Introduction to FCRA

From time to time there is a furor over receipt of donations from abroad. In December 2013 the Supreme Court gave the Central Bureau of Investigation a further period of eight weeks to report on the actual of NGO’s in the country.

Does the Government know the total amount of money received under the Foreign Contribution Regulation Act (FCRA)? How does GOI ensure that recipient organizations are working in national interest?

Using the 2010-11 FCRA report this article seeks to provoke thought by sharing data of donor countries, donors-their objectives, recipients etc.

First, a bit about the regulatory framework for NGOs who receive foreign funds?

FCRA regulates the receipt of funds by NGOs and is managed by the MHA. Any organization that wants to receive contributions from abroad has to apply and get approval from the Home Ministry. The associations could be religious, social, educational, cultural or educational organizations.

If an NGO, whether registered or not, receives a contribution in excess of Rs 1 cr during a period of 30 days, the Bank has to report this to the Central Government within 30 days of the date of such last transaction. The NGO has to annually submit audited accounts to MHA who scrutinize the returns to ensure that contributions received for a particular purpose are used for that purpose only. It does a detailed check of randomly picked associations and collates the data received to present the FCRA Annual Report.

Trends in Foreign Contributions

As on 31.3.2012, there were 41,844 registered associations under FCRA. As compared to 2004-05 (UPA came to power in 2004) the amount received in 2011-12 has gone up by 85% and their number 38%. See table.

Trends in Foreign Contributions

Financial Year Registered Associations (as on 31st March of F.Y.) Associations that gave details of remittances received Amounts received Rs crs
1993-94

15,039

Not Available

1865

2000-01

22,924

64%

4535

2003-04

28,351

61%

5105

2004-05

30,321

61%

6257

2005-06

32,144

58%

7878

2006-07

33,937

56%

11,007

2007-08

34,803

54%

9,663

2008-09

36,414

55%

10,803

2009-10

38,436

56%

10,338

2010-11

40,575

56%

10,334

2011-12

41844+

16756 not filed returns+

11548+

Total 1993-94 to 2011-12

1,16,073


*All numbers in this article are reproduced from FCRA reports published by the MHA.

+ Reply to Rajya Sabha question no 199 dated 18/12/12013

Reported receipts by NGOs between 1993-94 to 2011-12 were Rs 1,16,073 crs. Only about 55% NGOs gave audited accounts so amounts received by them are included in this report. Actual receipts were much higher.

Largest Donors Country wise

            Rs crs

Year

USA

Germany

UK

Italy

Spain

Netherlands

2002-03

1680

715

685

316

250*

262

2003-04

1584

757

676

350

261

304

2004-05

1927

931

764

433

338

354

2005-06

2426

1181

1062

500

402

446

2006-07

2949

1033

1428

488

465

448

2007-08

2928

971

1269

515

401

414

2008-09

3433

1103

1131

547

437

513

2009-10

3106

1046

1039

584

437

509

2010-11

3261

1007

1065

490

351

469

Total

20,033

7,737

8,054

4223

3342

3719

2011-12

NA

NA

NA

NA

NA

NA

*Spain data for 2002-03 not accessible. Assumed at Rs 250 crs

NA means not published as on March 8, 2014

The top three donor countries consistently are USA, Germany, and UK.

Rs 20k crs by the U.S. and nearly Rs 8k crs by Germany/UK are large sums of money. Why are these countries remitting large sums of money? May be U.K. donates to help overcome the guilt of looting India during colonial rule or to continue with the colonial construct of the Indian Mind.

The economies of the U.S. and Europe, barring Germany perhaps, are under stress. Should not donors spend money on their own citizens!

Ironically receipts from Middle East countries were only app Rs 155 crs in 2010-11 even though media reports indicate funds come through hawala.

According to this report in Rediff.com there are atleast 40 charitable organizations in Saudi Arabia whose primary job is to raise money for funding terror in India. The links to Saudi Arabia became extremely clear when the police tracked a hawala transaction of $10,000 (about Rs 4,60,000) which was used to carry out the July 11, 2006 serial train blasts in Mumbai that killed 209 people.” To read more http://www.rediff.com/news/special/how-terror-funds-are-pumped-in-from-saudi/20110811.htm

It is also possible that funds are routed through migrant working class who work in the Gulf.

