
Commitment Letter on Letter of Guarantee of Temporarily Imported Goods
TO:Beijing Organizing Committee for the Games of the XXIX Olympiad (“BOCOG”)
From: (the “Organization”).
Date:
WHEREAS:
(i)For the purposes of the Games of the XXIX Olympiad (the “Games”), the XIII Paralympic Games, the test events, the torch relay and other relevant events and activities (the “Specific Purposes”), the International Olympic Committee, the International Paralympic Committee, the International Federations, the National Olympic Committees, the media and the sponsors propose to transport relevant goods (the “Temporarily Imported Goods”) into the territory of China , and re-export such goods from China within the time limit specified by Customs.
(ii) In accordance with the relevant commitments made by it under the Host City Contract, BOCOG will, pursuant to related laws and regulations of China, assist the Organization in handling customs clearance procedures for the Temporarily Imported Goods, without any duties or taxes being payable.
To this end, after examination and approval by Local Customs, BOCOG provided to Customs a demand guarantee issued by bank (the “Letter of Guarantee”), in accordance with the requirements of laws and regulations of China. The Organization shall provide Commitment Letter on Letter of Bank Guarantee of Temporarily Imported Goods (this “Commitment Letter”) to BOCOG for use of the Letter of Guarantee.
Based upon the abovementioned, the Organization hereby agrees to make the following commitments:
1.The Organization shall submit a goods list (the “Goods List”) to BOCOG’s related departments (at least 5 working days for air-freight and one month for sea-transportation and land-carriage) before the Temporarily Imported Goods are transported into China through relevant port under the administrative jurisdiction of Customs. The Goods List shall include the following items:
(1)Name and description of goods;
(2)Intended purpose of goods;
(3)Quantity, weight and size of goods;
(4)Value of goods (including unit price and total price);
(5)Time and port at which the goods are proposed to be transported into China and re-exported from China;
(6)Name, contact person, and contact information of the importation declarer designated by the Organization inside China (consignee);
(7)Other items required by BOCOG.
2.The Organization covenants to abide by the relevant provisions applicable to the Temporarily Imported Goods under Chinese laws, in particular, including:
(1)The Organization shall, at the time and port specified in the Goods List, transport the Temporarily Imported Goods into China and use such goods for Specific Purposes only.
(2)The Organization has the responsibility to carry out the control and management measures required by BOCOG and Customs over the Temporarily Imported Goods.
(3)The Organization shall re-export all Temporarily Imported Goods at the time and port specified in the Goods List. Where any Temporarily Imported Goods are destroyed, stolen, or reduced in quantity due to normal consumption before re-exportation, the Organization shall immediately notify BOCOG of relevant situation in written form, and submit the corresponding supporting documents required by Customs and BOCOG. Where the Organization proposes to dispose of any Temporarily Imported Goods by means of auction, transfer or donation, the Organization shall immediately notify BOCOG of its proposed disposal in written form, obtain prior approval of Customs, complete the due importation procedures and pay taxes and fees according to law.
Where any Temporarily Imported Goods are not re-exported from China by specified time limit due to whatever reason, the Organization shall, promptly notify BOCOG and Customs in writing of the current status of the goods remain in China (including without limitation, the name, actual location£¬party in control of the goods and owners of the goods, etc.), and provide the documents requested by BOCOG in this regard.
(4)Before the relevant Temporarily Imported Goods are re-exported from China, the Organization shall immediately notify BOCOG of the related information in written form.
3.The Organization covenants that, if due to a breach by the Organization of the provisions under Article 2 hereof, or a violation of other relevant laws and regulations of China committed by the Organization, BOCOG will have to pay for any taxes, penalties, overdue fine and other relevant charges at the request of Customs, or, BOCOG has suffered any other resulting damage (including, but not limited to, certain amount under the Letter of Guarantee was deducted on demand of Local Customs), the Organization shall, within [thirty (30)] working days upon the issuing of compensation notice by BOCOG, unconditionally compensate BOCOG for any and all direct and indirect losses incurred therefrom at the sum specified in said notice.
4.The Organization undertakes to exempt the directors, management personnel, employees, agents, appointees or volunteers of BOCOG, International Olympic Committee, Chinese Olympic Committee, International Paralympic Committee and Chinese Paralympic Committee from any possible compensation liability, including, but not limited to, fines, penalties, losses or expenses, arising from their performance or non-performance of relevant matters under Commitment Letter.
5.BOCOG will designate specific department(s) to liaise with the Organization regarding the performance of relevant matters under Commitment Letter, to assist the Organization in handling the customs clearance procedures for the Temporarily Imported Goods, and to coordinate and communicate with the Organization regarding the control and management of the Temporarily Imported Goods.
6.Commitment Letter is prepared in Chinese and attached with English and French translations. Should there be any inconsistency between the Chinese version and the English or French translations, the Chinese version shall prevail.
7.Commitment Letter is governed by laws of China.
8.Before execution, the Organization have carefully read, fully understood and accepted this Commitment Letter. Commitment Letter shall become effective upon the date of execution and seal by the Organization. Commitment Letter will be executed in four original copies, with one held by the Organization, and the remaining three submitted to BOCOG.
(Seal)
By
(Signature)
Name
Post
, 200