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CALL FOR AID APPLICATIONS 1/2010 UNDER THE "PROMOTING THE

ESTABLISHMENT OF FOREIGN COMPANIES” PROGRAMME OF THE SOCIEDAD


ESTATAL PARA LA PROMOCIÓN Y ATRACCIÓN DE LAS
INVERSIONES EXTERIORES, S.A.

On 25 February 2005, the Council of Ministers approved the “Agreement on the


adoption of Mandates to Implement Measures to Boost Productivity”, which aims to
provide a direct boost to economic productivity. The forty second of these mandates
given to the Ministry of Industry, Tourism and Trade proposes the creation of the
Sociedad Estatal para la Promoción y Atracción de las Inversiones Exteriores, S.A.
(Public Corporation for the Promotion and Attraction of Foreign Investment). The
corporate purpose of this body is the promotion and attraction of foreign investment in
Spain, in addition to providing impetus and coordination for a favourable foreign
investment climate.

The measures referred to in the aforementioned agreement must be developed,


according to the guidelines and objectives stated therein. These measures are
especially devoted to assisting the establishment of companies with a high level of
innovation as a way to attain the competitiveness and productivity objectives set out in
the Council of Ministers' agreement.

In order to attain these objectives, an agreement was signed on 12 May 2008 between
the Directorate General of Community Funds of the Ministry of Economy and Finance
and the Sociedad Estatal para la Promoción y Atracción de las Inversiones Exteriores,
S.A. (hereafter INVEST IN SPAIN) which appoints this body as the Intermediary Body of
the “Multiregional Operational Programme for Research, Development and Innovation
for the Benefit of Companies, Technology Fund” approved on 07 December 2007.

To comply with the duties commended to INVEST IN SPAIN regarding the


implementation of the Technology Fund Operational Programme, aid for investment in
plants, equipment, human resources or technology is made available to companies with
foreign capital in proportion to the investment made in innovation.

This aid may be cofinanced with community funds, within the Technology Fund
Operational Programme of the European Regional Development Fund (ERDF).

At European Union level, this aid is within the framework of Regulation (CE) no.
1998/2006, of the European Commission of 25 December 2006, regarding the
application of articles 87 and 88 of the EC Treaty on de minimis aid, in Regulation (EC)
no. 1083/2006, of the Council, of 11 July 2006, which established general provisions
relating to the European Regional Development Fund, the European Social Fund and the
Cohesion Fund and repealed Regulation (EC) no. 1260/1999, in addition to Regulation
(EC) no. 1828/2006, of the Commission, of 08 December 2006, which established the
implementation norms for the abovementioned Regulation (EC) no. 1083/2006, and
Regulation (EC) no. 1080/2006, of the European Parliament and the Council, relating to
the European Regional Development Fund.

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All of the initiatives referred to in this call form part of the strategic objectives for
research, technological development and innovation within the National Strategic
Reference Framework 2007-2013 of Spain, submitted to the European Commission's
Directorate General for Regional Policy in March 2006.

Therefore, this call for aid applications for projects and activities that promote the
establishment of foreign companies must be approved, with the following content:

One. Purpose

This document announces the availability of aid for projects and activities that promote
the establishment of foreign companies with a high level of innovation and which favour
investment in plants, equipment, human resources or technology, aiming to contribute
to improving the competitiveness and productivity of the Spanish economy, within the
framework of the ERDF Technology Fund Programme.

Two. Aid Characteristics and Restrictions.

1) Aid applications may be made for projects and activities stated in section four of this
call, with the limits of section six.

2) Aid will be granted on a competitive basis using the selection process explained in
section twelve of this call.

3) The aid regulations are part of that stipulated in Regulation (EC) no. 1998/2006, of
the Commission of 25 December 2006, regarding the application of articles 87 and 88
of the EC Treaty on "de minimis aid".

Three. Geographical Limits and Financing.

The activities to be funded must take place on Spanish territory.

The total amount for this call is € 1,250,000. This amount may be increased in an
additional quantity according to the article 58.2 of the RD 887/2006 by which the
Regulation and Law 38/2003 were approved.

Four. Projects and Activities Eligible for Aid.

