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Enron Mail |
Thanks for your input. On the issues you raised following are my comments
1. The only change is the new tax clause which is paragraph 2.5 2. I will leave it to out tax experts to confirm the arrangements but I believe the tax treatries are limited to the countries I listed. As far as procedures are concerned I would be looking for signoff from tax. Either Susan Musch or PW. 3. refer 1 above 4.Yes I can make this determination. 5. Clause 2 of the ETA will be of great assistance but we cannot avoid our responsibility entirely, particularly where there are reasonable grounds to assume a party is not trading as a principal As I am in Houston can we get together to discuss. Please call me on my cell phone 12817823270 David Forster@ECT 03/31/2000 10:26 PM To: David Minns/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT cc: Heidi Mason/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Paul Smith/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Paul Quilkey/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Tana Jones/HOU/ECT@ECT, Mark Taylor/HOU/ECT@ECT, Susan Musch/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT Subject: Re: EnronOnline procedures and GTCs David, Thanks for the info. Could you address the following questions? 1) Do you have a redlined version of the GTC, highlighting changes from what is online? 2) You mention: "Counterparties from other countries will require specific tax clearance" - could you explain what this process will be? 3) Could you please confirm that Australia does not have a Double Taxation Agreement with: Argentina Brazil Canada Croatia Germany Japan Netherlands Poland Portugal Romania Singapore Slovenia (note these are all countries which have PA's under EnronOnline or are expected to have PA's very soon) 4) 1.5: Reasonableness Test: "a determination needs to be made whether inviting them to trade Australian Power could lead to a claim of misleading/deceptive conduct under the Trade Practices Act 1974." Can you make this determination or indicate how we can make this determination? 5) 1.2 Regulatory Obligations: "Confirm that counterparty will trade as principal." In your opinion,does Clause 2(a) of the ETA sufficiently address this concern? Thanks for your help, Dave David Minns@ENRON_DEVELOPMENT 03/31/2000 08:58 AM To: Heidi Mason/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT cc: Paul Smith/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Paul Quilkey/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, David Forster/LON/ECT@ECT, Tana Jones@ECT, Mark Taylor@ECT, Susan Musch/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT Subject: EnronOnline procedures and GTCs Attached are the GTCs that I have revised to address tax issues that would arise from counterparties with no Australia presence. I am content settlement provisions already covered in the documentation. I have also developed a checklist for new counterparties. Would you pass onto Chris Catt at PW for his signoff.
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