The Comptroller and Auditor General (CAG), in its address on the Rafale fighter jet accord with France, has accent the drawbacks of clearing for a ‘Letter of Comfort’ rather than a absolute acceding by the French government. The report, tabled in Parliament on Wednesday, acclaimed that the 2007 UPA accord included a 15 per cent coffer acceding adjoin beforehand payments. Highlighting its concerns, the CAG empiric that in case of a aperture of agreement, India would now accept to aboriginal achieve the amount through adjudication anon with the French vendors. If the adjudication accolade goes in favour of India and Dassault Aviation, the makers of the Rafale jet, fails to honour it, India will accept to bankrupt all accessible acknowledged remedies, it said. Only afterwards that will the French government accomplish the payments on annual of Dassault Aviation, it added.
India for the aboriginal time active an Intergovernmental Acceding (IGA) with France to annex 36 Rafale fighter jets. It has beforehand active agnate IGAs with the US, the UK and Russia. “In case of IGA for 36 Rafale, the action of M/s DA (Dassault Aviation) in 2007 had included 15 per cent Coffer Acceding adjoin beforehand payments, 5 per cent anniversary for Achievement Acceding and Warranty. A Coffer Acceding gets anon and automatically invoked in case of aperture of arrangement by the seller,” the CAG said. In the 2015 action with the present government, the French bell-ringer did not accouter any banking and achievement coffer guarantees, the address stated.
Since about 60 per cent of beforehand payments were to be fabricated to the French vendors, the Admiral of Law and Justice brash that a government/sovereign acceding should be requested in appearance of the amount of the proposed procurement, the address said. However, the French government and Dassault Aviation neither agreed to accouter the coffer guarantees nor a government/sovereign guarantee, it stated. “Instead it provided a ‘Letter of Comfort’ active by the French Prime Minister in lieu of the Coffer Guarantee,” the address said. The affair on absolute acceding and ‘Letter of Comfort’ was submitted to the CCS in September 2016 for consideration.
The CCS gave its accepting forth with added associated guarantees/assurances provided in the IGA in lieu of coffer acceding accountable to payments through an escrow annual or “any added safeguards which the admiral was to assignment out in appointment with the French Government with the affirmation by the French Government that they shall accommodate able blank on the appliance of payments appear to the French Industrial suppliers”, the CAG address noted. The French government, the address said, did not accede to an escrow annual as it acquainted “the guarantees already provided by it were far extensive and unprecedented”.
“In case of any aperture of acceding Indian affair (Ministry) would accept to aboriginal achieve it through Adjudication anon with the French vendors. If the Adjudication accolade were in favour of Indian affair and the French bell-ringer fails to honour the accolade (make the payment’s claim), Indian affair should bankrupt all accessible acknowledged remedies. Only again the French Government would accomplish these payments on annual of the vendors,” the address said. The CAG address comes at a time the government has been adverse attacks by the Congress over clearing for a ‘letter of comfort’ instead of a ‘sovereign guarantee’.
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