1) The call includes a diverse set of measures, all aimed at promoting R&D&I in
companies with foreign capital wishing to set up operations in Spain or those already
established in the country who wish to begin R&D&I activities.

The aid categories are as follows:

1.1. Aid for pilot studies aimed at setting up company activities:

For foreign companies intending to establish operations in Spain or those already


having operations in the country and wishing to begin R&D activities using local
resources on an experimental basis.

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1.2. Setting up company activities:

For foreign companies intending to establish operations in Spain or those already


having operations in the country and wishing to begin R&D activities using local
resources on a permanent basis.

Five. Recipients. Forms of Participation.

1) Recipients. The following bodies may receive the Aid contemplated in this call,
notwithstanding the exceptions stipulated in article 1 of Regulation (EC) number
1998/2006 of the Commission:

a) Foreign capital companies, irrespective of their legal status, with current economic
activity and validly constituted on submission of the aid application. For the purposes of
this call, the definition of company includes public and private commercial companies,
public business organisations and individual businesspeople.

b) Economic Interest Groups (EIG) with the participation of at least one foreign capital
company, receiving aid in proportion to foreign capital participation.

c) Groups of companies including at least one foreign capital company receiving aid in
proportion to foreign capital participation.

Companies may form unions or groups without independent legal status, subject to
their regulatory contractual documents, with the presence of a representative body for
the purposes of the aid application. This representative or interlocutor will receive,
distribute, represent and undertake the obligations incumbent on the group in
accordance with this call, in addition to those corresponding to all of the group's
members.

2) For the purposes of this call, a foreign capital company is defined as that which has
its corporate headquarters in Spain and has a minimum of 10% Foreign Direct
Investment in its capital or which, irrespective of the location of its corporate
headquarters, has a subsidiary constituted in Spain.

3) Categories. All projects and activities defined may fall into one of the following
categories:

a) Individual project or activity: project or activity carried out by a single company


among the possible recipients. These projects may also be subcontracts, according to
the terms stipulated in section nine of this call.

b) Project or activity in cooperation: projects with the participation of more than one of
those mentioned as recipients, which may or may not belong to the same type of
subjects, whose relationship must be formalised in a contract or agreement stipulating
the rights and obligations of the participants. These projects may contain subcontracts
in accordance with that stated in article nine of this call.

4) Legal representation must exist in the projects or activities in cooperation submitted.


One of the members will act as representative. The representative must be the aid

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applicant and will be accountable to INVEST IN SPAIN for the implementation of the
project or activity. For this purpose, the representative will coordinate the relationship
with the participants and, if necessary, will provide documentation accrediting
implementation of the project or activity. Payment for the aid awarded will be made to
the representative, who will be responsible for transferring the amounts corresponding
to each participant. And all of the above notwithstanding the rights and obligations
which, derived from the status of recipients, are held by the representative and the
participants, in particular, that having no outstanding tax or social security liabilities.

Six. Eligible Costs and Aid Intensity.

1) The aid contemplated in this call will be allocated to cover costs directly related to
the implementation of the project or activity for which they were awarded.

2) Costs are defined as those paid between the time of aid application and the end of
the accreditation period for the project or activity to be funded.

3) When the amount of the eligible costs exceeds 12,000 euros, the recipient must seek
tenders from at least three different suppliers, prior to contracting the provision of the
service or delivery of the goods, unless due to the special nature of the eligible costs,
there is a shortage of companies that are able to supply or provide the service or goods
in question, or unless the expense was already completed prior to the aid application.

The selection of tenders submitted, which must be included in the accreditation, or,
where appropriate, in the aid application, will be carried out in accordance with the
criteria of efficiency and value for money, and must be clearly justified in a report
should the option representing the greatest value for money not be selected.