Are such large contributions only for social work, a smokescreen for the Church to fund conversions to India/promote divisiveness tendencies in the country or create a population of believers with strong emotional bonding and dependence on the West’! As a popular TV anchors says ‘The nation would like to know’.

Yogi Sikand, a high profile activist, who spent years fighting for the so called oppressed – Dalits, minorities and women wrote an article titled ‘Why I gave up Social Activism‘. The piece gave insights into how NGOs use the lure of money; foreign conferences etc, to accentuate if not create divisions in Indian society. To read more http://www.countercurrents.org/sikand190412.htm

Largest Donors: Agency wise trends 2010-11

                                         Rs crs

Name & Country

10-11

Name & Country

09-10

Name & Country

08-09

1.Compassion International, USA

99

Gospel For Asia Inc USA

233

World Vision International USA

706

2.HCL Holdings Pvt Ltd, Mauritius

70

Fundacion Vicente Ferrer, Barcelona, Spain

229

Gospel For Asia Inc USA

596

3.Action Aid, UK

63

World Vision Global Centre, USA

198

Fundacion Vicente Ferrer, Barcelona, Spain

458

4.Population Service International, USA

61

Compassion International, USA

132

Shyam Shyam Dham Samiti India

359

5.Bill & Melnda Gates Foundation, USA

49

HCL Holdings Pvt Ltd, Mauritius

94

Compassion International, USA

347

6.Kinder Not Hilfe e. V (KNH) Germany

48

Om Foundaiton, USA

64

Fundacion Vicente Ferrer, Spain

241

7.EED-Evangeischer Entwickkugddienst e.v., Germany

40

Population Service International, USA

51

Action Aid International, UK

228

8.SOS Kinderdorf International, Austria

36

Oxfam GB, UK

45

BAPS, Inc USA

199

9.Wort and Tat Allgemeinel Mission, Geselischaft, Germany

32

Save The Children, UK

44

Christian Children Fund, USA

197

10.Save the Children UK

29

EED-Evangeischer Entwickkugddienst e.v., Germany

44

Plan International, USA

191

11.Leprosy Mission, International, UK

29

University of Manitoba, Canada

41

Om Foundation, USA

188

12.General Conference of 7th Day Adventists, USA

26

Bill & Melnda Gates Foundation, USA

40

Ahmadiyya Muslim Association, UK

178

13.International Development (Enterprises (IDE), USA

26

Plan International, USA

39

Mata Amritanandmai Centre, USA

176

14.Christian Foundation for Children and Aging, USA

24

SOS Kinderdorf International, Austria

34

The Global Fund to Fight aids, Tuberculosis, Malaria Switzerland

166

15.Oxfam GB, UK

23

Wort and Tat Allgemeinel Mission, Geselischaft, Germany

29

Oxfam India Trust, UK

163

Received Top 15

655

Received Top 15

1317

Received Top 15

4393

Total Receipts 10334 Total Receipts

10338

Total Receipts 10803

Whilst the total contribution have remained at app Rs 10,350 crs, % of top 15 donors has fallen from a high of 41% of total receipts in 2008-09 to 6% in 2011-12.

This could mean that big donors have stopped giving or are doing so through different donor entities. Since total contributions from the big three i.e. U.S., Germany and U.K. are around the same levels it must be the latter.

For e.g. as a top 15 donor World Vision International USA remitted Rs 706 crs in 2008-09 but did not make it to the top donors list in 2010-11. Corresponding receipts for World Vision India Tamil Nadu were Rs 192 crs and Rs 234 crs respectively.

Another e.g. is Gospel for Asia a Texas based Christian missionary organization. In 2009-10 it made contribution of Rs 233 crs but does not feature in top 15 donors list in 2010-11. Perhaps, wanted to get off the MHA radar after the furor created by the “2008 Kerala Home minister statement that the ‘Church has bought nearly 2,800 acres of land, including a 2200 acre rubber estate” excerpts from Breaking India by R Malhotra and Aravindan Neelakandan.

