diminished in value or are the subject matter or otherwise involved in a dispute, complaint or claim to such an extent that the Bank in its sole discretion determines could detrimentally affect the Bank’s ability to recover the Facility;

Tài sản bảo đảm bị mất, hư hỏng, giảm sút giá trị hoặc liên quan đến các tranh chấp, khiếu nại, khiếu kiện mà Ngân Hàng toàn quyền nhận định là có khả năng ảnh hưởng đến việc thu hồi Tiện Ích bởi Ngân Hàng;

(m) A notice for compulsory acquisition of the mortgaged property (if any) or any part thereof is issued or made under or by virtue of any statutory provision; law or other regulations; and/or

Một thông báo mua lại bắt buộc đối với tài sản thế chấp (nếu có) hoặc bất kỳ phần nào của tài sản thế chấp được đưa ra hoặc lập theo hoặc do một pháp lệnh, luật hoặc các quy định pháp định khác;

(n) in case the Facility is secured by the security assets and/or guarantees of the third party, any of the following events occurs:

trong trường hợp Tiện Ích được bảo đảm bằng tài sản bảo đảm của bên thứ ba và xảy ra trong một trong các trường hợp sau:

(i) third party is an individual who passes away or is declared deceased by a court; is missing or declared missing by the court; or loses the civil capacity to act; divorces; flees or changes the residential address without any proper notice to the Bank;

bên thứ ba là cá nhân chết hoặc bị tòa án tuyên bố là đã chết, bị mất tích hoặc bị Tòa án tuyên bố mất tích, bị mất năng lực hành vi dân sự; ly hôn; bỏ trốn hoặc thay đổi nơi cư trú mà không thông báo hợp lệ cho Ngân Hàng;

(ii) third party is an enterprise or organisation implementing the conversion, division, separation, consolidation, merger, dissolution, bankruptcy; changing the registered address, or contact address without any proper notice to the Bank;

bên thứ ba là doanh nghiệp hoặc tổ chức khác thực hiện việc chuyển đổi, chia, tách, hợp nhất, sáp nhập, giải thể, phá sản; hoặc thay đổi địa chỉ trụ sở, địa chỉ liên lạc mà không thông báo hợp lệ cho Ngân Hàng;

 

(o) Any other foregoing events or analogous events or proceedings occur in relation to any third party who now or hereafter has guaranteed or provided security or given an indemnity for the Facility.

Bất kỳ các trường hợp nào khác nêu trên hoặc các trường hợp hoặc thủ tục tương tự xảy ra liên quan đến bất kỳ bên thứ ba nào hiện nay hoặc sau đó đã bảo lãnh hoặc cung cấp biện pháp bảo đảm hoặc đưa ra bồi hoàn cho các Tiện Ích.

 

6.2 Rights of the Bank on Occurrence of an Event of Deafult

Quyền của Ngân Hàng trong trường hợp xảy ra Sự Kiện Vi Phạm

 

(a) On the occurrence of any of the above Event of Default, the Bank may:

Khi xảy ra bất kì Sự Kiện Vi Phạm nào nêu trên, Ngân Hàng có toàn quyền:

(i) cancel all or any part of the Facility, at which time it shall immediately be cancelled;

hủy bỏ một phần hoặc toàn bộ Tiện Ích, khi đó Tiện Ích sẽ bị hủy ngay lập tức;

(ii) declare all or part of the outstanding principal amounts together with accrued interests and all other amounts outstanding or owing under the Facility (the "Outstandings") at which time they shall become due and payable immediately;

tuyên bố rằng một phần hoặc toàn bộ của các khoản tiền gốc còn nợ cùng với các khoản lãi cộng dồn và các khoản tiền chưa thanh toán hoặc còn nợ khác theo Tiện Ích (“Khoản Nợ”) là đến hạn và phải trả ngay lập tức, khi đó, Khoản Nợ sẽ đến hạn và phải trả ngay lập tức;

(iii) declare that cash cover in respect of any contingent liabilities and for all notes and bills accepted, endorsed or discounted and all bonds, guarantees, indemnities, documentary or other credits or any instruments whatsoever from time to time entered into by the Bank for the Borrower’s account or at the Borrower’s request is immediately due and payable, at which time it shall become immediately due and payable;

tuyên bố rằng khoản thanh toán bằng tiền mặt liên quan đến bất kì khoản nợ nào có khả năng phát sinh hoặc bất kì hối phiếu hay vận đơn được Ngân Hàng chấp nhận, ký hậu hay chiết khấu và tất cả các bảo lãnh, bồi hoàn, chứng từ hoặc cấp tín dụng khác hoặc thỏa thuận dưới bất kì hình thức nào mà Ngân Hàng ký kết bằng chi phí của Bên Vay, hoặc theo yêu cầu của Bên Vay, là đến hạn và phải trả, khi đó, các khoản thanh toán bằng tiền mặt đó sẽ đến hạn và phải trả ngay lập tức;

(iv) block and debit any payment accounts, saving books, deposits of any types and in any currency of the Borrower or security provider(s) opened at the Bank for debt collection; and

phong tỏa và khấu trừ bất kì tài khoản thanh toán, sổ tiết kiệm, tiền gửi dưới bất kì hình thức nào và bằng bất kì loại tiền tệ nào của Bên Vay hoặc của bên cung cấp biện pháp bảo đảm tại Ngân Hàng nhằm thu hồi nợ; và

(v) exercise any of its rights, remedies and powers under any security of this Facility Agreement (if any).

thực hiện bất kì quyền, biện pháp chế tài và quyền hạn nào theo bất kì biện pháp bảo đảm nào (nếu có) theo Hợp Đồng Tín Dụng này.

