July-August  1999

 

Call to all Freedom-Loving Citizens :
Resist BJP’s Traitorous Sell-out of the Country and “Opposition’s” Collaboration

 

BJP’s servility to foreign interests, has reached such base levels that Yeshwant Sinha, while presenting the budget, said he was addressing the international audience. Never before, in these 51 years of so-called independence have such high-level secret dealings between the Indian and US governments taken place as reflected in the talks between Jaswant Singh and Strobe Talbott. In just one year, eight meetings have taken place, shrouded in secrecy, behind the backs of the entire country. But the fruits of these talks, taking place under the pretext of India’s nuclear explosion, is to be seen in the total capitulation of the BJP, not only regarding its readiness to sign the CTBT, but more particularly in the economic sphere.

For all the mock show of nationalism whipped up by the BJP on Sonia Gandhi’s foreign origin issue and the Kargil issue, the BJP has proved the most faithful servants of the imperialists. Whether it is Sonia or Vajpayee or any of the parliamentary clan all have proved to be faithful agents of foreign capital, betrayers of the interests of our country and its people. The traitorous policies outlined below have been supported by all.

The extraordinary extent of capitulation in just the one month of March in the economic sphere was coincidentally linked with a rush of top US delegations to India. In end February ’99 after the eighth round of talks between defeated MP, Jaswant Singh, and his master Talbott, a joint statement spoke glowingly of a "new broad-based relationship" moving towards a strategic partnership. Simultaneously, vice-chairman of the US Joint Chief of Staff, General Ralston, conducted secret discussions with top Indian defence officials. And in end March a high-level US Congressional delegation conducted detailed discussion (never disclosed) with top BJP ministers, parliamentarians and the heads of business outfits, like the CII (Confederation of Indian Industries).

Amidst this hectic diplomatic activity, the extent of pro-imperialist policy changes in the economy in just the one month of March ’99 has out-stripped, in its speed, any other period of the post-liberalisation era. And to facilitate this capitulation, the Swadeshi-spouting RSS scum diverted attention by raising the bogey of ‘conversions.’ To dupe its mass following away from these capitulationist policies, Christians were made the scapegoat as the supposed vehicles of Western influence in the country. The Congress(I) and most regional parties fully backed the BJP’s economic policies. Many, like the TDP in AP, have themselves sold out to the IMF/World Bank implementing policies at their dictates. As far as the " ‘Left’ opposition" goes their rhetoric is in no way commensurate with their practice in the states they run or when they were part of the UF government. If this outright sell-out of our country is to be reversed it is the people, and the people alone, who must rise in revolt.

In just the month of March ’99, starting with the budget itself, there was no sphere of the economy that has remained untouched by the imperialist foreign hand camouflaged with the BJP’s gloves. Trade, investment, financial services, telecom, patents, insurance, export-import, research and development, television viewing, housing, derivatives (speculation) markets, petroleum deregulation, and facilitating a host of TNC takeovers of even PSUs..... in all these spheres monstrous policy changes have been introduced that will allow further domination of the Indian economy by foreign capital.

Not only this, even the care taker government, without a mandate, has continued the hectic pace of sell-out, which will, no doubt, result in the BJP receiving millions of dollars for its election fund. Of course, the imperialist sharks, never satisfied until they own the entire country, continuously demand more. It is like the man-eating tiger, once having tasted blood, demands more and more. The Indian rulers, having initiated ‘economic reforms’ at imperialist dictates, and caught deeper and deeper in the web of international finance capital, must continuously satiate their voracious appetite.

Let us look at what has taken place in recent months.

The Budgetary Sell-out

Already in the budget article (last issue of ‘People’s March’) we have seen how the BJP government has bowed to IMF dictates ..... to cut the food and fertiliser subsidy, to raise freight rates, to reduce the deficit, and to grant big concessions to business that will benefit the TNCs as well. In addition to all those already mentioned in that article some are specifically geared to assisting foreign capital, even at the cost of local industry. To take some examples from the budget :

* There has been a major growth of US agri-business within the country with companies like Cargill, Monsanto, etc., aggressively pushing their way into Indian agriculture. To facilitate this the government has in this budget introduced a major plan for agricultural development, basically geared toward commercial crops. It has also extended the tax holiday facility for the setting up of cold storages and other infrastructural development for processing cash crops.

