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Core Policy and Procedures Manual
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E. Special Types of Disbursements Procedures
E.1 Legally Encumbered Payments
The Legal Encumbrance Branch, OCG is responsible for capturing and processing payments that have become legally encumbered. Payments become encumbered if
Once the legality of the encumbrance is established, the Legal Encumbrance Branch places the debtor name(s) on stop pay status on the CGI and CAS Oracle accounts payable system and, for employees, sets up an automatic payroll deduction on the CHIP payroll system. Legal Encumbrance Branch cannot exercise discretion in complying with the requirements of legally served encumbrances. Any deviation could result in the government being held liable for payments not processed correctly and place the government and responsible employee in contempt of court. The Legal Encumbrance Branch cannot provide payroll source information to persons or agencies outside of government. Assignments of debt
are frequently established in the normal course of business by vendors
in cooperation with their financiers. These encumbrances facilitate
adequate financing for vendors to perform major contract work for the
government or could be established for other reasons.
Legal Encumbrance Branch also stops payments to vendors if a set-off or temporary hold is created by a ministry of the government. Third Party Demands are issued by Federal Government agencies and Provincial agencies that have the power, under legislation, to seize money which third parties owe to the debtor. Most third party demands received by the Legal Encumbrance Branch are issued from one of the following sources:
A Garnishing Order is a court order directing that a payment to be made by a third party, such as the Province, be paid directly into court instead of to the judgement debtor. Garnishing orders can be used by any judgement creditor. Following are two examples:
Garnishing Orders affecting any public servants' salary or wages must be served on the Deputy Minister of Finance, Legal Encumbrance Branch, Office of the Comptroller General, Room 234 - 617 Government Street, Victoria, BC, V8W 9V1. Copies of garnishing orders pertaining to public servants, who are not on the CHIPs payroll system, must also be served on their employers. The legal requirements for service are set out in Section 6 of the Court Order Enforcement Act. Examples of employers not on CHIPs are, British Columbia Ambulance Service, BC Liquor Stores, and most Crown Corporations and Public Agencies. All other garnishing orders relating to vendors must be served on the Ministry of Attorney General, Legal Services Branch, 1001 Douglas Street, Victoria, BC, V8W 9J7. The documents cannot be simply dropped off with the security or support staff. Service must be in accordance with Section 8 of the Crown Proceeding Act. An Assignment of accounts is the transfer of the right to funds in an account from one party, to another. As assignments of debts are often executed by a business as security for a loan and are commonly used by the government's major contractors, amounts can be significant. Ministries must forward copies of the relevant contracts for goods or services to Legal Encumbrances Branch. Upon receipt of the financial assignment and copies of the contracts for goods and services, Legal Encumbrances Branch will ensure the names on all documents are the same before proceeding further. The government honours properly executed assignments of book debts. Ministries may sign for receipt of documents from, for example, a courier. However, ministries must not sign assignment documents. All such documents must be immediately forwarded to Legal Encumbrance Branch. The government does not accept employees' voluntary assignment of wages. E.1.5 Bankruptcy and Insolvency Act Assignments which may require Legal Encumbrances Branch to divert payments are:
These result in an obligation for the government to pay a trustee in bankruptcy rather than the bankrupt. E.1.6 Making Payments to Encumbered Vendors Ministries process payments to vendors that are on stop pay status in the same manner as any other payment, and must insure the correct supplier number is utilized. The Legal Encumbrance Branch will activate a stop and will divert payments in the CGI and CAS Oracle accounts payable system to their clearing account STOB for further processing. To avoid bypassing the system stop payment controls, ministries need to alert themselves to potential existing legal encumbrances by:
The financial danger is that funds, which should be attached, are missed and the government becomes liable to the third party for the amount paid to the debtor. In the event that the government becomes liable to make good a payment to a claimant that was inadvertently paid to an encumbered debtor, the ministry who made the payment to the debtor will absorb the cost. E.1.7 Set-offs & Temporary Holds A set-off is originated internally within government by ministries that are owed money by an employee, a vendor or other entity that could receive payments from government. Section 38 of the Financial Administration Act and Core Policy 7.3.8 provide that the amount owed to the government can be deducted in calculating the final amount to be paid to the debtor. A temporary hold is initiated internally within government to protect the government by stopping and holding payments to a vendor. The ministry should consult with its legal counsel if there is any doubt as to the legality of holding the payment. Temporary holds are frequently subsequently replaced with a set-off. E.1.8 Specific Procedures for Set Offs and Temporary Holds Vendors Set-offs and temporary holds are internal to the government and there is no serving of legal documents as is the case with the other forms of legal encumbrances. Set-off policy is contained in Part II, Section 7.3.8.
E.1.9 Specific Procedures for Set Offs Employees The Legal Encumbrance Branch will divert up to 30% of an employee's net pay to their clearing account STOB for further processing. The normal timeline to process an approved set-off is five working days before payday. These procedures apply only to employees who are paid by the CHIPs payroll system.