 

(b) In case the Bank decides to terminate the provision of the Facility and accelerate the Outstandings upon the occurrence of any Event of Default, the Bank shall send to the Borrower a prior written notice (the “Notice on Collection of Debts before Maturity”) and take further recovery actions as set out in this Facility Agreement, security agreements and other related documents.

Trường hợp Ngân Hàng quyết định chấm dứt việc cung cấp Tiện Ích và thu hồi Khoản Nợ trước hạn khi có bất kì Sự Kiện Vi Phạm nào xảy ra, Ngân Hàng sẽ gửi văn bản thông báo trước cho Bên Vay (“Thông Báo Thu Hồi Nợ Trước Hạn”) và thực hiện việc thu nợ theo quy định của Hợp Đồng Tín Dụng này, hợp đồng bảo đảm và các tài liệu liên quan.

 

7 RIGHTS AND OBLIGATIONS OF THE BANK / QUYỀN VÀ NGHĨA VỤ CỦA NGÂN HÀNG

 

7.1. Rights of the Bank/ Quyền của Ngân Hàng

 

(a) To refuse the disbursement of the Facility if the Borrower fails to fully satisfy any conditions set out hereunder;

Từ chối giải ngân số tiền vay nếu Bên Vay không đáp ứng đủ các điều kiện quy định tại Hợp Đồng Tín Dụng này;

 

(b) To change Rate Fixing Period and interest rate margin, upon market disturbance or change of the State Bank of Vietnam’s monetary or interest policy that in the Bank’s opinion would be likely to affect the interest rate;

Được quyền thay đổi Kỳ Ấn Định Lãi Suất và biên độ điều chỉnh lãi suất khi thị trường có biến động bất thường hoặc khi chính sách tiền tệ và lãi suất của Ngân Hàng Nhà Nước Việt Nam theo ý kiến của Ngân Hàng là có khả năng ảnh hưởng đến lãi suất;

 

(c) To debit all commissions, costs, fees, charges and expenses under this Facility Agreement from any account of the Borrower maintained with the Bank from time to time; and

Ngân Hàng được quyền khấu trừ tất cả các khoản hoa hồng, chi phí, phí, lệ phí và các phí tổn mà Bên Vay phải trả theo Hợp Đồng Tín Dụng này từ bất kì tài khoản nào của Bên Vay tại Ngân Hàng tùy từng thời điểm;

 

(d) The Bank to have right of first refusal for future financing of its office/factory/warehouse expansion when the need arises; and

Ngân Hàng có quyền từ chối việc tài trợ trong tương lai về mở rộng nhà xưởng, nhà máy và nhà kho khi Bên Vay có nhu cầu; và

 

(e) Other rights as set out in this Facility Agreement, security agreements (if any) and the applicable laws.

Các quyền khác quy định tại Hợp Đồng Tín Dụng này, các hợp đồng bảo đảm (nếu có) và quy định pháp luật hiện hành.

 

7.2 Obligations of the Bank/ Nghĩa vụ của Ngân Hàng

 

(a) To make disbursement to the Borrower according to this Facility Agreement; and

giải ngân khoản vay cho Bên Vay theo đúng Hợp Đồng Tín Dụng này; và

 

(b) To discharge the security assets (if any) upon the fulfilment by the Borrower of all of its obligations to the Bank.

giải chấp tài sản bảo đảm (nếu có) sau khi Bên Vay đã thực hiện xong toàn bộ nghĩa vụ đối với Ngân Hàng.

 

8 RIGHTS AND OBLIGATIONS OF THE BORROWER/ QUYỀN VÀ NGHĨA VỤ CỦA BÊN VAY

 

8.1 Rights of the Borrower/ Quyền của Bên Vay

 

(a) To receive and use the Facility provided by the Bank in accordance with this Facility Agreement; and

Được nhận và sử dụng Tiện Ích từ Ngân Hàng theo đúng thỏa thuận trong Hợp Đồng Tín Dụng này; và

 

(b) To require the Bank to discharge the security assets under its ownership (if any) upon the fulfilment of its obligations to the Bank.

Được yêu cầu Ngân Hàng giải chấp tài sản bảo đảm thuộc sở hữu của mình (nếu có) sau khi Bên Vay hoàn thành tất cả các nghĩa vụ với Ngân Hàng.

