docu qxd 3 15 2007 7 16 PM Page 2, Summary of Obstacles Implications Solutions presented by the Codes and Relevant Statements. Historical BEE Implications Solution presented by the Codes of Applicable COGP. Implementation Good P Practice Statements, Lack of uniform Created confusion as the same BEE Standardisation of BEE recognition and Primary Statement 000. framework for the initiatives or transactions may have measurement principles to provide Secondary Codes of Good. recognition and received different BEE recognition by clarity Practice in general. measurement of BEE different organs of state business. entities and verification agencies, Extensive delays in BEE Sectors were often locked in Standardisation of BEE recognition and Primary Statement 000. implementation due to contentious debates around certain measurement principles to provide Secondary Codes of Good. differences in aspects of BEE thereby delaying the clarity Practice in general. interpretation implementation of broad based BEE,initiatives. Disparity in definitions Different charters introduced Specification of the requirements for the Primary Statement 000. and targets in charters definitions targets and processes development and recognition of industry Secondary Codes of Good. and other BEE which may have diluted or negated the charters reducing disparity in principles Practice in general. requirements impact of the Strategy and and definitions as a result of industry. circumvented the principles of the BEE charters, Status of transformation Confusion and delays in BEE Specification of the requirements for the Primary Statement 003. charters was unclear implementation resulted since development and recognition of industry. companies were uncertain as to the charters,status and application of charters. Lack of underlying Many BEE transactions boasted high Provision of a balanced ownership Primary Statement 100. economic substance to percentage levels of legal black scorecard which measures voting rights. many BEE transactions ownership but often the actual and net economic interest in the hands. economic benefits accruing to black of black people. shareholders proved to be significantly, Fronting due to lack of Lack of understanding of BEE and its Provision of definitions principles and Primary Statement 100. implementation elements often resulted in fronting and processes to implement proper BBBEE Secondary The Codes of. guidelines meant that fronting was more difficult initiatives Good Practice in General. Very little Despite various attempts at The codes encourage focus to be given Primary Statement 200. transformation within transformation within entities there is for black representation at junior 300. management levels still a lack of sufficient representation middle senior and top management. of black people within management levels within organisations. Uncertainty as to what Skills spend may not necessarily have Alignment of skills development spend Primary Statement 400. type of skills been aligned to a particular learning on black employees to the learning. development initiatives outcome programme matrix as issued under the. could be counted Skills Development Act to ensure clear. towards skills and quantifiable outcomes,development spend. Narrow based Only a limited number of black people The Codes promote broad based BEE Primary Statement 500. recognition tended to have tended to benefit from black which by encouraging that procurement. benefit a limited economic empowerment to date opportunities be made available to B. number of black people BBEE compliant suppliers Black owned. with access to capital and black women owned entities small. and micro enterprises,docu qxd 3 15 2007 7 17 PM Page 3. Historical BEE Implications Solution presented by the Codes of Applicable COGP. Implementation Good Practice Statements, Lack of awareness of Unlike corporate social investment Code 600 outlines the principle of Primary Statement 600. enterprise development enterprise development is a fairly new enterprise development as well as. in and of itself as well concept and fairly specific to broad supplying numerous examples of what. as a lack of awareness based BEE For this reason the lack of kinds of initiatives constitute enterprise. of what constitutes documentation with examples of what development. enterprise development constitutes enterprise development has. made enterprise development one of,the least implemented elements on the. Corporate social The black majority remain largely Code 700 whilst acknowledging that Primary Statement 700. investment initiatives outside of the mainstream economy certain social objectives may not. were not necessarily necessarily facilitate access to the. linked to the objective mainstream economy nevertheless. of