* With the security achieved over patent rights in the new patent regime, TNC research and development in the pharmaceutical sector has been facilitated by extending the 125% tax deduction on in-house research from 2000 to 2005.

* The FIPB (Foreign Investments Promotion Board) has been instructed to clear all foreign proposal within 30 days.

* We have already seen the TNC offensive in India, with the large number of take-overs of local industry. Now, in this budget a most disastrous policy has been introduced which will facilitate this process even further — tax concessions and other facilities have been introduced to ease corporate mergers.

Hardly has this been announced when in mid-March India’s leading financial institution, ICICI, actually part-financed the take-over of two local companies by TNCs. ICICI agreed to lend Rs. 210 crores out of a total acquisition cost of Rs. 1100 crores, to British power major, Powergen’s acquisition for majority control in Gujarat Torrent Energy Corporation. Also, it will lend around Rs. 200 crores to French cement major, Lafarge, for part-financing its acquisition of TISCO’s cement plant of Rs. 550 crores.

Worse still, in end-March, two key public sector companies are all set to be handed over to TNC control. Warburg Dillon Read, a leading European Investment banker, has bagged the mandate for the core group on disinvestment for the strategic sale of 25% equity in IPCL (Indian Petrochemicals Corporation). In addition, the government approved a complete take-over of the public sector IBP Ltd by US Oil major, Caltex. In 1993 Caltex had formed a joint venture with IBP Ltd — now Caltex will take-over the IBP Ltd’s 49% stake.

* The list of industries for automatic approval for FDIs has been expanded.

* Disinvestment of PSUs have been planned to the extent of Rs. 10,000 crores a large part of which will be taken over by foreign capital.

* In a bid to tie the PSUs further to the chains of imperialism, this budget has stated that in 1999-2000, external borrowings by PSUs will go up by 25% to Rs. 5,446 crores.

* In order to promote FDIs in the chemicals, pharmaceuticals and fertiliser sector the government decided to permit 74% equity under the automatic route.

* Big reductions in import duties have been given for the information technology sector — on ICs and microassemblies, storage devices and CD Roms, telecom equipment and optical fibres.

Now let us turn to the post-budgetary policy changes.

The New Patent Regime

Openly bowing to US pressures, the Indian Patent Act (IPA), 1970, was amended as per WTO stipulations. The process for this capitulation has been long drawn-out and has involved all the major parties. As the sell-out would have a disastrous impact on the country, it required a concerted effort of all parties to get it passed against the wishes of the people of the country. After witnessing the patenting of Basmati, neem, 22 medicinal plants and 90 bio-tech plants by US companies, people’s anger at the government sell out, is all the more.

The process for this capitulation was started by the Congress(I) who introduced a patent amendment bill in 1995 itself. The Bill fell through in both houses of parliament as the BJP then voted against it. In September 1997, in a bid to hastily push through a patent amendment bill, the Deve Gowda government set up an ‘expert group on intellectual property rights’ coordinated by the PMO (prime minister’s office) itself. The reason for the BJP’s earlier opposition and the UF’s desperate attempts was because of the vociferous opposition to the WTO stipulation by not only the people but even a section of the industrialists.

Finally, the BJP coalition, ignoring even their earlier opposition, passed this amendment. As a consequence of this, India will have to provide exclusive marketing rights for products, which may not even be patentable inventions under the IPA. The amendment adopted requires the government to introduce a mailbox facility for the acceptance of patent applications to be received for new pharmaceutical and agro-chemical products from 1995 onwards and to allow for these products Exclusive Marketing Rights (EMRs) of distribution for five years. This provision will remain in force till 2005 when the government would also have to start granting product patent rights. The EMRs would be granted to companies merely on the condition that already at least in one convention country the patent has been granted for the concerned product. Acceptance of EMR provisions does not require the examination of patent applications for the enforcement of the criteria of patentability provided under the IPA, 1970. In fact, government control ceases to exist, and the product which is granted EMR rights will have a monopoly and can charge exorbitant prices. Besides, the TRIPs agreement abolishes obligations of the patentees to disclose the inventions through their introduction via local manufacture into the national productive systems. It treats importation as equivalent to the working of patents. It denies the national government the right to use licensing mechanisms for the introduction of market competition. What is even worse, in the case of disputes the TRIPs agreement does not clearly define the legal standards which will govern settlements. It means fighting the patent right in the other country according to their laws. This involves the erosion of even what limited sovereignty of governments exist, since any government seeking redressal in the court of a different country will, by implication, accept the sovereignty of that country on a disputed patent. The recent US Trade Annual Report has openly stated that a change in the Indian patent regime will mean a yearly gain to its pharmaceutical industries of $500 million (Rs. 2,000 crores). There will be a similar gain for their agro-chemical industries.