4) In the budget submitted by the recipient, aid must apply to the following items, with
allowance made for the intensity of the corresponding aid in accordance with the
Commission Notice on Community Framework on State Aid for Research and
Development and Innovation (2006/C 323/01):

a) Staff costs (researchers, technicians and other auxiliary staff, provided they are
devoted exclusively to the research project).

b) Equipment and materials costs, to the extent which they are used in the project and
for its duration. Should the equipment and materials not reach the end of their useful
life by the end of the project, aid will only apply to the depreciation costs corresponding
to the duration of the project, calculated according to sound accounting practice.

c) Buildings and land costs, to the extent which they are used in the project. In the
case of buildings, only those costs corresponding to the duration of the project,
calculated according to sound accounting practice will be eligible; as for land, those
costs pertaining to costs of sale or capital incurred will be eligible.

d) Costs pertaining to contractual research, technical knowledge and patents acquired


or obtained under licence from external sources at market prices, provided the
operation has been carried out at arms length with no collusion whatever, as well as
costs for consultancy and similar services, devoted exclusively to the research activity.

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e) General supplementary costs directly derived from the research project.

f) Other operating costs, including material, supply and similar product costs, derived
directly from the research activity.

A maximum aid intensity of 80% will be granted to applied research and 60% to
experimental development over the total eligible amount.

5) Under no circumstances will indirect taxes be construed as eligible costs when


subject to recovery or compensation, and neither will personal income taxes.

6) The aid ceiling per beneficiary for this call is 200,000 Euros.

Seven. Time Period for Submission of Applications and Eligibility Period.

The time period for submission of applications for the projects and activities referred to
in section four will be from 7 April until 30 September 2010.

The eligibility period will run from 1 October 2010 until 31 December 2011.

Eight. Requirements and Obligations for Recipients.

1) The recipients must not be in any of the following situations, unless exempted by the
regulations and requirements of the aid:

a) Having been convicted in a final judgement causing loss of the right to obtain public
grants or aid.

b) Having declared bankruptcy, having been declared insolvent in any procedure,


undergoing bankruptcy proceedings, being subject to receivership or having been
incapacitated according to the Bankruptcy Law without the incapacity period established
in the bankruptcy ruling having elapsed.

c) Having caused, and been declared guilty of, a final sentence for the termination of a
contract signed with the Administration.

d) Involvement of the natural person, commercial company managers or those acting


as legal representatives of other legal persons, in any of the circumstances set forth in
Law 5/2006, of 10 April, on conflicts of interests of members of the Government and
Senior Officials, in Law 53/1984, of 26 December, on Incompatibilities of Civil Service
Personnel, or any of the elected positions regulated by Organic Law 5/1985, of 19 June,
on the General Electoral System, in the terms set forth therein or in the regional
legislation that regulates these areas.

e) Having outstanding tax or social security liabilities under current legislation, as


defined according to regulations.

f) Residence for tax purposes in a country or territory defined under regulations as a


tax haven.

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g) Having outstanding reimbursable aid payments in the terms defined under
regulations.

h) Having been convicted in a final judgement causing loss of the right to obtain public
grants in accordance with current legislation.

2) Recipients must fulfil the obligations set forth in the community legislation on ERDF
aid, order EHA/524/2008 of 26 February approving legislation on costs eligible for aid,
ERDF and the Cohesion Fund, other national legislation on application, management
and control of ERDF, in addition to specific instructions which, pursuant to and in
compliance with community legislation, are communicated by INVEST IN SPAIN
regarding implementation, monitoring, payment of aid, information and advertising and
accreditation and monitoring of expenses.

3) Recipients must notify INVEST IN SPAIN, where appropriate, of any other aid,
grants, revenue for the implementation of funded activities, as soon as they become
aware of them, in any event, prior to the accreditation of the use of the funds received.
Furthermore, recipients must communicate the existence of any other aid granted
under de minimis community legislation, in the current fiscal year and in the two
previous fiscal years, depending on when these were granted.

4) Recipients must clearly accept the aid granted. Acceptance by recipients includes the
authorisation to publish the aid granted, the title of the project or activity, a brief
description of its content, the implementation period and the amount of aid awarded on
the INVEST IN SPAIN web site.

Nine. Subcontracting.

1) A recipient is defined as subcontracting when the implementation of the activity to


be funded is either totally or partially arranged with a third party. Costs incurred by the
recipient for the implementation of the funded activity carried out by the recipient are
not included.

2) Where part of the implementation of a project or activity is subcontracted, the cost


of the subcontract may not exceed 50% of the total cost of the project or activity, with
the exception of projects or activities implemented by non-profit organisations and
support activities deemed of general interest by the Programme Monitoring and
Evaluation Commission, in which cases the subcontract may reach 95% of the total cost
of the project or activity.