brining their encourages the implementation of, beneficiaries into the initiatives which are socio economic in. mainstream economy nature and which are linked to the. concept of assisting black people to be,better equipped to access the. mainstream economy, BEE was seen as an Small businesses tended to ignore BEE Exemption of all entities with an annual Primary Code series 800. obstacle to small or resort to fronting techniques to turnover of less than R 5 million. business development maintain clients for business purposes. due to an increase in The inclusion of comprehensive. the regulatory burden statements for the measurement of. broad based BEE amongst Qualifying,Small Enterprises QSE s based on a. flexible approach where QSE s are only,measured against 4 of the 7 elements of. their choice QSEs are those entities with,a turnover level of between R5million. and R35million per annum,docu qxd 3 15 2007 7 18 PM Page 4. History Legal Framework, When the shortcomings of narrow based black economic empowerment2 BEE became. apparent towards the end of the nineteen nineties a need emerged for a more inclusive. approach to empowerment which would begin to narrow the divide between the first and. second economies by putting mechanisms in place to accelerate the entry of black people into. the first economy This approach became known as broad based black economic. empowerment B BBEE, Subsequently a document titled A Strategy for Broad Based Black Economic Empowerment was. released in 2003 This document not only defined broad based BEE and the transformation. imperative but outlined the first broad based scorecard comprising the seven elements of. broad based BEE The seven elements and their respective weightings out of 100 are depicted. below as per the Generic Scorecard contained in the Codes. ELEMENT POINTS,Ownership 20,Management Control 10,Employment Equity 15. Skills Development 15,Preferential Procurement 20,Enterprise Development 15. Socio Economic Development 5,TOTAL 100 POINTS, The Strategy was followed by the Broad Based BEE Act No 53 of 2003 BEE Act which was. promulgated in January of 2004 In section 10 the Act outlines government s leverages for the. implementation of broad based BEE meaning that organs of state and public entities must. take an entity s BEE status into account when, x determining qualification criteria for the granting of licences and concessions. x developing and implementing a preferential procurement policy. x determining qualification criteria for the sale of state owned enterprises. x developing criteria for entering into partnerships with the private sector. Black economic empowerment by means of the elements of ownership and management exclusively. docu qxd 3 15 2007 7 18 PM Page 5, The BEE Act abbreviated in the Codes and defined as the Act is an enabling legislative. framework which allows for the development of the Codes. Co of Good Practice The Codes, provide a standard framework for the measurement of broad based BEE across all sectors of. the economy This means that no industry will be disadvantaged over another when presenting. their BEE credentials Statement 003 which provides guidelines for the alignment of. transformation charters to be gazetted as Codes of Good Practice will ensure that even when. different gazetted charters are applied to different entities presenting their BEE credentials. neither of the entities will be unfairly disadvantaged over the other because of the application. of a more stringent industry charter The intention of the Codes of Good Practice is therefore to. level the playing field for all entities operating within the South African economy by providing. clear and comprehensive criteria for the measurement of broad based BEE. docu qxd 3 15 2007 7 19 PM Page 6, The table below reproduced from Statement 000 provides a detailed guide to the. organisation and content of the Codes,CODE STATEMENT. Statement 000, Code 000 The General Principles and the Generic Scorecard. Framework for the Measurement of B BBEE, Carries general principles and Generic Scorecard Statement 001. The Qualifying Small Enterprise QSE Scorecard and,Exempted Small Micro Enterprises. Statement 003,Guidelines for the Development and Gazetting of. Transformation Charters and Sector Codes,Statement 004. Recognition for the sale of assets,Code 100 Statement 100. Measurement of the Ownership Element of B BBEE The General Principles for Measuring Ownership. Measures the effective ownership of enterprises by black. people Statement 102, The Recognition of Qualifying Ownership Transactions. Statement 103, The Recognition of Equity Equivalents for Multinationals. Code 200 Statement 200, Measurement of the Management Control Element of B BBEE The General Principles for Measuring Management Control. Measures