Bob Bauman’s March 2012 Uruguay Revisited Welcome to the New Switzerland —Robert E. Bauman JD, Editor For centuries, Switzerland has been the sanctuary of choice for wealthy people from many nations. Now amid the growing crackdown on Swiss private banking, many wishing to maintain financial freedom are flocking to places such as Singapore and Hong Kong, which still offer some of the world’s most private accounts. But these Asian countries are not the only places that welcome Americans and their money. There are other low-tax financial oases that provide sound banking systems and far greater financial privacy than anything you’ll find in the U.S., not to mention numerous attractive investment possibilities. I have traveled the world in search of the perfect offshore base – both for investment purposes and for lifestyle – and I believe I have found one of the best in Uruguay Earlier this year, I was fortunate to visit Uruguay for the first time with 50 Sovereign Society members, and I was impressed. It is for good reason this country’s nickname is the “Switzerland of South America.” I have researched and written about Uruguay for years, established reliable Inside This Issue Uruguay in a Nutshell....... Pg 3 A Strong and Growing Economy.......... Pg 4 Worry-Free Property Investments...... Pg 6 Financial Privacy Guaranteed ...... Pg 8 Tax Breaks...... Pg 11 Contacts......... Pg 15 Published by The Sovereign Society® professional contacts there and have paid close attention to developments in this impressive country. But nothing prepared me for the way this tiny country — South America’s smallest Spanish-speaking nation – encapsulates everything you might need as a second or retirement residence and for investment, banking and an offshore financial base. Last May, subscribers to my Offshore Confidential received a Special Report on Uruguay. Now, having seen the country, met its people and enjoyed their hospitality, this latest special report is a sequel that reflects firsthand knowledge and reinforces my judgment that this is definitely an extraordinary country you should visit and consider making your offshore home and financial base. The Jewel of Latin America You know you’re not in America as soon as your plane lands at Montevideo’s sun drenched, gleaming, white, ultra-modern Carrasco International Airport. Unlike the long, mind-numbing lines that snarl the U.S. Immigration and Customs process at just about every American airport these days, you are whisked through the Uruguayan entrance routine in a matter of minutes. Outside, you are greeted by bright sunshine and a brisk breeze off the South Atlantic Ocean. Welcome to Uruguay. Spend a few days here and you will no doubt be impressed by the friendly citizens, and soon you will also realize that this is not just a place to invest and bank, but you might also want to live here. Uruguay has escaped the rigid class society that exists in much of South America. There are no ethnically defined boundaries. An estimated 88% of the people here are of European descent, principally Italian and Spanish. Other immigrant groups include Portuguese, Armenians, Basque, Germans, and Irish, making the country somewhat like the ethnic melting pot the U.S. once was. North American and European expats don’t stand out as foreigners; tall, fair, or blue-eyed people are assumed to be Uruguayans. And Uruguayans show unlimited, un-Latin patience, both in person and on the road. 2 High-Ranking and Happy Before you begin to plan your move, though, there are several details you should know… Uruguay, which is about the size of Washington state, lies east of both the Uruguay River, separating it from Paraguay, and the huge, 137-mile wide estuary of the Río de la Plata. Uruguay had the 25th highest quality of life index in the world in 2011, and ranked first in quality of life/human development in Latin America. The Economist ranked Uruguay 17 out of 167 countries on the 2011 Democracy Index. Reader’s Digest ranked it ninth most “livable and greenest” place in the world and first in the Americas. Uruguay in a Nutshell Government: Constitutional republic Capital: Montevideo Population: 3,308,535 (July 2011 est.) Total Area: 68,039 sq. miles Languages: Spanish, Portuñol, (Portuguese-Spanish According to Transparency International, in 2011 out of 182 countries, Uruguay ranked 25th and is the second-least corrupt country in Latin America, behind Chile. It was the highest rated country in Latin America (and 26th in the world) on the latest Legatum Prosperity Index, based on factors that help drive economic growth and create happy citizens. Ethnic groups: 88% White, 8% Mestizo, 4% black, Amerindian Life expectancy: 76.33 years Currency: Uruguayan peso (UYU) GDP: US$48.43 billion (2010 est.) GDP per capita: US$14,300 (2010 est.) But on top of all these accolades, Uruguay offers much more , makingit what might be the best offshore residence for you. For one, it is still a tax haven. Uruguay definitely has now earned its “Switzerland of Latin America” title. An Investor-Friendly Country Uruguay has an export-oriented, agricultural and services-based economy with a well-educated workforce and high levels of social spending. Political and labor conditions are among the freest in Latin America. 