As per site of World Vision, largest donor in 2008-09 Rs 706 crs, their Mission is “World Vision is an international partnership of Christians whose mission is to follow our Lord and Saviour Jesus Christ in working with the poor and oppressed to promote human transformation, seek justice and bear witness to the good news of the Kingdom of God.” To read more http://www.wvi.org/vision-and-values-0

About Donors

Name of Donor 2010-11 About Donor (as on 8th March 2014)
1.Compassion International, USA

99

www.compassion.com

Releasing children from poverty in Jesus name. 2.HCL Holdings Pvt Ltd, Mauritius

70

No site. Donated to Shivnadar Foundation.3.Action Aid, UK

63

www.actionaid.org.uk. To work with poor and excluded people to eradicate poverty and injustice.4.Population Service International, USA

61

www.psi.org. A leading global health org with programs targeting malaria, child survival, HIV, reproductive health and non-communicable disease. 5.Bill & Melnda Gates Foundation, USA

49

www.gatesfoundation.org. Works to help all people lead healthy, productive lives. Health, nutrition, agriculture, HIV development, sanitation included. 6.Kinder Not Hilfe e. V (KNH) Germany (88,000 reliable donors who contribute fixed amt on a regular basis).

48

http://en.kindernothilfe.org/. Implement rights & Poverty removal of children. Our engagement is based upon Christian values. 7.EED-Evangeischer Entwickkugddienst e.v., Germany

40

Not Available 8.SOS Kinderdorf International, Austria

36

www.sos-childrensvillages.org
We take action for children as an independent non-governmental social
development organization
9.Wort and Tat Allgemeinel Mission, Geselischaft, Germany

32

www.wortundtat.org/wortundtat/en/. We bring the message of God’s love and his offer of reconciliation through Jesus Christ to the people with no hope. Support to poor in social and medical sectors. (focus Andhra P). 10.Save the Children UK

29

www.savethechildren.org.uk. We run programmes to save children’s lives to give them a brighter future.

11.Leprosy Mission, International, UK

29

www.leprosymission.org. LMI is an international Christian organisation which helps people affected by leprosy.12.General Conference of 7th Day Adventists, USA

26

www.adventist.org/world-church/general-conference

 

The General Conference is responsible for the spiritual and developmental plans of the church around the world13.International Development (Enterprises (IDE), USA

26

www.ideorg.org. Since 1991 it has ensured the adoption of more than 750,000 treadle pumps by Indian smallholders farm families. 14.Christian Foundation for Children and Aging, USA

24

www.unbound.org. Is to walk with the poor and marginalized of the world. We are grounded in the Gospel call to serve the poor.15. Oxfam GB, UK

23

www.oxfam.org.uk. Root causes of poverty from life’s basics e.g. food, education to complex issues like human rights. For Oxfam Mother matching contribution by UK Govt.

 

It is apparent from the above that the largest recipient organisations are those associated with Christianity. A review of the objects of the top 15 donors indicate their work is to do with children, education, HIV/AIDS, health, human rights.

Had the Government of India invited these organizations to supplement its efforts?

Would foreign governments allow Indian NGO’s to do in their country what their NGO’s do in India? “Incidentally, there is an act in the USA called Foreign Agents Registration Act [FARA] and it provides for penalties up to ten years in jail for acting as a foreign agent or getting foreign funds without notification to the Attorney General. FARA was originally passed in 1938 to prevent the spread of Nazi ideas and propaganda”.

How does MHA ensure that in the name of child education and human rights divisive tendencies and conversions amongst the local people are not undertaken?

For eg World Vision International USA donated Rs 706 crs in 2008-09. “World Vision is one of the organizations blamed by natives as the chief investigator for the gunning down, in 2008, of a Hindu monk for their work in counteracting Christian proselytizing. Maoists claimed responsibility for the killing. The Evangelist-Maoist connection triggered Hindu-Christian violence’. Former Bihar Home Secretary, Afzal Amanullah, stated ‘Intelligence agencies report Maoists getting money from foreign-funded NGOs. Now, we have to do a lot of planning to stop this worrisome syndrome from spreading”. Breaking India by Rajiv Malhotra and Aravindan Neelakandan.

It is an acknowledged fact that conversions disturb the cultural and social fabric in society. The author experienced that first hand during a recent trip to Arunachal Pradesh.

There are, however, organizations that receive foreign funds and doing excellent work.

The Nation must question the need for such organizations!

Top 15 Recipient Associations Trends 2010-11                                                          Rs crs

Association

10-11

Association

09-10

08-09

1.World Vision of India, Tamil Nadu

234

World Vision of India, Tamil Nadu

209

192

2.Believers Church India, Kerala

161

Rural Development Trust, A.P.

