Currency should be of that of Country or Origin of goods. Type of packing: Suitable for export, details should clearly be stated. (3) Validity: The validity period of the tender submitted should be not less than 3 months from closing date of submission of tender, confirming firm rate. (4) Terms of payment: Insurance & Letter of Credit Both letters of Credit & Insurance shall be effected by Samawah Cement Public Company. (5) Neutral Tests: Offers are to include an acceptance statement to the effect that Samawah Cement Public Company, may appoint a competent Neutral party at its expense to inspect material in order and issue relevant test certificate to the effect that the material being shipped conform in all respects with the agreed upon specifications. Bankers effected payment will only do so upon receiving a copy of such certificate which have been approved by Samawah Cement Public Company. (6) A complete set of documents issued with each tender may be Purchased by any person desiring to participate in the confidential tender, against payment of an amount fixed by the Company for each tender. This amount is not refundable under any circumstances. (7) The closing date of submission of tender will be not later than closing office hours on 31/3/75. Tenders received after this time and date shall not be accepted. (8) The Company does not bind itself to accept the lowest tender. (9) Tenders not complying with our specifications and terms shall be neglected. (10) Tenders should be submitted in six copies. (11) Tenders are to be submitted in sealed envelopes, clearly indicating subject of tender, Samples if required should be sent under separate cover marked clearly with the reference number and subject of tender. (12) Tenders are to be accompanied by a preliminary bank deposit in favour of and payable to the Samawah Cement Public Company for the sum of 5% of the FOB value of offer as a guarantee of good faith. The deposit will be returned to unsuccessful. Tenderer after 6 Calendar months from closing date of tender. (13) Certificate of Origin: Tenderer must submit: (a) Certificate of origin specifying that the goods are not of Israeli Origin not the Company having a branch in Israel and that they will not be shipped on Israeli or Black listed Vessels. This Certificate must be legalized by the Iraqi or any Arab Consulate or representative and in case of their non-existence, legalization by Chamber of Commerce or Industry in the Country of Origin or port of Shipment will suffice. (b) Country or origin and port of shipment of goods. (c) Delivery period. NOTES On acceptance of an offer, Samawah Cement Public Company will require the following: (a) Bank Guarantee Such a guarantee is requested by Samawah Cement Public Company its amount will not exceed 5 percent of FOB value of offer and should be valid six months after the date of last shipment. (b) Proforma Invoice Confirmation of order is to be accompanied with 10 copies of proforma Invoice. (c) Validity of L/C Due to the regulations of the Central Bank of Iraq, L/C can not be opened for more than a period of 5 months, however, in case of the delivery period being greater than eight months the L/C will be extendable prior to expiry date to cover the full period delivery time. (d) Shipping Marks Shipping marks to be mentioned on shipping documents as follows: Samawah Cement Public Company. Samawah Works Order No. (a) If the Tenderer fail to deliver the material in accordance with the conditions, the Samawah Cement Public Company shall cash the bank guarantee submitted by the Tenderer. APPENDIX G U.S. DEPARTMENT OF COMMERCE, DOMESTIC AND INTERNATIONAL BUSINESS ADMINISTRATION, Washington, D.C. GENTLEMEN: The following trade opportunities have been submitted to the Department of Commerce by U.S. Foreign Service Posts overseas. If you are interested in any of these opportunities, please contact directly the person listed on the enclosed telegrams. Sincerely, Enclosure: CHARLES B. PITCHER, Construction and Building Materials Program, MINISTRY OF INDUSTRY & METALS, STATE ORGANIZATION FOR ENGINEERING INDUSTRIES, HOUSING SCHEMES COMMITTEE TENDER NO. 6/75-3550 PRECAST HOUSES Technical Specifications 1. Scope of the tender: 3550 houses precast concrete to be established in the following areas: 1300 houses in Baghdad located as follows: 700 houses in Waziriyah, 500 houses in Aba Ghraib, 100 houses in Al-Taji. 1000 houses in Iskandariyah, 400 houses in Diyala, 100 houses in Kut, 150 houses in Hassiriyah, 600 houses in Dasrah. 2. Precasted concrete buildings are preferred to precasted concrete houses. 3. In case of buildings, they will be of three floors only with 36-48 apartments in each building. 4. Individual houses to be of about 80 square meters each with a garden of 70 square meters, suitable for five persons to live in and consist of: 2 Bedrooms, 1 living room, 1 Hall, 1 Kitchen, 1 bathroom with shower and 1 W.C. of oriental type to be separated from the bathroom. 5. In case of individual houses, the roof will be level to enable inhabitants to use it as a sleeping place in summer nights and there should be inside staircase for this purpose. 6. Each house in Basrah area should be equipped with airconditioning unit and in case of buildings, the building should be centrally airconditioned. As for houses/buildings in other areas, they should be equipped with ducting system for desert coolers. 