3) When the subcontract exceeds 20 per cent of the amount of the item eligible for aid,
and this amount exceeds 60,000 euros, a written contract must be drafted between the
parties and must subsequently be submitted to the investigating official prior to
granting the aid. The aid will be deemed granted and the contract authorised by the
body awarding the aid upon reception of the aid award decision by the recipient.

4) No subcontracts may be drafted with persons or companies in any of the following


circumstances:

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- Persons or companies involved in any of the activities prohibited in point eight, section
1) of this call.

- Persons or companies that have received other grants or aid for the implementation of
the activity to be subcontracted.

- Intermediaries or advisers in which payment is defined as a percentage of the total


cost of the operation, unless this payment is accredited with reference to the market
value of the work carried out or the services provided.

- Persons or companies linked to the recipient, except under the following


circumstances:

o Where subcontracting takes place in accordance with normal market conditions.

o Where prior authorisation is obtained from the body awarding the aid.

- Persons or companies applying for aid in the same call and programme, who did not
obtain the aforementioned aid due to lack of fulfilment of the requirements or not
achieving the necessary rating.

Ten. Competent Bodies for Processing and Resolution of the Aid Contemplated
in this Call.

1) The examination and organisation of the aid granting procedure is the responsibility
of the Technology Funds Unit of INVEST IN SPAIN.

2) The Assessment Committee is the body in charge of overseeing compliance with


community and national legislation in the assessment of operations and the monitoring
of their implementation. It consists of the Chief Executive Officer, the Chief Operations
Manager, the Secretary General, the Head of the Administration and Human Resources
Unit, the Head of the Technology Funds Unit and up to three experts from the Public
Sector in the area of foreign investment and community programmes. It will be chaired
by the Chief Executive Officer, who may delegate to the Chief Operations Manager,
acting as secretary to the Head of the Technology Funds Unit. The Assessment
Committee will undertake the technical and economic viability studies of the aid
applications.

3) Resolution of the procedure will be the responsibility of the Chief Executive Officer of
INVEST IN SPAIN or the person to whom he/she delegates this responsibility.

Eleven. Lodging and Submission of Applications.

1) Applications for aid must be filled in according to the form included, for information
only, in Appendix I of this call. This form may be filled in and submitted on the INVEST
IN SPAIN web site (www.investinspain.org). The abovementioned form consists of three
parts: aid application, questionnaire and report, which must be completed using the
electronic support resources available on the abovementioned web site.

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2) Applicants must submit the aid application, questionnaire and report in electronic
format to the following e-mail address: feder@investinspain.org.

3) The questionnaire and report must be attached to the application form in one of the
following formats: «pdf», «rtf», «txt» or «doc» and will under no circumstances exceed
3 mega bytes in size.

4) Valid accreditation of the authority of the application's signatory must accompany


the abovementioned documentation, which must be submitted by any means valid
under the law allowing proof of authenticity, and making reference to the electronic
application number used.

5) Once approval has been given to grant aid applications for multiannual projects or
activities, the individual recipient or the representative of legal person recipients and
other recipients of aid for in cooperation projects do not have to submit applications in
subsequent years for the annuities included in the aid approval for the project or
activity, without prejudice to the obligation to submit the proof of payment referred to
in section sixteen of this call and to comply with the remaining requirements stipulated
in current legislation so that the competent body may recognise the corresponding
obligation.

6) Should the documentation submitted for not meet the requirements as stipulated,
the applicant will be requested to rectify the fault or provide the missing documents
within a period of ten working days from day following the notification date. If the
requested information is not provided within this period, the application will be
considered null and void.

Twelve. Examination and Assessment.

1) The Technology Funds Unit of INVEST IN SPAIN will be the examiner for the process.
The examiner will carry out any actions it deems necessary by right of office to examine
and check the information submitted. This will then be passed on to the Assessment
Committee along with the application itself.

2) Applications will be subjected to a prior process of content evaluation.

3) The prior evaluation reports undertaken by the examiner will be sent to the
Assessment Committee.