151

155

3.Rural Development Trust, A.P.

135

Shri Sevassubramania Nadar Educational Charitable Trust, Tamil Nadu

94

*

4.Caruna Bal Vikas, Tamil Nadu

96

Believers Church India, Kerala

88

100

5.Women’s Development Trust, Andhra Pradesh

73

Caruna Bal Vikas, Tamil Nadu

83

74

6.Oxfam Trust, Delhi

71

Women’s Development Trust, Andhra Pradesh

80

81

7.Shivnagar Foundation, Delhi

70

Sri Sri Jagadguru Shankaracharya, Karnataka

71

60

8.Bal Raksha Bharat, Delhi

68

Action Aid, Karnataka

66

77

9.Action Aid, Karnataka

67

Bal Raksha Bharat, Delhi

66

10.Missionaries of Charity, West Bengal

63

SOS Children’s Village of India, Delhi

62

83

11.Mata Amritanandmayi Math, Kerala

61

Love India Ministries, Kerala

62

*

12.Christian Children Fund, Inc, Karnataka

61

Oxfam Trust, Delhi

59

*

13.Population Services International, Delhi

60

Plan International Inc, Delhi

55

66

14.Compassion East India, West Bengal

60

Tibetan Children’s village, Himachal Pradesh

53

*

15.SOS Children’s Village of India, Delhi

55

Missionaries of Charity, West Bengal

53

*

Top 15 recipients received

1335

Top 15 recipients received

1252

Total Contribution received

10334

Total Contribution received

10338

10803

*Not in top 15 recipients in 2008-09 hence not shown.

Of the top 15 recipients in 2010-11 only two can be said to be run by the majority community. Can the MHA ensure 41,000 odd NGOs use funds received only for declared purposes?

At the height of the Kundankulam agitation senior journalist Venky Vembhu wrote, “The NGOs that are at the centre of the latest action haven’t been named, but they are believed to be those associated with Bishop Yvon Ambroise, the Tuticorin church leader, who has been active in mobilising popular support for the protests at Kudankulam. Two of the NGOs associated with Ambroise – the Tuticorin Diocese Association (TDA) and the Tuticorin Multipurpose Social Service Society (TMSSS) – have been working in the area of fishermen’s livelihood, and their support for the anti-nuclear agitation draws on the fears to the fisherfolks’ livelihood from the nuclear power plant’. To read more http://www.firstpost.com/politics/church-role-in-kudankulam-protests-merits-wider-probe-228719.html

Ford Foundation has been in the news lately because of grants to some high profile individuals. Since the Foundation is a grant making organization and not a recipient of funds its site has consolidated audited financial statements only. The goal of Ford Foundation India is ‘The goal of our work is to address persistent poverty by empowering socially marginalized groups and improving government policies’.

Do the goals of many NGO’s not reflect an air of superiority amongst the Western world as if they are solely responsible for human rights, health and poverty alleviation etc worldwide.

Social service organizations are not the only recipients of foreign donations. Large number of Think-Tanks benefit from such generosity too. To read more http://www.openthemagazine.com/article/business/foreign-funding-of-ngos

About NGO’s who received Foreign Funding

Association

2010-11

About Association (as on 8th March 2014)

1.World Vision of India, Tamil Nadu

234

www.worldvision.in. Christian humanitarian organisation working to create lasting change in the lives of children, families and communities living in poverty and injustice. Annual Report 2013 on site does not contain audited accounts. in poverty and injustice
2.Believers Church India, Kerala

161

www.believerschurch.com. Our mission in life is to glorify God by seeking to know Jesus more fully and intimately, to worship Him as He desires. Runs schools and social service. No Financial Information on site.
3.Rural Development Trust, A.P.