7. Each house should be equipped with oil heater for hot water. 8. All rooms should be equipped with electrical points for ceiling fans. 9. Offers should include all utilities for housing schemes in each group of houses, i.e. primary school, market, social centre, medical centre, etc. 10. Any other suitable alternative will be taken into consideration. MINISTRY OF INDUSTRY & METALS, STATE ORGANIZATION FOR ENGINEERING INDUSTRIES, HOUSING SCHEMES COMMITTEE TENDER NO. 6/75-3550 PRECAST HOUSES General Terms and Conditions 1. Offers should be based on C&F site or Baghdad taking into consideration that insurance to be effected locally at the supplier's cost. 2. Full specifications, type and make of the material offered should be given as well as country of origin. 3. Materials supplied by the tenderer should comply with the agreed upon specifications and conditions as in concluded contract. 4. Offers in three copies to be submitted in sealed envelope and addressed to State Organization for Engineering Industries with the name and number of the tender written clearly on the envelope. 5. Offers should be submitted to above at least 12:00 hours of the closing date of the tender and any offer received after that date will be neglected. 6. If tenders sent by post, they should be registered but the tenderer must make sure that offers are delivered to the said office within the limited tme. 7. The tenderer must submit a preliminary deposit with the tender as a security of his financial standing and as a guarantee to perform his obligations under the contract conditions in a form of bank guarantee issued by Rafideia Bank, amount of which should not be less than 5% of the total value of the tender and it should be valid for two months after the closing date. 8. In case of the successful tenderer, the bank guarantee will be retained until the tender has been definitely accepted. Thereafter deposits shall be returned to the unsuccessful tenderers 9. After the reward of the tender to the successful tenderer, the above bank guarantee will be released and replaced by a performance Bank Guarantee amounting to 5% of the contract tender for a period ending with one month after the Final Acceptance Certificate date. 10. The contractor will be responsible of the maintenance of the houses and all other utilities for one calendar year effective the date of the Final Acceptance Certificate and for that purpose a bank guarantee of 5% of the contract value should be submitted from that date until the end of the maintenance period. 11. Payment: Payment shall be effected by establishing a letter of credit in the name of the supplier to the value of 100% of the total tender value payable in installments related with the progress of the shipping and erection progress. 12. Penalty: If the tenderer fails to deliver the material in accordance with conditions agreed upon the SOEI shall cash the Bank Guarantee submitted by him and shall deduct the amount that shall be calculated on the basis of damage caused to this Organization as a result of unsatisfactory quality. 13. Country of Origin: The tenderer should not incorporate this tender any material that has been manufactured in Israel or by companies boycotted officially by Iraqi Government. 14. Validity: Offers should be firm and valid for 60 days after the closing date of the tender. 15. If the tenderer withdraws his tender before the expiry date of 60 days period, his provisional deposit will be forefeited to SOEI. 16. The SOEI does not bind itself to accept the lowest offers or any other offer and without being liable to assign any reason thereof. Mr. RAUER MEYER, APPENDIX H CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS, Washington, D.C., July 10, 1975. Director, Office of Export Administration, Department of Commerce, DEAR MR. MEYER: Thank you for your recent assistance to the Subcommittee on Oversight and Investigations preliminary research on the Arab boycott. As you probably know, the Subcommittee is seeking information on American firms that have encountered or have been influenced by boycott demands. Since Part 369.2 of the Export Control Regulation requires any U.S. exporter who receives a request for boycott compliance to file a quarterly report with the Office of Export Control, the Subcommittee and its staff will require access to these reports. Please send us copies of all reports from 1970 to the present by July 21, 1975. Sincerely, JOHN E. Moss. Chairman, Oversight and Investigation Subcommittee. THE SECRETARY OF COMMERCE, Hon. JOHN E. Moss, Chairman, Subcommittee on Oversight and Investigations, Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: This is in response to your letter of July 10, 1975 to Mr. Rauer H. Meyer, Director, Office of Export Administration, in which you requested access to boycott requests reported to this Department since 1970. Under the Export Administration Act of 1969, as amended (the "Act"), and our implementing regulations, domestic exporters are required to report to this Department any requests they receive to cooperate with the Arab boycott. I am eaclosing for your information a copy of the form prescribed for reporting such boycott requests, together with a reprint of the pertinent part of our regulations. You will note that these regulations do not prohibit U.S. firms from participating in the boycott. Rather, the action with respect to which sanctions may be imposed under the regulations is failure to report