 

8.2 Obligations of the Borrower/ Nghĩa vụ của Bên Vay

 

(a) To use the Drawings for (i) payment to the individual beneficiary who has no payment account at payment services provider; or (ii) payment in other cases as permitted by the laws; and

Sử dụng Khoản Vay để (i) thanh toán cho bên thụ hưởng là cá nhân không có tài khoản thanh toán tại tổ chức cung ứng dịch vụ thanh toán; hoặc (ii) thanh toán trong các trường hợp khác mà pháp luật cho phép;

 

(b) To be liable for the truth and accuracy of any information and documents provided to the Bank;

chịu trách nhiệm về tính trung thực và chính xác của các thông tin, tài liệu và chứng từ cung cấp cho Ngân Hàng;

 

(c) To continue its repayment obligation towards the Bank in case the enforcement of the security assets is not sufficient for the repayment of the Outstandings; and

Tiếp tục thanh toán cho Ngân Hàng trong trường hợp việc xử lý tài sản bảo đảm không đủ để thanh toán cho Khoản Nợ; và

 

(d) To duly perform other obligations under this Facility Agreement, security agreements (if any) and the related documents between the Parties.

Thực hiện đúng các nghĩa vụ khác theo Hợp Đồng Tín Dụng này, hợp đồng bảo đảm (nếu có) và các văn bản liên quan được ký giữa các Bên.

 

9 OTHER TERMS AND CONDITIONS/CÁC ĐIỀU KHOẢN VÀ ĐIỀU KIỆN KHÁC

 

9.1. Joint Obligations / Nghĩa vụ liên đới

 

(a) If there are more than one Borrower: (i) any and all obligations of the Borrowers, however arise, under this Facility Agreement are joint; (ii) each Borrower is liable for all obligations of any other Borrower outstanding under the Facility Agreement regardless of any limitation imposed on that Borrower in utilising a Facility; (iii) no Borrower may be indemnified by any other Borrower or receive any payment or collateral from any other Borrower in respect od their respective obligations under the Facility Agreeent; (iv) no Borrower may take or enforce any claim or rights against any other Borrower or prove in competition with the Bank, whether in respect any payment under the Facility Agreement or otherwise; (v) no Borrower will claim, or have the benefit of any set-off, counterclaim or proof against, or dividend, composition or payment by, any other Borrower or or their estate; and (vi) no Borrower will take the benefit (in whole or in part and whether by way of suborgation or otherwise) of any rights of the Bank in respect of any security taken pursuant to, or in connection with, the Facility Agreement.

Nếu có nhiều hơn một Bên Vay; (i) bất kì và tất cả nghĩa vụ c

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In this article, Shraddha Tiwari of Bharati Vidyapeeth New Law College, Pune discusses the Trademark issues related to Internet Domain Names.

 

ABSTRACT

 

Ancient Greeks and Romans scribbled on various goods as a mark of identification. As the civilizations grew, new and better techniques of business demanded unique recognition to their products. Trademark facilitated this need. After emergence of e-commerce, business entities have started flourishing and expanding their activities on internet. However, a company cannot directly enter the cyber space without an identity. DNS was introduced as a substitute to the all numeric traditional IP address. Trademark and Domain name although sound similar are distinct but both are interrelated. Sometimes, well-known trademarks are used as domain names by hoaxers so as to deceive the customers. This act is known as “cyber squatting”. United States Patent and Trademark Office (USPTO) allows registration of domain name as trademark under certain circumstances. Courts have laid down Sleekcraft test to determine acts of trademark infringement. Trademark infringement in cyber space can be in the form of Linking and Framing, Meta tagging, Trademark dilution etc. A domain name contains Top Level and Second Level Domain names which can be registered with ICANN approved registrars such as WIPO. Settlement of domain name disputes can be through various means like ADR mechanism, agreement and Court proceedings. ICANN has set up the Uniform Dispute Resolution Policy (UDRP) to settle domain names disputes at an international level. However, the main issue while settling a domain name and trademark dispute is the jurisdictional issue because internet has no boundaries. Issues as to which court the matter should be brought, whether the decision of the court is binding on the parties who are registrants in two different countries.

 

INTRODUCTION

 

In the modern day scenario, information technology has become a vital part of our lives. The development of internet and the exchange of data amongst different computers led to major technological as well as telecommunication revolutions. However, technology can be a boon as well as a bane. ICT has majorly contributed to the increasing number of cyber crimes in the society. 2016 report of PWC emphasized that at a global level cyber crime is the second most reported crime in the world. According to Indian Computer Emergency Response Team (CERT), 27,482 cases of cyber crime were reported from January, 2017 to June, 2017. [1]With the increasing number of cyber crimes which poses a threat to individual as well national security, there’s a need to re-invent technology which could easily tackle cyber attacks or re-frame even more stringent laws to reduce such activities. Intellectual Property (IP) and Information Technology (IT) go hand in hand and are called “sister laws”. Patent, trademark and copyrights have now occupied cyber space at a large front.

 

Ancient Greeks and Romans scribbled on various goods as a mark of identification. As the civilizations grew, new and better techniques of business demanded unique recognition to their products. Trademark facilitated this need. These are basically the style mark of a particular company, the manner in which they differentiate their products from that of other companies. The company can use colors, designs, numbers and various other symbols to give a unique identity to their product and distinguish it from other pirated products offered by hoaxers. The importance of trademark at a global level was first recognized in Paris convention which was subsequently followed by another agreement i.e. Trade Related Aspects of Intellectual Property Rights (TRIPS). There has been much debate on Benelux Trademark Legislation that whether the said legislation can be interpreted as conferring a function on trademarks that trademark is nothing but an investment of company’s goodwill.