3 Foreign and local investors are treated equally under the law and there are no limitations on foreign business ownership. At the same time, there are no currency-exchange controls or forced currency conversion. In fact, foreign currencies are used freely, including dollars and euros. And there are no taxes or restrictions on transferring money in or out of the country. Most bank accounts are denominated in U.S. dollars, and dollars are also used for real estate and major business deals. The Uruguayan economy is ideal for foreign expatriates, retired or otherwise. There is very little poverty, a high standard of living and large middle class. It also has the most equitable income distribution in Latin America, which equals a low crime rate and a very livable society. If you do want to invest actively, start a company or do business, Uruguay offers an extremely positive environment. Consider this: If you had packed up and moved to Uruguay a decade ago, you would have missed a lot – including the U.S. housing bubble and the property market crash. Meanwhile, property values in Uruguay appreciated substantially. You also would have missed the world recession – which went right past Uruguay, the only Latin American country to have escaped the global economic crisis unscathed. A Strong and Growing Economy Unlike the faltering powerhouses of the Americas and Europe, the Uruguayan economy expanded during the global recession. In 2011, Uruguay’s gross domestic product was $52.02 billion in 2011, with per capita GDP at $15,400, the highest in South America. Economic growth averaged 8% annually during 2004-08, slipped in 2008-09 to 2.6% during the world financial crisis, but rebounded to 8.5% in 2010 and 6% in 2011. Construction is booming in the country and, last year, a record three million tourists visited Uruguay. Uruguay is also South America’s leader in direct foreign investment with more than $10 billion coming into the country in 2010. The previous year, it became the first nation in the world to provide every school child with a free laptop and wireless internet. 4 While Uruguay provides the perfect environment in which to invest and do business, it is not a country where you should look for cheap retirement. Its first-world living standards come with first-world prices in some items. However, if you plan to be in South American paradise for a few months every year, you should consider investing in local property. Foreigners are not required to become residents to own real estate, establish a corporation or to do business in Uruguay. Montevideo: One of the World’s Safest Cities Montevideo, Uruguay’s capital, is an attractive, modern city and among the safest in the world. As a first-time visitor, I was immediately impressed by its cleanliness and charming mix of old and new architecture. The traffic here is leisurely and the skyline is punctuated by a relatively few skyscrapers. Visitors will also enjoy its small boutiques, museums and a lively Ciudad Vieja (Old City). There is much to be said for this city of 1.3 million – about half of Uruguay’s total population. Especially appealing is the “Rambla,” miles of gleaming, spacious promenade and beaches, teeming with thousands of strollers and bronzed sun bathers. Vistitors will also enjoy the beautifully restored Teatro Solís, the city’s venerable opera house, which opened in 1878. Here, blacktie crowds still turn out for world-class orchestras from around the globe. Down the same street, local folks gather at a tiny tango club, where the singing and dancing goes on until dawn. The city’s fine-dining establishments are nearby, along with dozens of casual parrillas, whose giant grills and blazing wood fires attract Montevideo’s meat-lovers. And if you’re serious about living here, the most suitable apartments for the expat community conveniently face the Montevideo city golf course on the Rambla. The average price for a 2,500 square foot apartment in this area is about $550,000. New construction prices are higher, closer to $750,000. 