4) Aid will be granted to applications scoring the highest number of points, in


accordance with the following selection criteria:

CRITERIA WEIGHTING
a) Increase in resources devoted to R&D&I 20
b) Increase in technological intensity such as patents, 10
licenses, etc.
c ) Assessment of direct, indirect and secondary effects 20
d) Knock on effect for the regional economy 10

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e) Strategic interest in the technology to be developed in 10
Spain
f) Promotion of cooperation agreements between private 10
actors
g) Promotion of public-private cooperation agreements PPP 10
(Public-Private Partnership)
h) Advertising and marketing as tools to support R&D&I 10
Total 100

Applications scoring under 40 points, according to the table above, will be automatically
excluded from the assessment process.

5) Once examination of the applications is complete, they will be passed on to the


Assessment Committee, which will produce an assessment report and proposal for the
Chief Executive Officer of INVEST IN SPAIN, who will decide the final approval or
disapproval of aid applications for projects and activities. The report drafted by the
Assessment Committee must provide due reasons for its conclusions. The decision
making process used to approve the report will be a vote by the simple majority of
Assessment Committee members.

Thirteen. Hearing and Decision.

1) Once the project has been assessed by the Assessment Committee in accordance
with that stated in the previous section, a duly reasoned provisional decision proposal
will be drafted, of which the applicants will be notified, so that, within a period of 10
days, they may put forward whatever arguments they see fit, or express their
acceptance.

The proposal for provisional resolution, as well as the proposed beneficiaries list and the
ineligible project list, may include a list of projects that, despite having met the
requirements and exceeded the minimum threshold established by the assessment
criteria of the call, have not been included due to budget constraints.

In the case that any of the beneficiaries of provisional list renounce their aid, assistance
may be granted to the applicant or applicants next in line in the list of ineligible
projects, not being necessary to publish a new call for aid.

2) Responsibilities of beneficiaries relating to information and publicity measures,


according to article 8 of Regulation (EC) 1828/2006, will be mentioned on the
notification of provisional decision. As well, the interested parties will be requested,
where appropriate, to provide the following documentation:

a) Form attesting acceptance of the aid offered.

b) In the case of projects or activities in cooperation, the contract or agreement


stipulating the rights and obligations of all those participating.

c) The contract between the parties, in the case of subcontracts exceeding 20% of the
amount eligible for aid and with a total value of over €60,000.

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d) Valid accreditation of the authority of the application's signatory, should this not
have been provided previously.

e) Any further documentation requested in provisional decision proposal.

If the interested parties submit their arguments, once these have been studied, a final
decision proposal will be drafted by the Assessment Committee, and will subsequently
by communicated to the proposed aid recipients so that, within a period of 10 days,
they may convey their acceptance or renunciation of the proposal. Acceptance will be
understood as having been given if there is no reply from the interested party after a
period of 10 days.

The final decision will be made by the Chief Executive Officer of INVEST IN SPAIN, in
accordance with the proposal drafted by the Assessment Committee. Should the final
decision be different from that made by the Assessment Committee, the decision must
provide due reasons for its conclusions.

Interested parties wishing to dispute the final decision of the procedure may present
their case before the relevant civil legal authority

Fourteen. Compatibility with Other Aid.

Applicants must declare any aid applied for or received in relation to the activities or
projects in question, both at the time of submitting proposals or whenever this situation
arises, and must accept possible reductions applied as a result. In any event, the
reception of the aid referred to in this call is not compatible with aid provided by
Community Funds for the same activities, if these are already cofinanced by the
abovementioned funds.

Fifteen. Changes to Procedures for Implementing the Activity.

1) Funded activities must be implemented in the timescale and manner approved, as


stipulated in the decisions granting the aid. Any change to the project will require
compliance with all of the following criteria:

a) The change must not affect the objectives pursued by the call for aid applications, its
basic aspects, the recipient's identity, nor the geographic location in which the project
is to be implemented.

b) The change must be expressly accepted by INVEST IN SPAIN, in the terms


mentioned above.

2) Extensions to the completion period may be requested, in justified cases presented


in a reasoned petition drafted by the recipient's legal representative. Approval for
extensions must be given expressly by INVEST IN SPAIN, and the interested party must
be notified before the initial completion period has elapsed.