Such are the stipulations of the WTO which India will now have to abide by. So much for the swadeshi spouting nationalists. But what is even more criminal and traitorous is that in the BJP’s final Patent Bill they did not even introduce certain safeguards allowed by the TRIPs. In this the BJP even went against its own Law Commission report, which called for certain changes in the new bill.

The Commission had presented its report on February 28, ’99 suggesting five changes. This was not only ignored by the BJP, the Commission report was not even tabled in parliament. Of the five, two points, it says, directly infringe even further on the limited sovereignty of the country, and could even have been amended as per the TRIPs agreement. For example, the report says that Article 27 of the TRIPs entitles the member-states to provide certain exemptions — those have not been included in the new Bill. The Commission states that "the said omission impinges seriously on our national interest." The Commission also states that the Bill has not even taken advantage of provisions available in TRIPs to exclude patentability in certain areas. Such then, is the treachery of the BJP.

The Insurance Regulatory Authority

Opening up this sector has been on the top of the agenda of the powerful foreign financial institutions. This highly lucrative sector gives access to the imperialists of the vast savings of the Indian people. Opening this sector to foreign capital virtually allows people’s savings to be hijacked by the imperialists. The BJP in their manifesto said they opposed the opening out of this sector to foreign capital. The Congress(I) and UF tried, but retracted in the face of opposition. Finally, the BJP has pushed it through, with full support from the Congress(I).

The vast sums involved can well be understood by the fact that the total investible funds of the LIC (Life Insurance Corporation) is almost 8% of India’s GDP. Besides ‘Life’ there are other insurances like ‘General’, health, car, etc etc. Of the total savings in India (which amounted to Rs. 3,33,800 crores in 1996/97) LIC’s share has increased from 10% in 1980/81 to 14% in 1995/96. LIC’s investible funds has increased from Rs. 410 crores ($100 million) in 1956/57 to Rs. 1,05,833 crores ($25 billion) in 1997/98. And profits on investments has increased from 4.5% to 12.3%. It is this huge wealth and large returns that the imperialists are greedy to grab. The recently released US trade reports says the opening out of insurance in India will benefit US industry to the extent of $25 million (Rs. 100 crores) in premium revenue each year.

The opening up of insurance is part of a highly dangerous WTO treaty to liberalise global trade in financial services. This humiliating treaty was signed by the caretaker Gujral government in December 1997 and was to come into force from March 1999. The worldwide banking and financial services market is believed to be worth $22 trillion a year and the US has been resorting to much global arm-twisting to get the agreement signed. Yet, this was signed by only 70 countries. Here too, the then UF government (with the CPI/CPM in tail) in total servility to the US, not only signed this treaty but also a bilateral agreement of liberalisation of financial services that went even beyond that signed by countries like Thailand, Indonesia, Malaysia and Brazil.

Initially the BJP government announced in the last budget that insurance would be opened up to the Indian private sector (without stating foreign participation). Yet it did not say that even foreign companies registered in India are counted as Indian companies. Then in December 1998 it introduced a bill allowing 40% to foreign capital. This was a mere ruse to allow the ‘Swadeshi’ lobby to make some noise and thereby reduce the foreign equity to 26% — which was what the foreign investors had anyway demanded. A 26% stake would give them the power to block any resolution in the board and therefore ability to run an insurance venture in partnership with an ‘Indian’ company. Having accepted 26% in a cabinet meeting on March 16, in end-March it has surreptitously introduced a new clause which will again allow greater foreign equity. Now comes the announcement that investments by multilateral financial institutions like the Asian Development Bank, International Finance Corporation, etc, would be excluded while calculating the foreign equity cap for such ventures under the law.

Such are the devious methods of the BJP. A two-faced monster — swadeshi for the people, videshi for the imperialists.

