PITC Memorandum Circular No. CT-AFP98-05-01 (1998)

(NAR) VOL. 9 NO. 2 / APRIL - JUNE 1998

[ PITC MEMORANDUM CIRCULAR NO. CT- AFP/98-05-01, May 27, 1998 ]

APPLICABLE PERIODS AND RATES TO BE ADOPTED IN ALL COUNTERTRADE AGREEMENTS TO BE SIGNED IN COMPLIANCE WITH THE ITB FOR THE SUPPLY OF THE MULTI-ROLE FIGHTER PLANES (MRF'S) AND OFFSHORE PATROL VESSELS (OPV'S)

The following are the applicable periods and rates to be adopted in all countertrade agreements (whether for offset, counterpurchase or a combination thereof) to be signed in compliance with the ITB for the supply of MRF's and OPV's to the Philippine Air Force and Philippine Navy, respectively. I Period Performance for Countertrade Obligations Value of CT Primary Period Grace Period Total Obligation In US 1 M-50 3 years 2 years 5 years over 50M-100 M 4 years 2 years 6 years over 100 M-150 M 5 years 2 years 7 years over 150 M-200 M 6 years 2 years 8 years over 200 M-400 M 7 years 2 years 9 years over 400 M 8 years 2 years 10 years II PITC Monitoring/Management Fees Value of CT FEES Obligation in US$ (% of CT Obligations) 1M-50M 1.5% over 50 M-100 M 1.25% over 100 M-150 M 1.00% over 150 M-200 M 0.75% over 200 M-400 M 0.50% over 400 M 0.25%III Penalty for Non-Performance and Guarantees A. PENALTY: Penalty shall be 10% of the unfulfilled CT obligations.

B. GUARANTEE: The guarantee shall secure the payment of penalty for non-performance. The following guarantees shall be provided: 50% of the penalty — to be secured by Bank Guarantee 50% of the penalty — to be secured by Corporate Guarantee (not comfort letter) The terms/conditions of the aforementioned bank and guarantee and Corporate Guarantee shall be approved by PITC. Adopted: 27 May 1998

(SGD.) ISMAEL B. CRUZ President