 

After emergence of e-commerce, business entities have started flourishing and expanding their activities on internet. However, a company cannot directly enter the cyber space without an identity. Unique Internet Protocol (IP) addresses were not catchy and difficult to remember due to its all numeric characteristics. This led to the development of Domain Name Systems (DNS). DNS was introduced as a substitute to the all numeric traditional IP address. DNS basically functions to convert complex IP addresses of e-mails and websites into simple domain names for easy access by average user. Domain names are now also referred to as valuable corporate assets carrying goodwill. Some examples of Domain Name-

 

.com for commercial

 

.int for organizations established by international treaties.

 

.net for computers of network providers.

 

TRADEMARK AND DOMAIN NAME

 

While trademark provides unique identity to a product, domain names can be called as internet resource locators. Domain can also be regarded as the internet address of a company which after many years of use becomes the identity for their diversified products lines. Hence, the question here is that whether domain name can be regarded as trademarks and vice versa? However, there has been much fuss about the resemblance of the two within the cyber world. Company has to consider number factors while applying for a domain name, which also includes inclusion of the trademark within the domain name. Domain name can be regarded as trademark and trademark can be used while registering a domain name but it is only beneficial if the same company does so. Sometimes, well-known trademarks are used as domain names by hoaxers so as to deceive the customers.

 

Taking example of a Dutch case law- Where a company got a trademark registered as thuisbezorgd.nl in the year 2000. Another company engaged in the same business activity under the domain name thuisbezorgen.nl. The Trademark owner filed a suit against the domain name owner contending that it deceived the customers to think that the site was theirs and that the goodwill of the company was being used by the domain name owners to earn profit. On the contrary, the domain name owner contended that the trademark lacked distinctiveness. However, the Court ruled that since the trademark was registered before the domain name, the defendants were at fault. Thus, most of the times, the company grows such a reputation that the courts grant recognition of trademark as domain name.[2]

 

Another case of stolen domain name being Amazon.com Inc v. Royal responder IncCivil Action CV’03 1634PHXDKD wherein defendants were charged for sending e-mails using Amazon’s domain name Amazon.com and making the customers believe that the goods/services were of Amazon. The defendants were neither affiliates of Amazon nor were doing so with the prior permission of the company. Amazon has wide range of customers all over the world and is also famous for its services both online and offline. It became a fortune 500 company after commencing operations in 1995 on the World Wide Web. Hence, it can be concluded that the domain name of the company became valuable corporate asset. Court held the defendants liable.

 

Thus, through the above case studies, it can be concluded that both domain names and trademarks are interrelated which ultimately affects the goodwill of the company. United States Patent and Trademark Office (USPTO) allows registration of domain name as trademark under certain circumstances.[3] However, Domain name and trademark sound similar; there are number of differences between the two like –

 

Trademark operates in the real world while domain name operates in the cyber world.

 

The Registration of trademark is generally at a national level but domain name registration is at a global level.

 

Different persons residing in different countries can have same trademark for different goods and services since it does not generally have global impact but domain name operate at a global level and hence, two companies/persons cannot have same domain name. For instance, “Delta” is used by a number of companies like Delta Airlines, Delta Dental etc but the domain name com is used only by the airline industries.

 

Dispute with regards to trademark can be easily settled because there are no jurisdiction issues but domain name disputes are hard to settle because internet has no boundaries.

 

Trademark can refer to or relate to a specific category of a product or product line but domain names are not provided for every single product offered by a company. There can be a domain name for the entire company within which the company can have range of products.

 

REGISTRATION OF DOMAIN NAME

 

With the increasing use of internet in almost every field, there was need to have a regulating body in order to grant and maintain records of IP Address. Internet Assigned Numbers Authority (IANA) was set up under the supervision of US Government to carry out the functions such as-

 

Allocations of IP addresses.

 

Setting up protocol parameters to ensure that computers can communicate with each other.

 

Maintaining registries and making it available for general public use.

 

In December 1992, their contractual agreement between National Science Foundation and Network Solutions Inc (NSI) after which NSI registered domain name sites through InterNic site.In 1998 IANA was transferred to private sector when US government came up with the policy of establishing Internet Corporation for Assigned Names and Numbers (ICANN). In October 1998, ICANN superceded IANA by taking over all the functions of IANA. ICANN maintains high standards and procedures with respect to assignment and maintenance of domain name records. Any member of the ICANN community if aggrieved by ICANN staff, board or any other constituent body of ICANN can file a complaint to the Ombudsman. Article 5 of Bylaws for ICANN provides for maintaining a full-time position office of an Ombudsman who shall act as a neutral dispute resolution body to settle such disputes.

 

A domain name is divided into Top Level Domain (TLD) and Second Level Domain (SLD). The TLD is further divided into Generic (gTLD) and Geographic (also called country code represented as CcTLD). The nature of generic domain name is international, for example – .edu for educational institutions, .com for commercial use etc. Geographic domain name are just opposite to generic ones i.e. they are for specific countries like “.in” for India. Recently, ICANN also came up with the policy of Internationalized Domain Name (IDN) which enables registration of a domain name in local language and scripts like Arabic, Devanagari etc. which are encoded by the Unicode Standard.