5 A smaller apartment of about 1,800 square feet, in an equally good section of the city, would cost you around $350,000. It is also worth highlighting the fact that Uruguay offers not only financial, but physical security. You feel safe walking the streets and byways of Montevideo, Punta del Este… or anywhere else in this unusual country. Worry-Free Property Investments I stayed for several days in Punta del Este, South America’s premier beach resort. I also traveled further along the Atlantic coast to La Berra and Jose Ignacio (according to locals, the next SaintTropez) – where the beach areas are so exclusive that Brad Pitt and Angelina Jolie shopped for groceries unrecognized. Punta del Este is a town with miles of sandy beaches and blue waters, along with the country’s hottest nightclubs, the best casinos and shows, and the highest concentration of fine restaurants, not to mention its world-renowned property market. This is Uruguay’s answer to Newport, Rhode Island. Bridge nights and cocktail parties are part of the routine. Many foreign and local people of wealth make their home here, and I saw several of the many international cruise ships that regularly visit the harbor. As a South Atlantic Ocean-side resort, Punta del Este has a great deal of “old money,” which makes it a more established re-sell market. Prices are not cheap because of international demand, but your investment is safer and you’ll be able to find a buyer whenever you want to cash out. There are more than 70 new developments in Punta del Este – all without mortgages. It’s a cash business that is owner/ developer financed. The lowest starting price on the peninsula is around $300,000. Historically, property in Punta del Este has increased in price and holds value well. The rental market is strong during the peak summer season (January to March), with returns in the 3% to 4% range. Don’t miss Punta del Este’s neighboring small town of La Barra. Real estate here is highly sought after and you’ll pay between $600,000 and $800,000 for property. In the maze of narrow, Europeanstyle streets, you will find art galleries, shops and restaurants. La Barra is well worth the investment. 6 An Easy Way to Invest Directly One of most profitable investment opportunities is Uruguay is real estate. Many foreigners purchase second or vacation homes that return strong rental income when not in personal use. One of the easiest ways to invest directly for profit is to buy farmland. This is a safe, turnkey investment with high appreciation potential and good returns. Uruguay is ideal for agricultural pursuits. It is estimated that 46.4% of soils worldwide now have depleted biological functions, and 15% of that total is in Latin America. The causes are water and wind erosion, changes in soil composition and physical degradation. However, almost all of the soil in Uruguay is non-degraded and productive. The climate is temperate and there is rainfall yearround. The country also sits atop the world’s largest aquifer, a wet underground layer of permeable rock from which ground water can be extracted. These factors all combine to make the country a competitive producer and exporter with no government interference in the market. Principal crops include soybeans, wheat, rice, cattle and sheep ranches and dairy farms. Forestry includes growing eucalyptus and pine and there are many vineyards, olives groves and fruits. Foreign investors may work directly or have a farm management company handle all aspects of operation. There is also an active market for crop-land rental. Overall, the Uruguayan property market has been safe and stable. For example, farmland prices have increased in value by a multiple of eight times since 2002 to a current average of $2,100 per hectare (although in real terms, and taking 1998 as the starting point, prices tripled). All of Uruguay’s land was mapped some decades ago, and each plot was rated according to its productivity. The rating system is called CONEAT and it assigns a numerical rating to all land. The rating can be accessed by anyone, online, making it very easy to determine the fair value of land in this transparent market. Most of the prime agricultural land lies along the western edge of the country, near the Uruguay River near the Argentine border. Never buy without knowing the CONEAT rating. An agronomist can tell which crops are best under any given rating. And for the nonfarmer investor, investing in farmland is easy: Uruguay has widespread 7 expertise to help manage a farm, and the decisions are simple: you will usually plant what the global market dictates, typically soybeans in the summer and wheat in the winter. Insider tip: If you are buying land for recreational, development or personal use, then you do not need a high CONEAT rating. If the rating is high, the land may be overpriced for your purposes. Banks and Banking Sixty-one years ago, in the wake of World War II, Uruguay was described as the “Switzerland of the Americas” in a 1951 New York Times article. It earned that name because of its popularity as a haven for capital and precious metals fleeing Europe at the time, and for its adoption of Swiss-inspired banking laws and customs. Uruguay’s banking system is solid, appealing to global investors and depositors who seek a safe haven and tax advantages. Since January 1, 2008 almost 400 banks have failed in the U.S. Meanwhile, Uruguay’s banks have operated without problems. Unlike too many offshore financial institutions in other parts of the world, banks in Uruguay welcome American clients, and most offer e-banking. Uruguay’s banking reputation has made it an important regional financial center for the southern continent. There are 11 private banks, totally or partially owned by