New Export-Import Policy

The revised EXIM (export-import) policy 1997-2002, introduced by the Commerce ministry on March 31, ’99 was the worst example of the extent to which the BJP government is prepared to go in selling out the country’s interests. The massive opening up of imports goes even beyond the demands of the WTO. And the doles to exporters which were already high last year, have increased phenomenally. This de facto subsidy of hundreds of crores of rupees (the total estimates are hidden and not presented to the public) comes at the time when the government is ruthlessly cutting food, fertiliser and social welfare subsidies. Let us look at imports first.

Each country restricts imports on certain commodities in order to protect its local production. Backward countries particularly need this because of the unequal terms of trade that exists, and due to the aggressive marketing of the TNCs and the dumping of their out-dated technology and goods in third world countries. The WTO has demanded that all countries remove these quantitative restrictions by the year 2003. The BJP swadeshi-screamers have obliged nearly four years in advance. In the present EXIM policy the government removed 75% of the items on the restricted list, leaving barely 667 items. The list of items removed from the list, stretch from vegetables to fruits, to oil-cakes, to chilly-powder etc. What remains now on the restricted list are mostly mundane items, which will most probably be removed in the coming year. This process of liberalising imports was started by the Congress(I) and UF, but has taken a quantum leap with the BJP in power. In the present policy as many as 1,308 products have been removed from the restricted list, of which 894 are for free imports (i.e. OGL- Open General Licence) and 414 in the SIL (Special Import Licence) category.

Such servility is particularly nauseating when one finds that both the US and EU are continuously putting ‘anti-dumping’ duties on goods imported from India. On the very day the EXIM policy was announced the EU imposed ‘anti-dumping’ duties on stainless steel wires from India of a huge 56%. And again in early April the WTO once again ruled against India on the issue of quantitative restrictions.

But this is not all, much worse is to follow. The government spends crores each day, fighting over a barren patch of land on the Siachin Glacier, but has now handed over truly key industrial belts to the imperialists and their agents. The new EXIM policy says that all Export Processing Zones (EPZs) in the country will be converted into Free Trade Zones (FTZs) on July 1, ’99. Modelled along the lines of the export zones of the UAE, these zones will dispense with customs regulations, and, as the Financial Express states (April 1, ’99) "treatment of EPZs as outside the country’s territory, have a major bearing on the EXIM policy." Hegde further announced that the usual labour laws would not apply in the FTZs, and units in these zones will be exempt from payment of even corporation tax for a full ten years. In other words, this is de facto foreign territory, set up within India, to exploit our cheap labour and utilise the infrastructure set up at government cost (i.e. tax payer’s money) with little or no returns to the country.

When we turn to the export side, we find that, in the name of export promotion, huge subsidies and grants have been given. Already, most exports are free from income tax, a large number have no excise duty on them, and in fact many items get huge cash subsidies varying from 10% to 20% on the price-value. At a rough calculation this alone came to a gigantic subsidy of Rs. 20,000 to 25,000 crores on exports of Rs. 1,40,000 crores in 1998/99. The present EXIM policy has now widened the zero-duty scheme for the promotion of capital goods exports; doubled the pre-export credit entitlement from 5% to 10%; a vast list of incentives have been provided for service sector exports; a Rs. 500 crore GRANT is to be provided to the states for strengthening the export infrastructure; an added Rs. 500 crores is to be spent on promoting Indian goods abroad (last year the amount was Rs. 120 crores) — a four-fold increase; to promote exports to Russia, the value addition norm has been reduced from 100% to 33%; Service Export Houses are being set up for ‘star performers’ giving them special facilities; green cards will be given to those exporting 50% of their production entitling them to many added facilities and subsidies; the admissible limit of samples to promote exports has been considerably increased (giving exporters a mechanism to further avoid duties by marketing samples as ‘not for sale’); Export Oriented Units (EOUs) relating to agriculture/horticulture etc. have been allowed to install equipments/inputs in the farmer’s field, outside the EOU,.... and numerous more such concessions. If the total of all these grants, subsidies, incentives, cuts in duties, credit facilities, free trade zones, etc. to exporters are to be calculated it will come to not less than Rs. 5,000 crores. Such is the additional gifts to exporters through the new EXIM policy, by a government desperately seeking to cut food subsidies and social welfare schemes.