Sixteen. Accreditation of Project or Activity Implementation and Payment of


Aid.

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1) Accreditation of aid use will be undertaken in accordance with that stipulated in the
European Union Structural Funds standards.

2) Applicants must have separate accounts or account code for managing the aid.

3) Expenses allowed for in the project or activity eligible for aid must be carried out
during the years for which the aid is granted. However, proof of these costs may be
provided up to the end of the presentation period for the corresponding report,
provided that the proof of payment includes the date of purchase, within the stipulated
period. Proof of payment will also be subject to the abovementioned time limit.

4) The recipient must submit documentation and technical and financial monitoring
reports that prove the implementation of the project or activity eligible for aid. The
documentation must be submitted in accordance with the monitoring milestones
approved in the decision, and, in addition, on completion of the project of activity. The
content of the accreditation will be as follows:

a) A technical report accrediting compliance with the conditions imposed in the aid
award decision, including a list of activities undertaken and results obtained, which
must contain the following:

I. Identification of recipient.

II. Introduction to activity content.

III. Territorial location of the activity.

IV. Methodology or tools used.

V. Activities undertaken.

VI. Quantification and assessment of results.

VII. Changes made, if applicable, and justification.

VIII. Conclusions.

b) A financial report accrediting the cost of the activities carried out, which must
contain the following:

I. Summary sheet showing the approved budget for the activity in comparison with
actual costs, categorised by annuities and the costs appearing in the aid award
decision.

II. Numbered list of expenses and investments for the activity including all relevant
proof of payment and quantities paid using the full amount (invoices, proof of payment
and any other documentation verifying the specific application of the funds awarded)
including the identification of the creditor and the document, the total amount and the

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sum applied to the project or activity, issue date and payment date, with reference to
possible deviations from the approved budget and their causes.

III. Report on compliance with contracts and agreements, etc., signed with
subcontractors and, specially, with the Public Research Centres.

IV. A list of other revenues or aid that have funded the activity indicating the amount
and source.

V. The three estimates which, pursuant to article 31.3 of the General Grants Law, the
recipient should have requested, if not already submitted.

VI. Certificates verifying up to date status with tax and social security payments, in
accordance with that established in article 14.1 e) of Law 38/2003, of 17 November, on
General Grants.

VII. Company certification, signed by a person with appropriate authority, of costs


pertaining to internal staff working on the project (including list of individuals,
occupational category, time devoted and cost/hour), with attached authenticated copy
of payrolls and TC1 and TC2 documents (only the sheet corresponding to the person or
persons involved in the project) for the first and last month of participation on the
project.

VIII. In the case of highly qualified staff, certificate of employment history issued by
the social security for the staff hired along with the documentation described in the
previous paragraph.

IX. In case of acquisition of buildings and land, a copy of the self-assessment for the
tax on capital transfers and documented legal acts or, failing that, certification from the
Office that calculates transfer tax.

X. Any further documents considered necessary by the examiner for the adequate
justification for the cost of the activities carried out.

5) The monitoring reports must be submitted within the dates and periods stated in the
aid award decisions.

6) As a general rule, provided the decisions granting the aid do not mention different
date, the abovementioned documentation may be submitted from 1 January until 31
March of the year immediately following the activity, and must be submitted to the
examiner.

7) Once the abovementioned documentation has been submitted, technical-financial


and physical checks will be undertaken. These checks will take place in accordance with
the Public Sector Audit Standards approved by the State Audit Office, for which any
supporting documents deemed necessary as providing reasonable proof of appropriate
use of the aid will be requested.

8) Should the checks reveal that the funded investment was lower than the amount
approved or that the purposes for which the aid was granted were not complied with,

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whether totally or partially, the interested party will receive notification to this effect
along with the results of the check carried out, causing a reduction of the aid granted
according to the investments as accredited or the total withdrawal of the aid should the
reduction of investment be deemed to be a cause for non-compliance with the purposes
for which the aid was granted.

The grading criteria for possible non-compliance are listed in section nineteen.

9) After the technical-financial check, the examiner will issue certification accrediting
compliance with the purposes for which the aid was granted. This certification will be
required for the aid payment process to begin.