American, Canadian, European and Brazilian financial institutions, plus the government’s central bank, Banco de la República (BROU) that strictly supervises all the banks. Financial Privacy Guaranteed by Law Unlike the U.S., where the PATRIOT Act has destroyed financial privacy, Uruguay protection is based on a bank secrecy statute that forbids banks to share information – and that includes the government of Uruguay and foreign governments. The only exceptions are cases of alimony, child support or alleged crimes, including tax evasion and fraud. Even then, information can be shared only after obtaining a court order. In the case of foreign tax crime, the information can only be shared if a tax-exchange treaty exists. BROU also enforces the country’s strong laws that protect financial privacy and, yes, banking secrecy. Uruguay does not automatically exchange tax or banking information with any government. 8 However, it is important to note that the country complies with the Organization for Economic and Community Development’s standards for tax information exchange requests by having tax treaties with a handful of countries. Uruguay is a respected sovereign state. Criminals and tax evaders are not welcome here. Opening a Bank Account One third of all bank accounts in Uruguay are held by foreigners, including many thousands of Brazilians and Argentineans. There are no exchange controls or capital restrictions. Unlike neighboring Argentina, Uruguay has no political need, nor history of, forced conversion of currencies or of freezing or confiscation of deposits. The government guarantees bank insurance on deposits only to a maximum of $2,500, but bank failure is unknown here in recent years. To open an account you will need two IDs (passport and driver’s license), proof of home address, and a reference letter from your home bank. You must also indicate the estimated amount of funds that will be deposited into and transferred out of the account monthly. A personal interview is required and incoming funds must show proof of origin. A clean, non-criminal, personal record is required and you must and sign an IRS Form W-9. Processing usually requires about two weeks and English-speaking account managers are assigned to non-Spanish speakers. Bank financing is also available to foreign residents, with proof of income. A first or second mortgage on U.S. property is often accepted to finance local bank loans, as long as the bank can arrange for a back-to-back loan with its U.S. branch. The country’s interest rates are a nice bonus at around 7.5%. Banks offer up to 4.5% on various types of accounts. That means your money can earn up to 30 times more than it does in a U.S. bank account, where minimums are about 0.25%. A Tax Haven by Any Measure Uruguay’s government does not want the country labeled as a “tax haven.” However, by any measure, this is, in fact, an offshore tax haven that imposes very few taxes on foreign residents. 9 There is a territorial tax system here. Personal income tax only applies to Uruguayan-source income, including rental earning from properties in Uruguay. There is a flat tax of 12% on interest and dividend income from abroad. However, resident foreigners are credited with any income tax paid to other countries, to avoid double taxation (Uruguay does this unilaterally; no double taxation treaty is necessary). Otherwise, income from abroad is not taxed. So, if a resident foreigner already pays tax on income from another country, which Americans must, Uruguay does not tax you again. It is also worth noting that while Uruguayan banks may exchange information with some foreign governments upon proof of tax evasion or fraud, no agreement exists with the U.S. or Canada. Three Types of Income Taxes If you remain in Uruguay for more than 183 days in one year, the law presumes Uruguay is your tax domicile and you may become liable for all of the same taxes a local citizen would be required to pay.. So, which tax rates would you pay in Uruguay as a foreigner in residence? Although you will pay far lower rates than in the U.S., Uruguay levies the following taxes: • On assets: Citizens face a small tax on offshore deposits, securities and loans. The rate is 0.07% to 0.5%. This tax, known as “IP,” is being phased out in annual steps and will end in 2017. It will not affect anyone who gets citizenship after 2017. • On income: Uruguay taxes three types of income generated outside of the country - interest on deposits, interest from loans to a foreign company and dividends. The tax is a flat 12%. However, I repeat, if you already pay income tax abroad on any of these three types of income, you will not have to pay additional taxes in Uruguay. This means you avoid double taxation. Any other type of income generated abroad, such as salary, capital gains on the sale of shares or property, pensions, lease income, or any other type of offshore income are all untaxed. • Job-related taxes: If you decide to work in Uruguay, the personal income tax rate ranges from 10% to 25%, with a maximum overall effective rate of 18%. 