135

http://rdtfvf.org/ . To reach out to the poor and oppressed communities, fight violence against women, help disabled, health etc. Audit report 2012-13 on site.
4.Caruna Bal Vikas, Tamil Nadu

96

http://carunaalumni.org/about.php. Associate of Compassion Internal U.S.A. Educating, training and discipling servant leaders. Influence the development of nations by preparing young people from impoverished backgrounds to be Christian leaders etc. No audited accounts on site.
5.Women’s Development Trust, Andhra Pradesh

73

wdtfvf.org. Similar to Rural Development Trust above. Audited accounts 2012-13 on site.
6.Oxfam Trust, Delhi

71

www.oxfamindia.org. Empowering poor and marginalized to ask for their rights etc. One of core value is inclusiveness, pluralism, secularism. Audited accounts for 2012-213 on site.
7.Shivnadar Foundation, Delhi

70

www.shivnadarfoundation.org. Leadership for Change. Through Transformational Education. Audited Accounts 2012-13 on site.
8.Bal Raksha Bharat, Delhi

68

www.savethechildren.in. Progress of children. Audited Accounts 2011-12 on site.
9.Action Aid, Karnataka

67

www.actionaid.org. Rights of Urban Poor Karnataka. People in focus: Dalits, minorities and most backward groups (MBC). Audit Report on site is for Action Aid India Branch and not recipient for y.e.31/12/12
10.Missionaries of Charity, West Bengal

63

Could not find site. http://www.motherteresa.org/07_family/Volunteering/v_cal.html.
11.Mata Amritanandmayi Math, Kerala

61

www.amritapuri.org. Cultural & Spiritual, Education, zHealthcare, Disaster relief etc activities. Audited accounts not on site.
12.Christian Children Fund, Inc, Karnataka. Parent U.S. NGO.

61

www.childfund.org. Child Fund is new name. To help children living in poverty. To promote societies that advance rights of children. Audited accounts not on site.
13.Population Services International, Delhi

60

www.psi.org/india. HIV, AIDS, Child survival, Reproductive health, Malaria prevention. Audited accounts not on site.
14.Compassion East India, West Bengal

60

http://childrenreleased.com/about.html. Caters to the needs of children and impacting families and communities across the length and breadth of Eastern region, the tribal hub of India. No audited accounts on site.
15.SOS Children’s Village of India, Delhi

55

http://www.soschildrensvillages.in/Pages/default.aspx

We work for children who are orphaned, abandoned or whose families are unable to care for them. Child care, Children’s Rights, Education, Emergency Response. Audited accounts for 2012-13 on site. Top 15 recipients received

1335

 Total Contributions received

10334

 

 

A number of recipient organizations have not uploaded audited accounts on the site. Should NGO’s be covered by the Right to Information Act even though they use foreign money?

A number of associations who receive money refer to address persistent poverty by empowering socially marginalized groups, removal of injustice, fight violence against women etc. These issues are typically pursued by Western Governments. For e.g. have you read reports of religious freedom and women’s rights on their own countries.

Action Aid India’s Annual Report 2012-13 refers to National Study on the status of Muslims in India. Does this not tantamount to interfering in India’s domestic affairs? How would UK respond if a RSS Think Tank did a study on the condition of Muslims in UK?

In a deeper sense there is a fundamental flaw with organizations who over-emphasize the western concept of human rights. It makes Indians look at the world through a western prism instead of an Indic one.

Maharishi Aurobindo said, “Dharma is the Indian conception in which rights and duties loose the artificial antagonism created by a view of the world, which makes selfishness the root of action, and regain their deep and eternal unity. Dharma is the basis of democracy which Asia must recognize, for in this lies the distinction between the soul of Asia and the soul of Europe”.

Trends of State wise receipt of Foreign Contributions

                        Rs crs

State NGO not+ filedreturns 11-12+ 10-11

2005-6

2002-3

1.Tamil Nadu

1827

1704

1557

1609

775

2. Delhi

646

2286

2017

1556

881

3. Andhra Pradesh

2373

1258

1177

1012

630

4. Maharashtra

1734

1107

914

664

505

5. Karnataka

1195

1101

999

621

489

6. Kerala

755

1029

873

656

409

7. Jharkand

248

144

135

97

58

8. West Bengal

1227

727

652

355

272

9. Gujarat

654

384

363

301

272

10. UP

182

265

257

103

NA

11. Orissa

1001

239

211

129

NA

12. MP

324

155

145

77

NA

13. Bihar

1026

179

144

101

NA

14. Rajasthan

283

145

141

NA

15. Himachal P

78

125

129

83

NA

16. Others

3203

700

620

514

756

Total

16,756

11548

10,334

7,878

5,047

+ Columns 1 & 2 is Reply to Rajya Sabha question no 199 dated 18/12/12013

Column one gives the number of NGOs who have not submitted their returns to MHA. Tamil N, Andhra P, Maharashtra, Karnataka, West B, Orissa and Bihar share the honors.