 

Example of domain name-In www.wipo.org, “wipo” is the SLD and “.org” is the TLD. Hence, the first step before registering a domain name is to decide the TLD and SLD. Domain names are generally registered on “first come first serve basis”. Decision of SLD is of the registrant provided that it is not registered by any other company and that its name does not clash with the name of any other company. In case a domain name is already registered; the registrant can either alter the SLD or purchase it from the already registered ones via bidding, auction etc. The process of re-selling of domain names is carried on by registrars who are authorized by registries to sell the domain names. ICANN maintains a record of all the registered domain names and the process begins by checking whether the domain name for which the candidate applied is available or not. ICANN has also set up certain guidelines as to who can apply for some specific type of TLD. For example- gTLD like .com, .org are open for everyone to apply but gTLD like .AERO, .MOBI, .TEL etc are not open for all and the qualification of the candidate plays a major role in assignment of these gTLD. [4]

 

The registrar can be any company authorized by ICANN to do so. InterNIC website of ICANN provides detailed information about domain name registration services. After the above steps are completed the registrar takes the contact and other necessary information from the registrant and then sends the information to the registry responsible for maintaining the directory of that TLD. For Example- The Public Interest Registry is operated by .org registry. The registrant has duty to reveal all the information including information regarding registering, managing, renewing etc of domain names to the registrar for publication in WHOIS Directory. The registrar has the power to cancel or suspend the registration of a domain name if the information provided by registrar is not accurate or of it is not renewed by the registrar.

 

INDIA- In India, National Centre for Software Technology (NCST) is the body that regulates country level domain name registration. On September 26, 2000 NCST added two more domain names “ind.in” (for individuals) and “gen.in” (for organizations) to facilitate registration of individuals and organizations under the .in category. The two new categories of domain name do not require the applicant’s presence in the country as an essential requirement for registration. Earlier, the applicant had to compulsorily have their offices in India to register domain name under “co.in” & “org.in” category. On October 26, 2004, the Government of India declared National Internet Exchange of India (NIXI) as the registrar of .in domain. [5]NIXI was rendered with the function of collaborating with companies who are adept registrars and fulfill the international standards of domain name registration.

 

SETTLEMENT OF DOMAIN NAME DISPUTES

 

Domain name disputes became rampant mainly because of the jurisdictional issues within the cyber space. 2016 was the year in which cyber squatting cases hit record. [6] US is the first country to introduce a legislation which is specifically for trademark infringement in cyberspace known as Anticybersquatting Infringement Act, 1999. In general, domain name disputes can be solved in the following manner-

 

By ADR mechanism such as Arbitration and Mediation.

 

By Court Proceedings

 

By agreement between the parties (Example- The parties may arrive at a mutual conclusion for some consideration).

 

By conforming to procedure for settlement of disputes as entered in the domain name registration agreement entered between registrar and registrant.

 

In order to overcome the problems of settling disputes, ICANN came up with the Uniform Dispute Resolution Policy (UDRP) as a mechanism to settle domain name disputes. This policy enables a trademark owner to challenge the legitimacy of a domain name. The first UDRP case was of worldwrestlingfederation.com which was filed in December 1999. The dispute came before Mediation and Arbitration Centre of World Intellectual Property Organization (WIPO) which was also the first dispute resolution provider approved by ICANN. After WIPO, ICANN expanded the application of UDRP to other organizations like Asian Domain Name Dispute Resolution Centre, National Arbitration Forum, Arab Centre for Domain Name Dispute Resolution (ACDR) etc. Organizations approved by ICANN for settlement of domain name disputes enjoy wide powers which includes-

 

Cancellation of domain names created by cyber squatters.

 

Changing the registration of domain names

 

Transferring the domain name to the complainant

 

UDRP under Paragraph 4 (c) expressly gives remedy to the registrants who have not acquired any trademark or service mark rights but they commonly known by the domain name involved in dispute. The process begins when a complaint is filed by a trademark owner in any one of dispute resolution service providers regarding misuse of their trademark to which the respondent has to submit response within 20 days of compliant being filed. Paragraph 4 (a) of UDRP mentions that it is the duty of the registrar to submit “mandatory administrative proceeding” in the court on behalf of the complainant. It must be noted that the fee charged in order to settle the disputes depends upon the number of panelists and the number of domain names being challenged. It is the duty of the provider to notify the parties regarding the decision of the panelists which has to be implemented within ten days after receiving the notification. The number of panelist can be either one or three. The burden of proof is on the complainant to show that-

 

The other party is misusing the complainant’s trademark which is similar to the trademark of complainant.

 

The other party does not have any legitimate interest with respect to the said domain name.

