Sterlite Industries (India) Limited - Sterlite Industries India Ltd.
Sterlite Industries (India) Limited - Sterlite Industries India Ltd.
Sterlite Industries (India) Limited - Sterlite Industries India Ltd.
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Export Obligations<br />
We have export obligations of Rs. 60,487 million ($1,189.1 million) over the next eight years on account of concessional rates received on<br />
import duties paid on capital goods under the Export Promotion Capital Goods Scheme enacted by the Government of <strong>India</strong>. If we are unable<br />
to meet these obligations, the liability would be Rs. 8,417 million ($165.5 million), reduced in proportion to actual exports. Due to the remote<br />
likelihood of our being unable to meet our export obligations, we do not anticipate a loss with respect to these obligations and hence have not<br />
made any provision in our consolidated financial statements.<br />
Guarantees<br />
As of March 31, 2009, we have given the following guarantees:<br />
• Guarantees on the issuance of customs and excise duty bonds amounting to Rs. 879 million ($17.3 million) for import of goods<br />
including capital equipment at concessional rates of duty. We do not anticipate any liability on these guarantees.<br />
• Corporate guarantee of Rs. 21,000 million ($412.8 million) on behalf of Vedanta Aluminium for obtaining credit facilities. We also<br />
issued corporate guarantees totaling of Rs. 14,704 million ($289.1 million) for importing capital equipment at concessional rates of<br />
duty under the Export Promotion Capital Goods Scheme enacted by the Government of <strong>India</strong> and Rs. 134 million ($2.6 million) for<br />
raw material imports. Vedanta Aluminium is obligated to export goods worth eight times the value of concessions enjoyed in a period<br />
of eight years following the date of import, failing which we will be liable to pay the dues to the Government of <strong>India</strong>. As of March 31,<br />
2009, we determined that we have no liability on either of these corporate guarantees.<br />
• Bank guarantee of AUD 5.0 million (Rs. 175 million or $3.4 million) in favor of the Ministry for Economic Development, Energy and<br />
Resources of Australia as a security against rehabilitation liability on behalf of CMT. This guarantee is backed up by the issuance of a<br />
corporate guarantee of Rs. 320 million ($6.3 million). These liabilities are fully recognized in the consolidated financial statements.<br />
We do not anticipate any additional liability on this guarantee.<br />
• Bank indemnity guarantees amounting to AUD 2.9 million (Rs. 100 million or $2.0 million) in favor of the State Government of<br />
Queensland, Australia, as a security against rehabilitation liabilities that are expected to occur at the closure of the mine. The<br />
environmental liability has been fully recognized in our consolidated financial statements. We do not anticipate any additional liability<br />
on these guarantees.<br />
• Performance bank guarantees amounting to Rs. 2,809 million ($55.2 million). These guarantees are issued in the normal course of<br />
business while bidding for supply contracts or in lieu of advances received from customers. The guarantees have varying maturity<br />
dates normally ranging from six months to three years. These are contractual guarantees and are enforceable if the terms and<br />
conditions of the contracts are not met and the maximum liability on these contracts is the amount mentioned above. We do not<br />
anticipate any liability on these guarantees.<br />
• Bank guarantees for securing supplies of materials and services in the normal course of business amounting to Rs. 2,047 million<br />
($40.2 million). We have also issued bank guarantees in the normal course of business for an aggregate value of Rs. 493 million<br />
($9.7 million) for litigations, against provisional valuation and for other liabilities. We do not anticipate any liability on these<br />
guarantees.<br />
• Two irrevocable letters of credit of $50 million each in favor of Asarco, one of which we gave as a security deposit at the time of<br />
signing the previous agreement with Asarco on February 4, 2009 and the second of which we gave as an additional security deposit at<br />
the time of signing the current agreement with Asarco on March 6, 2009.<br />
Our outstanding guarantees cover obligations aggregating Rs. 47,160 million ($927.1 million) as of March 31, 2009, the liabilities for which<br />
have not been recorded in our consolidated financial statements.<br />
After March 31, 2009, we have given a third irrevocable letter of credit of $25 million in favor of Asarco on May 15, 2009 after the<br />
approval by the US Bankruptcy Court of the adequacy of the disclosure statement submitted by Asarco in support of the reorganization plan<br />
proposed by Asarco and sponsored by <strong>Sterlite</strong> USA.<br />
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