10) Payment of the aid will always be made after the project or activities have been
carried out, and after the certification accrediting compliance with the purposes for
which the aid was granted has been issued. Payment will not be made prior to
accreditation that the recipient has no outstanding tax and social security payments and
is not in debt due to a repayment ruling.

But, if requested by the interested party, payment may be made prior to the
justification of the activities implemented, provided that the advance payment is made
in the same year as originally planned. In these cases, the recipient must provide a
guarantee in favour of INVEST IN SPAIN, via submission of an endorsement from a
financial institution or mutual security scheme, or via the establishment of a security in
the General Deposits Fund within one of the categories contemplated in the regulations
of the abovementioned Fund in accordance with the stipulations set out in its
regulations. The security will be given for the amount of the advance partial payment
requested.

The security will be released once accreditation of the activities corresponding to the
advance partial payment has taken place.

Seventeen. Verification and Auditing.

1) The aid recipient will be obliged to provide verification of the correct implementation
of the project or activity for which the aid was granted. In addition, the recipient will be
subjected to checks by INVEST IN SPAIN, as well as financial control carried out by the
State Audit Office and an audit performed by the State Audit Court according to that
stipulated in the legislation relating to aid cofinanced by the ERDF.

2) For the purposes of monitoring and auditing of the funded activities, recipients must
have accounting books, registers subjected to due process and other documents in the
terms stated in the relevant legislation applicable to eh recipient, in addition to invoices
or documents of equivalent probatory value and the corresponding proof of payment.
The abovementioned documentation constitutes supporting evidence for the aid
granted, and guarantees proper reflection of the aid in the recipient's accounts.

3) The recipient must keep documentation accrediting the accreditation of expenses for
the project or activity for the period set out in the community legislation governing
Structural Funds, art. 90 of Council regulation 1083/2006.

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Eighteen. Non-compliance, Repayment and Penalties.

Non-compliance with the requirements set forth in this call and other relevant
legislation, as well as the conditions which, where applicable, have been established in
the corresponding aid award decision, will result in the obligation to return the aid in
question received, by means of the appropriate repayment procedure, in accordance
with that stipulated in the relevant legislation.

Nineteen. Grading Criteria for Non-compliance.

1) In case of non-compliance with the conditions imposed by the aid award, the amount
to be deducted from the aid granted will be calculated according to the following
criteria:

a) Non-compliance with the purposes for which the aid was awarded or failure to carry
out the funded investment or accreditation obligation, will be cause for full repayment
of the aid awarded.

b) Where the recipient's compliance significantly resembles full compliance and where
the recipient's actions unambiguously tend towards the fulfilment of the their
commitments and the grant award conditions, the amount to be deducted from the aid
awarded will be determined exclusively using the amount corresponding to the
unaccredited sum.

2) Should there be a delay in the submission of documents supporting the funded


investment, the amount deducted will be determined by the following guidelines:

a) Delays of two or three months in the submission of documents supporting the funded
investment will result in a 100 per cent deduction of the aid awarded.

b) Delays in the submission of documents supporting the funded investment of more


than one month and less than two months, will result in a 50 per cent reduction of the
accredited aid.

c) Delays in the submission of documents supporting the funded investment of less


than one month will result in a 25 per cent reduction of the accredited aid.

3) Unauthorised changes to the fundable budget, will result in the reduction of the
amount diverted.

Twenty. Relevant Legislation and Claims Procedure

The regulations set forth in this call and in the applicable community regulations will be
governed by that stipulated in Law 38/2003, of 17 November, on General Grants, by
way of supplement and with the necessary modifications deriving from the legal status
of INVEST IN SPAIN.

The interested parties may file against the decisions adopted in the aid award
procedures contained in this call, addressing the relevant civil legal bodies.

Call for Aid Applications 1/2010 under the "Promoting the Establishment of Foreign Companies” Programme
14/15
Twenty One. Entry into Force.

This call will come into effect the day after publication on the INVEST IN SPAIN web
site.

Madrid, 6 April 2010

JAVIER SANZ MUÑOZ

CHIEF EXECUTIVE OFFICER OF INVEST IN SPAIN

Call for Aid Applications 1/2010 under the "Promoting the Establishment of Foreign Companies” Programme
15/15

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