effective control of enterprise by black people. Code 300 Statement 300, Measurement of the Employment Equity Element of B BBEE The General Principles for Measuring Employment Equity. Measures initiatives intended to achieve equality in the. Code 400 Statement 400, Measurement of the Skills Development Element of B BBEE The General Principles for Measuring Skills Development. Measures extent to which employers carry out initiatives. designed to develop the competencies of black people. Code 500 Statement 500, Measurement of the Preferential Procurement Element of B The General Principles for Measuring Preferential. BBEE Procurement, Measures the extent to which enterprises buy good and. services from BEE compliant suppliers,Code 600 Statement 600. Measurement of the Enterprise Development Element of B The General Principles for Measuring Enterprise Development. BBEE Measures the extent to which enterprises carry out. initiatives aimed at contributing to socio economic and. enterprise development,Code 700 Statement 700, Measurement of the Socio Economic Development Element of The General Principles for Measuring Socio Economic. B BBEE Measures the extent to which enterprises carry out Development SED. initiatives aimed at contributing to socio economic. development and promoting access to the economy for black. Code 800 Statement 800 to 807, Qualifying Small Enterprises General principles for QSEs in all the elements of the. Code 900 To be gazetted as a code once aligned with the generic codes. Public Private Partnership Code, Further statements not presently included in the Codes may be issued from time to time In. such cases these statements will be included under the relevant Code series. docu qxd 3 15 2007 7 20 PM Page 7,What about SMME s. A much needed solution to the challenge of BEE and small enterprises has been presented in. the form of the Qualifying Small Enterprise QSE scorecard and its corresponding statements. In addition all entities with a turnover of less than R 5 million per annum are granted a. deemed BEE Status as Level Four Contributors In the case where such entities are also more. than 50 owned by black people or black women their status is elevated to that of Level Three. Contributors,QUALIFYING SMALL ENTERPRISES QSE s, Qualifying Small Enterprises QSE s are defined by the Codes as companies with an annual. total turnover of between R 5 million and R35 million. Government has singled out small enterprises as vital in the fight for job creation and. economic growth According to the Small Enterprise Development Agency SEDA small. enterprises already contribute approximately 35 of the country s gross domestic product. GDP and employ over half the number of people who work in the private sector Also one. out of five units exported from South Afric is said to have been produced in the small and. medium business sector, Aiming to ease the regulatory burden on small enterprises many of which are already. struggling under financial and capacity constraints the Codes require QSE s to comply with. ONLY four out of seven elements on the QSE scorecard And while every company qualifying. for measurement under the Codes must maintain a scorecard the codes have further eased. the BEE compliance burden by setting lower targets for these companies. Unlike the Generic Scorecard the QSE Scorecard allocates an equal 25 weighting to each of. the seven elements or pillars of B BBEE As QSE s only have to elect four of the elements. selected elements of compliance total 100,Exempted Small Micro Enterprises. Exempted Small Micro Enterprises ESME s are defined by the Codes as companies with an. annual total turnover of R 5 million or less ESME s enjoy a deemed BEE recognition of a Level. 4 contributor and those which are either 50 owned by black people or 50 owned by black. women are promoted to a Level 3 contributor,docu qxd 3 15 2007 7 20 PM Page 8. Note Start up enterprises are measurable as EME s for the first year following their formation. or incorporation This provision applies regardless of the expected total revenue of the start up. enterprise However in instances where such start up enterprises tender for any contract with a. value higher than R5million but less than R35million they have to comply with the QSE. scorecard In instances where such start up entities tender for contracts with a value above. R35million they have to comply with the generic scorecard. Who do the Codes apply to, The Codes of Good Practice on B BBEE were gazetted on the 9th of February 2007 making. them binding on all organs of state and public entities This means that as per section 10 of. the BEE Act government must apply the Codes when entering into decisions affecting the. following areas,x procurement,x licensing and concessions. x