All-Round Sell-Out

But the extent of government renegacy does not end here. The story of traitorous betrayal goes on .... and all within a month of the Singh-Talbott’s eighth round of talks !!

To boost the profits of the Telecom sector, dominated by foreign players, the government has introduced a series of changes. Through the TRAI (Telecom Regulatory Authority of India) it has hiked up the telephone rates and rentals; a new telecom policy has done away with state monopoly on long distance (STD) calls; and it has announced a new telecom policy whereby it changes the license fee mechanisms to the advantage of the telecom operators.

TNC companies are set to reap a bonanza according to the Business Standard (29-3-99) with the finance ministry deciding to allow small-scale units located in rural areas and manufacturing branded products to have collaborations with companies that own and market the brand. Output upto Rs. 50 lakhs will be totally free from excise duty while above Rs. 50 lakh will attract excise duty at only 50%. The scheme will be effective from 1st June ’99.

Opening out the country to the mercies of international speculators the government is fast removing restrictions on Derivative trading (i.e. speculation in ‘future’, ‘options’, ‘swaps’, etc) on the Indian Stock Exchanges. Close on the heels of permitting ‘futures’ trading in eight edible oil seeds the government proposes to allow ‘options’ trading in goods. To facilitate the process it plans to amend the Forward Contracts (regulation) Act, 1952. The Calcutta Stock Exchange has already been opened for Derivatives trading ... the other stock exchanges are following suit.

Giving into pressure from the foreign TV channels, of the Rupert Murdoch/Star TV variety, the government has announced two much awaited ‘reforms’. First, it plans to announce soon the right for DTH (Direct-to-Home) TV channels. Second, the government has already decided to further liberalise the uplinking regime for Indian TV companies (that is also "Indian managed foreign TV companies"). From August 1, ’99 they will be allowed to uplink from India directly instead of having to go through VSNL.

Next, bowing to the dictates of the powerful international petroleum industry, the government has announced its intention to deregulate the Indian petroleum sector. In a phased manner, over the next three years it plans to set up three petroleum and gas Regulatory Authorities that will oversee the entire process. Besides deregulation, the cabinet has already put forward an elaborate plan of restructuring the petrol refining industry handing over (indirectly) this sector to control by TNCs. With IBP already in the hands of Caltex, it plans a ‘strategic partnership’ between IBP and BPCL and then merging a large number of smaller units (eg. Cochin Refineries, Madras Refineries etc) into BPCL. Though this has been opposed even by the oil industries themselves, the petroleum ministry is hastily seeking to push it through.

In another act of treachery, the government has allowed Enron to import its huge LNG (gas) requirements on foreign ships and not on ships owned by the Shipping Corporation of India. The NUSI (National Union of Seafarers of India) has opposed this and has threatened to stop loading/unloading operations at the ports.

The government has planned to sell its 50% stake in Maruti Udyog Ltd to the Japanese (Suzuki) at throw-away prices.

The urban and housing ministry announced that it plans to open out the housing sector to 100% foreign equity.

Finally, in a further blow to local industry the government announced that it is working on a scheme on relaxing FDI (foreign direct investment) guidelines which make it mandatory for foreign companies to seek no objection certificates (NOCs) from their existing partners in India, if they want to set up a new venture in the same product category. Under the proposed changes the NOC stipulation will be relaxed for foreign technical partners with Indian companies if such tie-ups are on a non-exchange basis. The stipulation on seeking NOCs from Indian partners will also be relaxed for foreign companies operating in the infrastructure sectors, including power, telecom and roads. In other words the process of TNC’s first joining with Indian collaborators and later kicking them out is being facilitated by the swadeshi government !!

And in spite of all this sell-out, the noise earlier made by the so-called Bombay Club and Associations of Industry and Finance (CII, Assocham, FICCI) have all fallen silent. No longer is there any talk of ‘level-playing fields’, ‘cowboy culture’, ‘protection’ etc. True to their comprador character, they will continue in collaboration with foreign capital as long as possible; later, they will be satisfied as their managers within the country. A golden handshake and a status of manager (from that of past-owner/director) of foreign capital, is enough to get their cooperation and assistance to loot our country. Now, not a word is said when import tariffs are reduced. When the government reduced the import duty on sugar to 5% (compared to 300% in the EU,. 173% in Mexico, 104% in Thailand, 45% in Pakistan) and a flood of imports threatens the lives of millions of sugarcane farmers.... all are silent.