 

The other party is using the domain name in bad faith. ( circumstances regarded as evidence of use of domain name in bad faith are mentioned under paragraph 4 (b) of UDRP)

 

UDRP is by default applicable in all countries where domain name registrars are accredited by ICANN and it does not apply in countries where the managers do not apply for the same. For Example- Singapore has its own Singapore Domain Name Dispute Resolution Policy and hence, cases are settled by Singapore Courts according to the terms and conditions of their policy. The first case settled under the Singapore Dispute resolution policy was Viacom International v. Elitist Technologies Co. where Viacom, an entertainment company incorporated in Dealware, a State of USA. The company had wide divisions and the MTV Networks was one of its divisions operating globally engaged in telecasting television programmes globally. The complainant also had registered trademark with the initials MTV. The respondent registered a domain name in Singapore with the name www.mtv.com.sg which had close resemblance with complainant’s trademark. The complainant demanded transfer of domain name but respondent did not agree. The Court however had another view and decided that the use of the domain name by the respondent for offering e-mail services and entertainment links to customers definitely left an impact that the same was done by the complainant company which operated at a global level. Hence, the court ordered the respondent to transfer the same to the complainant.[7]

 

CYBER SQUATTING – The act by which one party earns profit and attracts customer by misusing the trademark of other party. The misuse can be in the form of registering a domain name having resemblance to or exactly similar to the trademark of a well-known company having goodwill. Cyber squatting is a big hindrance in the growth of e-commerce companies. Most of the time, cyber squatters coerce popular e-commerce companies to pay huge sum of money to protect their companies goodwill and also their trademark. For example, a Canadianyouth registered the name Appleimac to sell it back to Apple; several other web reporters bought back their domain name for $700 which was registered by cyber squatters as domain sites. [8]

 

The concept of cyber squatting can be better understood by a famous case – Intermatic Incorporated v. Dennis Toeppen[9] where the company Intermatic was the exclusive owner of the trademark “Intermatic” after registering it with US Patent and Trademark Office. The company brought an action against “Dennis Toeppen” alleging that the use of domain name “intermatic.com” by the respondent company violates section 32(1) of Federal Trademark Infringement Act, Section 43(1) of Federal Trademark dilution Act, 1995 etc. The respondent company’s contention was that they were the first ones to register with the said domain name and hence, they had priority rights over the same following the “first come first serve” rule in domain name registration.

 

The court however decided in the complainant’s favor mentioning that Intermatic was a famous company operating at a global level. The trademark was used by the company for almost over a period of 50 years which definitely meant that the use of the same by the respondent would lead to dilution of their trademark. Also, the respondent company did not have sufficient evidence to prove their contention. Hence, the case was decided in favor of complainant.

 

CASE STUDIES

 

Bennett Coleman & Co. Ltd v. Long Distance Telephone Company D-2000-0015, Adm Panel Decision, WIPO

 

This was the first on its kind case where an Indian Company got relief under ICANN’s URDP mechanism. The complainant company was engaged in the publication of Articles in Daily newspapers like “The Economic Times” and “The Times of India”. The complainant also published online version of their respective newspapers under the domain name “economicstimes.com” and “timesofindia.com” The respondents registered domain name “theeconomictimes.com” and “thetimesofindia.com”. The complainant contended that the SLD of the respondent company was same as theirs and that it was meant to attract customers using complainant’s goodwill. Hence, the use of the respective domain names similar to that of complainant was in bad faith.

 

The matter came before the panel of Mediation and Arbitration Centre of WIPO and the panel decided that the two domain names of respondent should stand transferred to complainant. It must be noted that this case was decided in a span of just 45 days by the help of E-magistrate mechanism. The whole procedure took place online.

 

Yahoo! Inc v. Akash Arora & Anr IIAD 229 (Delhi High Court:1999)

 

The defendants were using “yahooindia.com” as for providing internet related services. The petitioner was the owner of the trademark “Yahoo!” and also had their registered domain name “yahooindia.com”. The plaintiff registered its domain name with different countries like “yahoo.ca” for Canada. Hence, the domain name “yahoo.india could be perceived as an extension of services of “Yahoo!”. The Court treated the matter as “passing off” and did not consider the mentioning of disclaimer as a sufficient remedy. The Court granted injunction restraining the defendant under the domain name “yahooindia.com”.

 

Rediff Communication Ltd v. Cyberbooth and Anr AIR 272 (Bombay High Court:2000)

 

A judge of Bombay High Court stated “A Domain Name is more than an internet address and is entitled to equal protection as trademark”. The case was of “deceptive similarity” wherein the plaintiff filed the case claiming that the domain name “radiff.com” of defendant was deceptively similar to theirs “rediff.com”. The Court recognized that there was common “intention to deceive”. The Court held that the domain name is definitely an infringement of the plaintiff’s trademark and that it was used by defendants in bad faith.

 

TRADEMARK INFRINGEMENT IN CYBERSPACE

 

Infringement of trademark occurs when one company generally uses the trademark of another company or trademark similar to that of other company in the course of trade of goods and services to deceive the customers and earn profit by using the goodwill of other company. With the advent of internet, this process of trademark infringement has become even easier. The rival companies create websites and register domain names to deceit the customers. The concern about infringement of trademarks has been in existence since common law times. This is evident from the fact that during the common law times, the Courts laid down the various tests to determine trademark infringement like Sleekcraft test[10]. Following are the factors to be considered that under the Sleekcraft test to check whether the trademark has been infringed or not-

 

The popularity of plaintiff’s mark. The more famous the mark, the more are the chances of infringement.

 

The use of plaintiff’s trademark by defendant. If the trademark is used by defendant for similar goods within same jurisdiction as that of plaintiff, it will be easier to deceive the customers.

 

The intention of the defendant. If the defendant does so without the prior permission of the trademark owner and earns profit by the company’s goodwill then the same will fall within the ambit of trademark infringement.

 

The line of marketing that the defendant chooses. Example- The defendant sells the goods bearing plaintiff’s trademark in the same outlet or the defendant advertises the goods on internet by registering a domain name reflecting a link or which is same as plaintiff’s trademark.