public private partnerships PPP s,x the sale of state owned entities. Implementation Levels for the Application of the Codes. Government and State Organs,Procurement,Procurement. First Tier Economic Beneficiaries Economic,Part icipant s. Procurement,Monitoring,Other Economic Participants. docu qxd 3 15 2007 7 21 PM Page 9, By deduction private sector enterprises must apply the Codes should they wish to interact with. organs of state and public entities in one or more of the interactions described above such as. tendering for business applying for licenses and concessions entering into PPP s and. purchasing state owned assets, Furthermore private sector enterprises are encouraged to apply the Codes of Good Practice in. their interactions with one another for two reasons Firstly enterprises should apply the Codes. because preferential procurement will effectively impinge on most private sector enterprises. throughout the chain of supply from the first tier suppliers to government downwards. Secondly all industry charters wishing to be gazetted as Sector Codes are required to align. themselves with the Codes for the purposes of gazetting by the Minister of Trade and Industry. Therefore those enterprises applying industry charters which have not yet been gazetted may. be required to alter their means of measurement once these charters have been gazetted. How will the Codes be applied, Based on the implementation levers highlighted above the Codes of Good Practice are. important for decision makers when making and reporting on economic decisions The. following example will demonstrate how the Codes are implemented by such decision makers. x reporting on BEE spend and initiatives,x making economic decisions based on BEE criteria. x selecting and implementing BEE initiatives, As a result the Codes of Good Practice are important to the management of enterprises. interacting with both public and private sector entities that make their decisions based on the. docu qxd 3 15 2007 7 22 PM Page 10,Decision Makers. BEE Reporting,Financial Directors,Financial Directors. Procurement Officers,Procurement Officers,Tender Committees. Government External Stakeholders,Other Relevant Decision Makers. BEE reporting based on BEE,status of measured enterprises. determines the success of the,decision makers in implementing. Decision makers use The BEE status based, the Codes to select Codes of Good Practice on the Codes of a. suppliers or measured enterprise,successful tender impacts on the reporting. applicants of decision makers,Measured Enterprises improve their BEE. status using the Codes through the,implementation of BEE initiatives. Measured Enterprise,Management,Other Stakeholders, Standardisation of BEE requirements allows for proactive implementation of BEE initiatives in compliance with the. Codes to ensure that a measured enterprise is attractive to decision makers as a potential supplier or beneficiary. Applying the Codes of Good Practice to an enterprise simply means that an enterprise will be. measured in accordance with a broad based scorecard Generic or Qualifying Small. Enterprise whichever is applicable contained in the Codes In other words the measured. enterprise s BEE status will be measured according to the targets and weightings contained in. the applicable broad based scorecard as well as the measurement principles contained in. each of the corresponding Statements A measured enterprise will receive a score out of 100. which will confer upon it a corresponding BEE status according to its BEE contributions. Example Application of the Codes by a Decision Maker. The procurement officer of a public sector entity is considering a tender Assuming that pricing. quality and other factors are similar across the three potential suppliers the final decision will. be based on BEE credentials, The BEE scorecards of three competing enterprises are as follows. x Company X with a BEE status in terms of the Generic Scorecard as contained in. Statement 000 of 55, x Company Y with a BEE status in terms of the Generic Scorecard as contained in. Statement 000 of 78,docu qxd 3 15 2007 7 22 PM Page 11. x Company Z a QSE black majority owned enterprise with a BEE status in terms of the. Generic Scorecard as contained in Statement 800 is 55. The table below depicts the enterprise s weighted score per element i e the score achieved. after multiplying each indicator s raw score by the corresponding indicator weighting and. summing the results for each element,ELEMENT WEIGHTING COMPANY X COMPANY Y COMPANY Z. WEIGHTED WEIGHTED WEIGHTED,SCORE SCORE SCORE,Ownership 20 12 18 20. Management 10 5 9 10,Employment Equity 15 7 8 15,Skills Development 15 12 15 N A. Preferential 20 11 12 10,Procurement,Enterprise 15 7 12 N A. Development ED,Socio economic 5 