Good day. We had discussion with U Set Aung, chairman of TSMC this afternoon. Thanks to advance instruction by Mr. Matsui to U Set Aung, he completely understands the current situation and propose one solution to you that CRMTO will be granted Freezone status until SEZ Rules & Regulations will be published. Its details are as below;
1. CRMTO revise minor wordings on investment application form and submit to TSMC as Freezone status. Wording shall be “CRMTO Myanmar will export its products or sell to export oriented company outside SEZ in Myanmar” (better to discuss with TSMC officer.)
2. CRMTO is granted its Freezone status. CRMTO is not required to pay 5% of commercial tax against land rent.
3. [SEZ Rules & Regulations] is published including that [selling semi-products to export oriented company outside SEZ (=CMP basis) is considered as export]. U Set Aung says its timing will be “soon, hopefully before the election in November, 2015”. However, no guarantee. Currently waiting for final confirmation of Dr. Kan Zaw (Minister for National Planning and Economic Development)
4.1 [SEZ Rules & Regulations] is published in a certain period of time, you may continue your granted status as Freezone. Or
4.2 [SEZ Rules & Regulations] is NOT published by [one year later after commencement date of your commercial operation (=suppose, by July 2017*)], CRMTO may be converted to [Business in a Promotion Zone] status and in the worst case be imposed on 5% of commercial tax, import duties on raw materials and late payment penalties.
*by July 2017. On the conditions below;
1st : re-apply for investment to TSMC and granted investment permit by TSMC in Aug 2015,
2nd : signing on Land Sublease Agreement and paying Land Rent to MJTD in Aug 2015,
3rd : design approval by MJTD and building permit by TSMC and starting construction by Nov 2015
4th : completion of factory construction and commencement of your commercial operation.
Below are my personal opinion, for your consideration. Above are good suggestion and flexible reaction of TSMC. However, there still remains a risk that [SEZ Rules & Regulations] are not published. MJTD also shall not take any responsibilities for the worst scenario. So, we would like to propose you to have direct discussion with U Set Aung in Yangon or Naypyidaw, for your final decision.
For your request of discussion on July 24 or 27, please coordinate with my colleague, Mr. Myint Zaw. Thank you.