 

One of the important factors to be considered while deciding whether there was trademark infringement or not is to see within which ambit/jurisdiction, the plaintiff’s trademark is being used. In Euromarket Designs Incorporated v. Peters and Another[11] , the claim of plaintiff was rejected wherein the plaintiff contended that defendant’s internet address “crateandbarrel-ie.com” and “crateandbarrel.ie” was infringing their trademark. The reason that the court relied on was that the plaintiff’s trademark was registered in US and it was not so famous globally. Hence, the defendant’s use of same trademark in Dublin did not leave an impression on any of plaintiff’s customers that the site was of plaintiff. Therefore, there was no trademark infringement. The case was different from that of Amazon Case wherein the company although registered in USA had a global presence and reputation.

 

The Trademark infringement disputes, in earlier days, were settled by the Courts based in the traditional principles of trademark law. Federal Trademark Law was enacted which basically dealt with trademark infringement in cyber space in three different ways which were cyber squatting, trademark dilution and trademark infringement. Apart from these issues various other issues concerning trademark infringement in cyberspace came before the court such as infringement by way of linking or framing, Meta tagging etc.

 

LINKING & FRAMING – When a user accidently or knowingly clicks on a link highlighted on a webpage known as “hypertext reference link”, a totally different webpage appears which transports the user to a new location. This whole process is termed as “linking”. Trademarks are also misused by this process of linking. Fake companies copy the trademark of well-known brands and put them in the hyperlinks highlighted on various websites. This is to deceit the consumers into believing that the website belongs to the original trademark owners. Framing is another such site wherein the developer of the webpage can guide a user to a number of new sites using hyperlinks. The first trademark infringement case with respect to linking and framing was- Washington Post v. Total News[12]wherein total news, a company allowed the users to visit external sites that was linked to their main site using hyperlink. The external sites were viewed by users within a frame full of advertisements and logos of the total news company. The plaintiff’s contention was that the links were located at such places that contained famous trademark icons of the plaintiff companies. Allegations such as trademark infringement, federal trademark dilution, false advertising were put on the company. The parties however, decided to settle the matter out of court and arrived at the conclusion that the news company must take prior permission from the plaintiff’s in order to link their sites.

 

META TAGGING – Every site has a keyword field. Meta tagging is nothing but manipulation of this keyword field of a search engine. The manipulators insert a word in the keyword field of a site which manipulates the search engine so that the user returns to the same site although the site may have nothing to do with the search engine. Meta- tags can also be called hidden texts which although not visible but manipulates the search engine. In In ReOppedahl & Larson v. Advanced Concepts[13], Oppendahl and Larson was a famous lawfirm with the domain name “patents.com”. They filed a case against three companies contending that the companies used Meta tagging of the words “Oppehdahl” and “Larson” to drive traffic to their sites. Court regarded this act of defendant as trademark infringement and unfair competition.

 

However, not all the cases of Meta tagging are regarded as trademark infringement. Only those cases wherein the plaintiff has proved that the use of their trademark in defendant’s website is in bad faith will be regarded as infringement. In Playboy Enter Inc v. Welles SD Cal 1998, The Court did not regard use of metatags as trademark infringement since it qualified the test of “fair use”. The Court said that “legitimate editorial use” of Meta tags must be allowed since these are necessary to guide the customers to the respective sites.

 

JURISDICTIONAL ISSUES

 

Internet has no boundaries. Crimes can be committed sitting at a distant place using internet. Thus, one of the major issues surrounding these crimes is the jurisdictional issue. The same is the case with trademark infringement. It may be possible that trademark is registered at a particular place and operative only in that particular jurisdiction area. In such a situation, the same trademark registered at other place in good intention cannot be said to be infringing the first one. However, there are always exceptions attached to the rule, such as the case of Amazon where although the Amazon trademark was registered at some other place, the same had a global presence. The use of the same by any other company would make the customers believe that the product is offered by that company. Hence, this would be considered as infringement. Following are the issues that come up when up comes to deciding cases with respect to trademark infringement in cyber space-

 

First and the foremost issue is of the court as to in which court the proceeding must be brought. It may be a possibility that both the complainant and respondent reside in different countries and also the trademark and domain name are registered in two different countries.

 

Secondly, whether the judgment given by a court outside the jurisdiction of the domain name registration authority be binding on that authority.

 

Every country has different laws with respect to settling disputes. In such a scenario, what is the law on which country’s law the court would rely in order to settle dispute.

 

The decision of jurisdiction also depends on the fact that whether the internet website or domain name in question is guided targeting only a particular population. Just because a website is open for everyone to access, does not mean that the infringement has taken place in every country of the world.

 

Playboy Enterprises Inc v. Chuckleberry Publishing Inc, Tattilo Editrice , S.p.A, Publishers Distributing Corporation, and Arcata Publications Group [14]–Since 1953 PEI published a male-entertainment magazine named “PLAYBOY” globally. The magazine was available in different languages and was circulated in different countries of the world. In 1967, in Italy, Tattilo started publishing and circulating a male entertainment magazine with an English Title “PLAYMEN”. Although, the magazine had an English name, the same had content written in Italian. In July, 1979 Tattilo published and started circulating the same in USA. PEI, the plaintiff, filed a suit against Tattilo for trademark dilution, trademark infringement, unfair competition etc and requested the Court to grant injunction.