1 4 N A,Development SED. TOTAL 100 55 78 55, Assuming the Procurement Officer awarding this tender is working towards the achievement of. a set preferential procurement target s he will have to identify the BEE recognition levels of the. three suppliers when making this economic decision The following table as contained in. Statement 000 provides specific BEE procurement recognition levels for the procurement. The BEE scores of the three enterprises in this example mean that each enterprise enjoys a. corresponding BEE procurement recognition level as illustrated in the table below. docu qxd 3 15 2007 7 23 PM Page 12,BEE Status Qualification BEE procurement. recognition level, Level One Contributor 100 points on the Generic Scorecard 135. Level Two Contributor 85 but 100 points on the Generic 125. Level Three Contributor 75 but 85 on the Generic Scorecard 110. Level Four Contributor 65 but 75 on the Generic Scorecard 100. Level Five Contributor 55 but 65 on the Generic Scorecard 80. Level Six Contributor 45 but 55 on the Generic Scorecard 60. Level Seven Contributor 40 but 45 on the Generic Scorecard 50. Level Eight Contributor 30 but 40 on the Generic Scorecard 10. Non Compliant Contributor 30 on the Generic Scorecard 0. BEE Procurement Recognition Company X, As a Level Five Contributor if the procurement officer selects company X s he will recognise. only 80c for every R1 spent with Company X In other words if the officer spends R1 million. with Company X in the year under measurement his her department will recognise R800. thousand of that spend when reporting on preferential procurement. BEE Procurement Recognition Levels Company Y, In comparison Company Y is a Level Three Contributor Statement 000 provides for enhanced. BEE procurement recognition levels when procuring from enterprises which are Level One. Two or Three Contributors as per the Generic Scorecard This means that Company Y will. enjoy enhanced procurement recognition i e for every R1 spent with Company Y by its clients. the procurer may recognise R1 10 In other words if the officer spends R1 million with. Company Y in the year under measurement his her department will recognise R1 1 million. when reporting on preferential procurement, Enhanced BEE Procurement Recognition Levels Company Z. In addition an inherent bonus system has been provided for in Statement 000 for procurement. from exempted small and micro enterprises EMEs which are more than 50 black owned or. majority black owned enterprises or 50 black women owned in that such enterprises may be. promoted one level in terms of their BEE status provided that the enterprise has also achieved. the full points under the current equity interest component of the Generic Scorecard As a. result although Company Z scores 55 points on the Generic Scorecard the same as. Company X it is promoted from a Level Five Contributor to a Level Four Contributor This. means that the procurement officer will be able to claim R 1 for every R 1 spent with Company. Z instead of only 80c for every Rand as is the case with Level Five Contributors In other. docu qxd 3 15 2007 7 24 PM Page 13, words if the officer spends R1 million with Company Z in the year under measurement his her. department will recognise R1 million when reporting on preferential procurement. Resulting Economic Behaviour, The selection of Company Y the Level Three Contributor will ensure that the procurement. officer receives the most recognition for his her spend through this tender It will also incentivise. Company X and Company Z to implement further BEE initiatives to ensure that they will be. more competitive in future tenders, Comparative Reporting Effects of BEE Procurement Spend. Assuming that the procurement officer in the above example spends R 1 million on goods. and or services from Company X Company Y and Company Z respectively as well as R 5. million from another company Company A non BEE compliant entity the officer s BEE. reporting will be as follows,Level Recognition, Supplier BEE Score Contribution Level Total Spend BEE Spend. X 55 Level 5 80 1 000 000 800 000,Y 78 Level 3 110 1 000 000 1 100 000. Company Level 4,Z 55 Promoted 100 1 000 000 1 000 000. A 15 Non Compliant 0 5 000 000 0,Total 8 000 000 2 900 000. The BEE procurement percentage for the procurement officer will be calculated as follows. BEE spend total procurement spend,2 900 000 8 000 000 36 3. The procurement officer receives full and enhanced recognition for procurement from. Company Y and Company Z whilst s he receives 80 recognition for his her spend with. Company X and no recognition whatsoever for his spend with Company A In order to improve. docu qxd 3 15 2007 7 24 PM Page 14, his her spend to reach target s he will prefer to procure from Company Y and Company Z. and