One of the effects of the Tsunami that hit Tamil Nadu in 2004 was the surge in foreign contributions to the State from Rs 775 crs in 2002-03 to an all time high of Rs 2,118 crs in 2006-07.

Four southern states account for 44% of reported receipts. These states received Rs 1,603 crs in 2002-03, up 217% in 2012-12. It is well known that the Church is increasingly active in these states – would be interesting to compare the Christian population in these states then and now. Note that even a small state like Uttaranchal received Rs 120 crs during 2011-12.

Can MHA monitor the working of NGO’s in so many states? Are the State Governments involved and to what extent?

Top Recipient Districts of Foreign Contributions

                        Rs crs

District

2010-11

2009-10

2007-8

2002-3

Chennai

773

872

731

363

Mumbai

644

607

470

284

Bengaluru

774

702

670

358

Kolkatta

387

341

352

NA

Hyderabad/Sec

325

334

291

181

Ananthpur

275

414

278

169

Quilon

369

324

250

Ahmedabad

189

219

207

NA

Madurai

157

177

187

NA

Ernakulam

205

226

207

NA

Pune

129

186

173

NA

Krishna

151

158

134

NA

Tiruchirapali

96

NA

Kancheepuram

121

112

122

NA

KangraDharamsala

127

145

104

NA

Kottayam

100

106

NA

NA

NA stands for not available.

Among the districts, the largest recipients of contributions were Bengaluru Rs 774 crs Chennai Rs 773 crs, Mumbai Rs 644 crs, Kolkatta Rs 341 crs, Ananthapur Rs 275 crs, Hyderabad/Secunderbad Rs 325 crs, Quilon Rs 369 crs.

These are huge sums of money that require continuous and serious monitoring to ensure that
end utilization matches the purported purposes for which the monies were received.

Utilization of Foreign Contributions

                                    Rs crs

Expenditure Head

2010-11

2009-10

  1. Establishment expenses

1337

1483

  1. Rural Development

863

944

  1. Relief/rehabilitation of natural calamities

267

  1. Welfare activities for children

745

743

  1. Construction/maintenance of schools/colleges

681

631

  1. Grant of stipend/scholarship to poor children

458

455

  1. AIDS related

392

330

  1. Welfare of Orphans

260

298

  1. Maintenance and education of priests, religious schools

446

330

  1. Construction/Repair of Places of Worship

168

206

In 2010-11 Rs 681 crs was spent for construction of maintenance of schools and colleges. Since most of the recipients are Christian organizations it would be correct to assume that a major portion of amount was received by them.

Most would be aware that the Christian community plays a dominating role in the field of school education. Whilst giving them due credit one of the reasons is because the Indian Christian community inherited Jesuit schools started by the British, the author went to one such school.

Article 29 and 30 of the Constitution conferred rights to minorities to establish and administer educational institutions to promote its religious tenets, philosophy etc. However, when donations received from abroad allow the community to set up more schools where the students are predominantly Hindu, then it only accentuates the control that the community has over education.

A very good example is the Ryan International Group who runs 128 schools across 18 states.

When its founder, Dr A F Pinto was conferred The Excellence Award for 2012 by The Christian Chamber of Commerce and Industry a blog in the Times of India said “How much of the “success” of such minority-institutions (in particular, Catholic-faith based schools and educational groups) is due to the relative “freedom” they enjoy from government interference and controls (e.g. minority-institutions are exempt from the recent RTE legislation), as well as the generous funding they receive from abroad?”. To read more http://blogs.timesofindia.indiatimes.com/reclaiming-india/entry/of-islamic-vc-funds-and-christian-chambers-of-commerce

Not sure if the framers of the Constitution had envisaged this situation when special rights were given to minorities to administer and establish their own institutions.

The author is not suggesting that India becomes inward-looking again but every nation has a right to safeguard its national interests, culture and social fabric.

The new Government needs to take a closer look at the need for foreign funding, NGO goals/ working and synergise them with national interest.

The author is a Chartered Accountant and founder www.esamskriti.com

Note – all data taken from the FCRA report published by the MHA. Any errors are regretted.

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