10 Beneficial Uruguayan Taxes Here’s an example of just how good Uruguayan taxes could be for a U.S. citizen living there. If you earn $1 million a year and bring $100,000 a year into Uruguay, the country taxes only 70% of that $100,000. There is also no tax on the first $800 of income you “earn” each month… so this further reduces the Uruguay tax burden. Of that $100,000 you bring into the country each year, you’ll face taxes on only $60,400. At a flat rate of 12%, you’ll pay just $7,248 in taxes. Compare this with what the IRS would take from $100,000 of annual income – $25,000. Even if it does not want to be called a “tax haven,” it’s clear that Uruguay is a low-tax jurisdiction for foreign residents. Uruguay, like most countries in Latin America, imposes a value added tax (VAT) of 22% for most goods, and 10% for certain basic goods. It applies to imports (with exceptions) and to the sale of goods and services. A luxury tax is included in the cost of some specific goods, such as automobiles, alcoholic beverages, gasoline and tobacco. Unlike the U.S., these sales taxes are included in the higher price of an item; taxes are not added at the register. Property taxes: The municipal property tax ranges between 0.25% and 1% of the market value of a property. It averages about 0.5% of the property value – but less on rural properties. There is also a school tax of some 0.1% to 0.2% of the market value that doesn’t apply to rural properties. The transfer of real estate is taxed at a rate of 2% of the assessed value of the property, paid by both parties in a transaction. Often, the “assessed value” is equal to half the market value of a property, or less. Uruguay does not tax the sale (partial or total) of bearer shares in a company that owns real estate. The 25% corporate tax in Uruguay is levied on corporate profits generated within the country, regardless of your nationality. This includes branches or subsidiaries of foreign companies. There is a 7% tax on distribution of dividends. The capital gains tax rate is 12% for individuals, 12% for foreign corporations, and 25% for Uruguayan corporations. 11 Tax Breaks for Investors and Businesses Numerous businesses are eligible for special tax incentives and subsidies. For example, investments in tourism, including hotels and resorts, are exempt from import duties on equipment and materials. Such businesses are also exempt from corporate income tax and from capital/assets tax for 10 years. This is what partly explains the $10 billion direct foreign investment figure. Certain projects of “national interest” are also exempt from these taxes, including tourism, fishing, agro-industries, dairy products, and mining. At the same time, Uruguay has thirteen “free trade zones” in the country, where foreign companies operate free of corporate and import taxes. That is, 0% income tax and no tax of any kind. In our recent tour, we visited Uruguay’s main free zone, Zonamerica, near Montevideo’s international airport. This is an impressive, privately owned, modern commercial home to many global companies, such as Sabre, RCI, Tata and Merck, employing 7,000 workers. These areas are used for imported product storage, assembly and distribution for introduction into Uruguay or export to other regional countries. These zones also are home to financial services firms such as Merrill Lynch, KPMG, Deloitte, as well as many other types of services, all tax free. Quick, Easy Residence The immigration law of Uruguay states that residence is granted to those “who show intent to reside in Uruguay.” That intent is evidence in the first instance by coming to the country and establishing your new home there. Uruguay has a foreigner-friendly, open immigration policy, although, as with any official bureaucracy, it takes time; 12 to 18 months on average to obtain permanent resident status after coming to the country and applying. That said, you are a temporary resident, with a national ID card, from the day you apply. After three to five years from arrival, one can apply for citizenship and a passport. 12 The government also requires that a temporary resident working towards citizenship must physically reside in Uruguay for at least six months during each year. Importantly, the law in Uruguay, as in the United States, allows its citizens to hold dual or multiple citizenships. New citizens are not required to surrender their home country passport. Documentation Necessary foreign documents that must accompany a residence application include: • Birth certificate; • Marriage certificate (if applicable); • Police record from country of origin, or country that issued your passport, as well as any countries where you lived in the last five years; • Documented proof of sufficient income consistent with your living standard. • All four documents must be stamped officially at a Uruguayan Consulate. Proof of income can be shown by a foreign pension, mutual fund or retirement fund income, income from property