similar BEE contributors and may reduce his spend with Company A and Company X over. time unless they transform This behaviour will then encourage companies to maintain and. improve on their BEE status to become more competitive. Conclusion, The overall purpose of the Codes of Good Practice is to provide certainty with respect to BEE. recognition and measurement in order that BEE initiatives may be implemented in such a way. that economic substance takes precedence over form that there exists just comparability. between the BEE statuses of different entities and that competition with respect to BEE. contribution levels takes place In so doing this will begin to ensure that BEE is implemented. across the value chain thereby facilitating access to the economy. docu qxd 3 15 2007 7 25 PM Page 15,THE GENERIC SCORECARD. Element Category Indicator Weighting Interim Compliance. points Target Target,Years 0 5 Years 6 10,Voting Rights Exercisable Voting Rights in the. OWNERSHIP Enterprise in the hands of black 3 25 1 vote. Code 100 Exercisable Voting Rights in the,Statements Enterprise in the hands of black 2 10. 102 Economic Interest of black,103 people in the Enterprise 4 25. Economic Interest of black,Economic women in the Enterprise 2 10. Interest Economic Interest of the,following black natural people 1 2 5. in the Enterprise,black designated groups black,participants in Employee. Ownership Schemes black,beneficiaries of Public or. General Benefit Schemes or,black Participants in Co. operatives,Realisation Ownership fulfillment No Restrictions. Current Equity Interest,Total Points 20 7 25,Achieved accordingly. 10 of the Target Year 1,20 of the Target Year 2,40 of the Target Year 3 4. 60 of the Target Year 5 6,80 of the Target Year 7 8. 100 of the Target Year 9 10,Bonus Points Involvement in the ownership. of the Enterprise of black new 2 10,Involvement in the ownership. of the Enterprise of 1 10,black participants in Employee. Ownership Schemes,black beneficiaries of Public or. General Benefit Schemes or,black participants in Co. operatives,Board Exercisable Voting Rights of, MANAGEMENT Participation black board members who are 3 50. CONTROL black,Black Executive Directors 2 50,Code 200 Top Black Senior Top Management 3 40. Statements Management Black Other Top Management 2 40. Bonus Points Black Independent Non,Executive Board Members 1 40.
dalam output paper/makalah (10-15 halaman, format 1,5 spasi), diserahkan kepada dosen satu minggu setelah tampil presentasi. Kelompok yang bertugas mempresentasikan bahan dan materinya, lalu memberi kesempatan kepada mahasiswa untuk menanggapi, bertanya, mengulas serta ikut menambahkan jawaban dan pendapat yang berkembang selama diskusi.
Method CS-PF Continuous portal frame Walls on either or both sides of openings in garage may have wall segment with a maximum 6:1 height-to-length ratio. Garage Openin g H/6 10' max (12' max with pony wall) Fully sheathed dwelling R602.10.6.4 Garage Opening No hold-downs required OK on raised floor Top of header at 10' max
Example: Portal frame - eaves moment connection This example presents a method for calculating the moment resistance and the shear resistance of an eaves moment connection, as well as the design of welds. For the calculation of the moment resistance a simplified conservative method is used, which makes possible to avoid the calculation of bolt row groups. The connection is a Category A ...
Human and animal spongiform encephalopathies and safety of biologicals 13 Gene transfer medical products 14 Proposals for discontinuation of international requirements and guidelines 14 International reference materials 15 Proposal for discontinuation of reference materials 15 Recommendations for the preparation, characterization and
safety and feasibility for adoptive transfer of T cells gene-modified to express such CARs, we initiated a pilot clinical trial using autologous T cells expressing an anti-CD19 CAR including both CD3-z and the 4-1BB costimulatory domain (CART19 cells) to target CD19+ malig-nancies. To date, we have treated three patients under this protocol.
Konteks Keluarga dan Hubungannya dengan Penglibatan Ibu Bapa dalam Pendidikan Anak-anak di Sekolah Menengah 37 ibu bapa dari sudut pandangan ibu bapa dan guru. Tumpuan tidak cuba diberikan kepada pandangan anak-anak terhadap penglibatan ibu bapa dalam pendidikan ketika di sekolah menengah. Kajian ini akan memberikan tumpuan kepada penilaian anak-anak terhadap penglibatan ibu bapa mereka ketika ...
James Chen, CTA, CMT, is a highly-experienced trader, analyst, and author, and is currently Director of Technical Research and Education at FXDD, a global leader in foreign exchange trading. He is also a Chartered Market Technician and a registered Commodity Trading Advisor. Chen is the author