Caretaker Government Continues Sell-out

In a hasty decision, in order to further tighten the imperialist noose around the Indian economy the BJP has appointed two senior-most bureaucrats to the boards of the multilateral institutions. This indicates the close nexus that exists between the top echelons of India’s bureaucracy and the imperialists. The Union Finance Secretary, Vijay Kelkar, is to be the new Executive Director on the board of the IMF. And the powerful ex-Home secretary (at present Union Health Secretary) B.P. Singh, is to be the next Executive Director on the board of the World Bank, representing India and some neighbouring countries. These decisions were taken after a high-level IMF team, of eight Executive Directors, visited this country meeting top officials and senior ministers. Ths same B.P. Singh was the man who took inordinate interest in organising and coordinating police and Home Department officials of the four states against the CPI (ML) [People’s War]. It was also this same man who, after the Ranvir Sena butcheries, allocated a further Rs. 500 crores towards anti-insurgency operations in Bihar ! This chief executioner and imperialist stooge, will now act as direct agent of the US-dominated World Bank to oversee imperialist economic policies within India.

Apart from this important decision, which will have long-term bearings on Indian policy matter, the caretaker BJP coalition government took a number of decisions, continuing its policy of sell-out.

A draft textile policy has been put forward in line with the imperialist-dictated Multi-Fibre Agreement (MFA). Also a plan (as per IMF dictates) has been put forward for closing down 70 of the 119 NTC (National Textile Corporation) loss-making mills that will displace lakhs of workers.

It has decided to export one million tonnes of wheat and 25,000 tonnes of sugar. This is over and above the 30.000 tonnes of sugar already being exported. Surprisingly, the government continued to allow the import of sugar. Instead of allowing the Indian people to consume more wheat, sugar, etc., by allowing prices to drop, the government will maintain the high prices at the behest of the traders, through these exports.

The Finance Minister is rushing through revised norms in the power sector to satisfy some long-standing demands of the World Bank. These included streamlining the sale of power to the State Electricity Boards (SEB) that will force states to raise power tariffs still further, and the progressive privatisation of power distribution.

Finally, it has given the green signal for major take-overs by TNCs of Indian industry. Some of these are : to give away India’s four major airports on long-term lease to the corporate sector resulting in their defacto control by TNCs; allowing Toyota to increase its stake in the joint venture with Kirloskar from 74% to 87%; allowing Enron to expand its area of activities to oil exploration and setting up infrastructure for petroleum products; allowing the US-company Eaton Corporation to set-up a subsidiary for automotive components which will kill a large number of small-scale industries in this sector; etc., etc.

While making a hue and cry about supposed infiltration by Pakistan, the BJP, with tacit concert from all the parliamentary opposition, is quietly selling our country. Pakistan, however aggressive, can never colonise India; while the imperialists are increasing their neo-colonial grip over the life of our country. Who then, is the real and more dangerous enemy ?

Who Will Fight the Traitors ?

If such policies are allowed to continue : not only will the country be totally ruined, not only will the masses be severely impoverished, not only will all employment opportunities dry up, not only will all indigenous industry (except ancillaries of TNCs) be crushed, not only will the peasantry be impoverished further by the domination of agri-business and the anarchy of the market.... but, what even limited sovereignty exists, will disappear. The imperialists in their spiked Hitlerite boots will trample over the people of this country, assisted and abetted by their local collaborators.

If they are to be stopped, the process must begin now, by all freedom-loving and democratic sections uniting into a powerful torrent and fighting these policies tooth and nail. They must give up the illusions about the parliamentary parties who in fact are the major collaborators of the imperialists, putting up no opposition whatsoever. They should organise themselves into a powerful force to hit effective blows at these traitors. The Congress(I) and all the ‘opposition’ have supported the bulk of these BJP policies. Some, like the revisionists, only make the necessary correct noises. All are tainted with the same collaborationist brush. These quislings should be punished for their crimes against the country; their ill-gotten wealth confiscated and publicly flogged. It is only a mass upsurge by the people against the TNCs and their ‘Indian’ collaborators that can reverse these policies and achieve genuine freedom for our country and its people. Free from these leeches, the Indian economy can only then grow and flourish.

 

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