Enron Mail

From:david.forster@enron.com
To:debbie.brackett@enron.com, tana.jones@enron.com, david.minns@enron.com,heidi.mason@enron.com, mark.taylor@enron.com, paul.smith@enron.com
Subject:Australian Status
Cc:mark.dilworth@enron.com, arfan.aziz@enron.com
Bcc:mark.dilworth@enron.com, arfan.aziz@enron.com
Date:Thu, 16 Mar 2000 17:10:00 -0800 (PST)

As I understand it, the current situation with regard to international
companies being able to transact on Australian power is this:

The only remaining potential issue is witholding tax. This may or may not be
an issue and is being researched by Heidi Mason. If it is an issue, it is
possible that we can borrow some language from the U.S. financial GTC. Heidi
will coordinate with David Minns and suggest a solution (if required) for
incorporation into the Australian GTC.

An issue was raised with regard to "Eligible Persons", and the requirement
that an "Eligible Person" hold more than $AUS 10 million. However, Tana Jones
has been in discussion with David Minns on this issue and determined that the
U.S. requirements are in fact more stringent than the Australian ones, hence
the application of U.S. criteria for Financial trades should be more than
sufficient to meet the Australian "Eligible Persons" requirements.
Furthermore, a perusal of the approvals by credit indicate that no companies
with an E-rating of less than 4 have been approved by credit.

An issue was also raised with regard to settlements and the use of
Austra-Clear. However, as we are unlikely to have large numbers of foreign
companies transacting on Australian power in the near term, this should be a
problem which can be resolved in the back office if it arises and should not
impact the GTC, the planned Monday launch or the customer profiles.

At this point, I am anticipating (possibly) having a witholding tax revision
to the GTC, which will be uploaded to the system on Friday (Houston time).

If anyone has any questions or concerns, please contact me on 713 853 1861
(office) or 713 562 8678 (cell).

Thanks,

Dave