the request for their participation. On three occasions, the Department has conducted widespread publicity campaigns in an effort to make certain that exporters were aware of the law and their responsibility to report. The first campaign followed immediately upon enactment of the legislation in 1965 and carried over into 1966. Another intensive campaign was launched in 1968 and carried over into 1968. The most recent publicity campaign, which began in April of this year, included direct mailings to some 30,000 U.S. firms engaged in international trade of a copy of the pertinent parts of our Export Administration Regulations dealing with the reporting of Arab boycott requests. I believe that the effectiveness of this publicity campaign can be measured by the fact that as of June 26, 898 boycott requests have been reported during 1975, as compared to only 785 such requests reported during the entire calendar year 1974. In the course of our investigation in 1968, eighteen firms, because of ignorance or misunderstanding, were found not to be complying with the reporting requirements and were warned to do so thereafter. During a follow-up investigation in April of this year, five of these same firms were found to have failed to report subsequent boycott requests. These were charged with violating our export administration regulations, and compliance proceedings against four of these five firms are now successfully completed. Section 388.14 of our regulations provides for the confidentiality of these proceedings until such time as a sanction is imposed. I am enclosing for your information a copy of the Department's press release of June 27, which identifies these four firms and gives details regarding their violations. To date, warnings have been issued to 105 other firms which were "first-time offenders." Your request that we make available to your Subcommittee and its staff, copies of all the boycott reports which have been submitted to us since 1970 must be considered under the provisions of Section 7(c) of the Export Administration Act of 1969, as amended, because these reports were submitted to this Department pursuant to the Act under an express pledge of confidential treatment. Section 7(c) of the Act provides that: "No department, agency, or official exercising any functions under this Act shall publish or disclose information obtained hereunder which is deemed con. fidential or with reference to which a request for confidential treatment is made by the person furnishing such information, unless the head of such department or agency determines that the withholding thereof is contrary to the national interest." (Emphasis added.) (50 U.S.C. App. § 2406 (c)) Thus, the Act does not merely authorize the President or his delegate to maintain the confidentiality of information obtained under the Act "which is deemed confidential or with reference to which a request for confidential treatment is made," but requires that such information not be disclosed unless the agency head determines that its withholding is "contrary to the national interest." You will notice that the enclosed copies of Form DIB-621 and § 369.2 of the Regulations expressly advise the exporter that the information contained in his reports will be deemed confidential under Section 7(c). Thus, the identity of individual reporting firms and the particular information submitted by them are specifically exempted from disclosure by statute. In considering whether there is an overriding national interest in disclosing the identity of these individual reporting firms. I am mindful of the need to provide Congress with adequate information on which to legislate. There is undoubtedly a national interest in the Congress and the public being aware of the number of transactions, as reported to this Department, in which U.S. firms had been asked to cooperate in restrictive trade practices by various countries. This information has been reported by this Department in our Quarterly Reports on Export Administration to the Congress. Furthermore, the enclosed summary of boycott information reported by exporters through June 26, 1975, shows the types of restrictive trade practices which were reported and the actions the exporters indicated they would take in response. I hope you will find this summary sufficient for your needs, as it contains in aggregate form virtually all the information found on the exporter reports. However, disclosing the identity of reporting firms would accomplish little other than to expose such firms to possible economic retaliation by certain private groups merely because they reported a boycott request, whether or not they complied with that request. Such a consequence would not, in my view, be in the national interest. Accordingly, I must decline the request set forth in your letter. I want to stress, however, that I am fundamentally opposed to the premises upon which the Arab boycott is based, and sincerely hope that a resolution of the issue satisfactory to all concerned can be achieved as quickly as possible. Sincerely, There is reason to believe that a number of firms, perhaps through lack of knowledge or misunderstanding, may not be complying with the Department of Commerce regulations regarding the reporting of requests for information or action in support of certain foreign restrictive trade practices or boycotts. The Department's regulations are reprinted in this pamphlet. |