leases abroad or in Uruguay, dividends or interest, or an employment contract in Uruguay. All such income must be received within Uruguay, so a local bank account must be opened. There is also a special law (Act 16,340) that allows pensioners, including a spouse and minors, faster access to a Uruguayan passport, within six months from obtaining residency (although you must wait for the three years (from arrival) for citizenship. The applicant, under this law, must prove a minimum monthly income of $1,500 and make an investment or buy property in Uruguay valued at $100,000, which cannot be resold for a period of 10 years. Those eligible may also import a vehicle duty free. The “passport” granted under this law appears the same as the official one issued to any citizen of Uruguay, but in fact is only a “travel document” that identifies your home country citizenship and Uruguayan residency. Uruguay offers one of the best and most complete offshore 13 experiences I have found, providing quality of life, good infrastructure, profitable investments, beautiful beaches, personal safety, friendly banking and a broad welcome mat for foreigners, both as new residents and eventual citizens. If you are looking for a beautiful and secure second home with solid banking and financial institutions, as well as a high-quality and affordable lifestyle, Uruguay is just the place. R Resources and Contacts U.S. Taxes & IRS Reporting Compliance Josh N. Bennett JD Address: 440 North Andrews Avenue, Ft Lauderdale, Florida 33301 Tel.: (954) 779-1661 Email: [email protected] Website: www.joshbennett.com Michael Chatzky JD (Chatzky & Associates) Address: 6540 Lusk Boulevard, Suite C121, San Diego, CA 92121 Tel.: (858) 457-1000 Email: [email protected] Real Estate In Montevideo: Carla Parodi Ramos Parodi Real Estate Address: Solano Antuna 2848, Montevideo Tel.: + (598) 2 711-5045. Email: [email protected] In Punta del Este: Sancho Pardo Santayana Managing Partner, 360 International Realty Email: [email protected] / Website: http://en.360terra.com/about Punta del Este Office Address: Ruta 10, KM. 166, Punta Piedras 14 Tel: + (598) 4 277-5066 Montevideo Office: General. Paz 1428, Local 14, Punta Gorda Tel: + (598) 2 601-2567 Miami Office: 1942 NE 148th St., MVD6245, Miami FL 33181 Tel.: (305) 407-1705 Farmland: Juan Federico Fischer Esq. Fischer & Schickendantz Address: Rincón 487, Piso 4, Montevideo 11000, Uruguay, Tel.: + (598) 2 915-7468, ext. 130 Email: [email protected] Website: www.fs.com.uy Fischer & Schickendantz is a full service law firm has a specialized unit helping put together farmland investments: www. uruguayfarms.com Recommended Attorney Juan Federico Fischer Esq. Fischer & Schickendantz Address: Rincón 487, Piso 4, Montevideo 11000, Uruguay, Tel.: + (598) 2 915-7468, ext. 130 Email: [email protected] Website: www.fs.com.uy Fischer & Schickendantz is a full service law firm with specialized units for immigration, real estate, farm and corporate law. A conveyance attorney (Escribano) is necessary for property purchases in Uruguay, and Juan’s firm has seven bilingual conveyance attorneys. Recommended Banks in Uruguay Banco Itau Contact: Andrea Tejeira Address: Pedro Berro 1039, 11300 Montevideo, Uruguay Tel.: + (598) 2 916-0127, Ext. 505 Email: [email protected] Website: http://www.bancoitau.com.uy/ 15 Lloyds Banking Group Contact: Ignacio d’Avila Address: Zabala 1500, CP 15000, Montevideo, Uruguay Tel.: + (598) 2 916-1370, Ext. 334 Email: [email protected] / Website: www.lloydstsb.com.uy BBVA Private Banking Contact: Pablo Troccoli Fischer, Account Executive Address: 25 de Mayo, 11000 Montevideo, Uruguay Tel.: (598) 2 916-1444, Ext. 393 Email: [email protected] Website: http://www.bbva.com.uy/Inicio/Personas/ Minimum deposit $100,000 to open investment account. Publisher........................................Erika Nolan Editor......................................Bob Bauman JD Managing Editor........................Mark S. Smith Graphic Designer......................... Bruce Borich Bob Bauman’s Offshore Confidential is published 12 times per year for $495 by The Sovereign Society The Freedom Alliance 98 S.E. 6th Avenue, Suite 2 Delray Beach, FL 33483 USA, USA Toll Free Tel: (888) 358-8125 Contact: http://sovereignsociety.com/contact-us Website: www.sovereignsociety.com Copyright ©2012 Sovereign Offshore Services LLC. dba The Sovereign Society ™ All international and domestic rights reserved, protected by copyright laws of the United States and international treaties. No part of this publication may be reproduced in any form, printed or electronic or on the worldwide web, without written permission from the publisher, Sovereign Offshore Services, LLC. 98 SE 6th Ave., Suite 2, Delray Beach, FL 33483. Legal Notice: This work is based on what we’ve learned as financial journalists. It may contain errors and you should not base investment decisions solely on what you read here. It’s your money and your responsibility. 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