 

In 1981, U.S. Court issued injunction on publication and distribution of the magazine in US, and said that it had competency to do so since the magazine, although Italian, was circulated widely in US also. In January 1996, Tattilo started an internet website with the SLD “playmen.it”. The site was allowed to be accessed even by citizens of USA. The matter again went before the Court and the issue was that whether this activity was in violation of courts order of injunction. Since, the injunction was granted fifteen years ago and that the World Wide Web did not existed when the injunction was granted. The main argument of the defendant was that since the internet actually did not existed at the time when injunction was issued, the same cannot be barred now and that the injunction order does not apply to the company’s activities now.

 

The Court ordered the following to Tattilo-

 

Shut the users’ accounts of the citizens of US and refund the amount taken for the same.

 

Remit all the gross profit earned by Tattilo to PEI because the same was earned by using a name infringing their trademark.

 

Abstain from accepting any new subscription from US users.

 

Pay all the litigation expenses to PEI.

 

The paralysis of the decision of the above-mentioned case definitely reveals that although the company started and registered domain name in Italy, the same was permitted to be tried in US Court and that the decision of US court was binding on the Italian Company. Light must also be thrown on the fact that the judgment of U.S Court was solely restricting the company from performing the operation within the territorial boundaries of US because it was violating the trademark of another company which had registered its trademark in US.

 

CONCLUSION

 

With the expanding activities within the cyber world, various thought provoking issues are being raised now and often. The jurisdictional issue being one of the most widely discussed issues. Domain name and Trademarks have become a wide part of the ever-increasing e-commerce business activities. Domain names indentify a company’s presence on internet and now-a-days considered as valuable corporate assets. Domain names are generally given on “first come first serve basis” and registrars like NSI who are collaborated with National Science Foundation have got veto power towards assignment of domain name. However, these agencies can exercise the same only if the domain name in for registration is exactly similar to the other one and that the registration of this one would infringe the rights other.

 

Now various questions have knocked the doors of Court with respect to the same like whether domain name can be regarded as trademark? How to solve the jurisdictional issues relating to trademark infringement in cyberspace and also domain name disputes? The “PLAYBOY” case clearly indicates that the Courts can declare a judgment and can grant injunction even if the defendant company have registered their domain name in some other country. The study of “Amazon” case clearly indicates the popularity if the company is of great importance while considering case of cyber squatting. “Piracy” issues are increasing day by day. The best part about the settlement of domain name disputes is that it can be settled by any means including ADR, agreements etc. This helps the company escape lengthy court proceedings.

 

References

 

[1] Chethan Kumari, One Cyber Crime in India every 12 minutes, The Times of India, July 22, 2017, available athttps://timesofindia.indiatimes.com/india/one-cybercrime-in-india-every-10-minutes/articleshow/59707605.cms (Last seen Feb 1, 2018 at 1:00 a.m.)

 

[2] Stefan Kuipers, Faculty of law: Lund University, The Relationship between Domain Names and Trademarks/ Trade Names available athttp://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=5470120&fileOId=5470125 (Last seen Feb 4, 2018 at 2:00 a.m.)

 

[3] Eric Misterovich, Domain Names as Registered Trademarks, available at revisionlegal.com/trademark-attorney/domain-names-as-regi... (Last seen Feb 4, 2018 8:30 p.m.)

 

[4] Nandan Kamath, Computer Internet and E-Commerce, Fifth edition, Page no. 172

 

[5] Thomas K. Thomas, NIXI To be Registrar for .in Domain Name, October 27, 2004, available athttp://www.thehindubusinessline.com/2004/10/27/stories/2004102701720700.htm (Last seen at Feb 6, 2018 at 2:00 p.m)

 

[6] Wipo Cyber Squatting Cases Hit record, available athttp://www.wipo.int/pressroom/en/articles/2017/article_0003.html (Last seen Feb 6, 2018 at 2:00 p.m)

 

[7] Hsiao Chung Phang, Resolving Domain Name Disputes- A Singapore Perspective, 14 SAcLJ 85 (2002), available at heinonline.org/HOL/PDFsearchable?handle=hein.journals/sac... (Last seen Feb 8, 2018 at 2:00 pm)

 

[8] Tracy Kraft- Tharp, Domain Names and Trademark Law, 18 Preventive L Rep. 10 (1999) available athttp://heinonline.org/HOL/PDFsearchable?handle=hein.journals/prevlr18&collection=journals&section=9&id=10&print=section&sectioncount=1&ext=.pdf&nocover=&grab=B5B7889098&uname=bharatividyapeeth.edu (Last seen Feb 8, 2018 at 2:00 pm)

 

[9] 96 C, 1982 (7th Cir.:1996)

 

[10]http://www3.ce9.uscourts.gov/jury-instructions/node/244

 

[11] 96 F.2d 824, 288 (E.D.I : 2000)

 

[12] 97 Civ 1190 (S.D.N.Y : 1789)

 

[13] 373 F. 3d ,1171 (Fed. Cir. : 2004)

 

[14] 939 F.,1032 (S.D.N.Y : 1997)

 

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