The set-off request is a one-time authorization that will remain in effect until the debt is paid in full, or is cancelled or withdrawn by the requesting ministry. A sample approval
request memo can be obtained from the Legal Encumbrance Branch. E.2 Government-Approved Chargecards CPPM
4.3.19 describes policy for the use and maintenance of government
approved chargecards by public servants for the acquisition of certain
goods and services. In accordance with the policy, three types of cards
are described in these procedures:
For purposes of these procedures, TELUS Calling Cards are not considered to be government-sponsored credit cards or government-approved chargecards. Ministries may wish to consider issuing corporate telephone calling cards to senior executives who have to make a large number of business related telephone calls while on travel status. This would save the additional hotel surcharges for operator assisted calls. E.3 Travel Card
The objectives for
using the travel card are to:
E.3.1 GeneralA special agreement has been negotiated to allow provincial government employees to use the Bank of Montreal MasterCard travel cards to pay approved travel related expenses and obtain travel cash advances. The cardholder is responsible to pay the monthly statement balances directly to the Bank of Montreal and claim for reimbursement by completing and submitting a travel expense report via iExpense. The card also carries
the following insurance:
Note: For full details of the terms and conditions of the above and other benefits associated with the use of the card, employees should consult the information package received with their cards. Renewal of the card is at the option of the card issuer. A ministry, the Office of the Comptroller General or the cardholder may also request cancellation of a card. The travel card provided by the Bank of Montreal is a personal pay / shared liability product. The Province is liable for all legitimate travel expenses for which the employee has not been reimbursed, and the employee is liable for any unauthorized charges and for approved travel expenses for which he/she has already been reimbursed. It is the employee's responsibility to pay the monthly statement balance in full by the due date. It is therefore essential that employees and ministry staff submit and process travel voucher reimbursements in a timely manner to avoid account delinquencies and interest charges. E.3.3
Eligibility and Restrictions on Use Any provincial government employee, or incumbent of a government position (i.e. an individual seconded from an organization outside the provincial government, but not a contractor, volunteer, etc.) or Order-in-Council appointee is eligible to apply for a travel card. The travel card is used to make purchases that are in the name of the employee and reimbursed through the submission of a travel claim or business expense approval form. Reimbursable purchases are not exempt from the federal Goods and Services Tax (GST).
The card should
not be used for:
E.3.4
Administrative Responsibilities a) Common Business
Services Responsibility Procurement and Supply Services also has access to a central registry of all government approved travel card cardholders and a listing of ministry travel card coordinators. At least on an annual basis, ministry travel card coordinators are required to reconcile and confirm their ministry cardholders to the central registry. Procurement and Supply Services also has access to a central registry of all government approved travel card cardholders and a listing of ministry travel card coordinators. At least on an annual basis, ministry travel card coordinators are required to reconcile and confirm their ministry cardholders to the central registry. At least on an annual basis, ministry travel card coordinators are required to reconcile and confirm their ministry cardholders to the central registry. b) Senior Financial
Officer Responsibilities Ministries are responsible
for:
c) Travel Card
Coordinator Responsibilities Travel card coordinators
are responsible for:
E.3.5
Cardholder Responsibilities and Procedures a) Cardholder
Responsibilities Cardholders are
responsible for understanding and abiding by all the terms and conditions
of being a cardholder. This includes:
b) Application
Procedures Individuals who
wish to apply for a Bank of Montreal travel card should:
The expense authority
is to complete the Employee Account Authorization Controls section by
indicating the transaction, monthly and daily cash advance limits before
signing the form and sending it to the ministry travel card coordinator. c) Cardholders
on Leave of Absence Cardholders who go on leave of absence for a period of more than two months shall surrender their card to the senior financial officer. The card's account status should be changed to "Closed" in the BMO details Online system. On the return of the cardholder, the card status can be changed to "Open" and the cardholder can start using the card again. d) Cardholders
Moving to Other Ministries An employee who moves to another ministry must notify the travel card coordinator so the travel card can be cancelled. If the employee requires a travel card in the new ministry they are to request a new travel card following the application procedures above. e) Payment of
Outstanding Balances Travel card monthly statements must be paid in full by the due date by the cardholder. Interest will be charged on outstanding balances starting on the 31st day after the statement cut-off, which is the third of the month. Cardholders are responsible to claim reimbursement for expenses on a timely and systematic basis to avoid late payment fees. The ministry has the responsibility to process travel claims promptly. If due to no fault of their own, cardholders are not reimbursed in time to avoid the late fees, the expense authority may authorize reimbursement of the late fees. Payments must be
received by the Bank of Montreal by the due date and can be made:
f) Delinquent
Accounts The Bank of Montreal will not commence any legal action against the cardholder to collect amounts owing without first receiving written confirmation from the Province that such amounts do not represent the reimbursable portion of any authorized expense which was reimbursed. Temporary accountable
travel advances may not be available to employees whose own actions
result in the cancellation of the travel card. g) Transaction
Costs The Bank of Montreal does not charge automated teller machine (ATM) fees for cash advances made at a Bank of Montreal ATM terminal. ATM fees may apply to cash advances taken from ATMs operated by other financial institutions. The Bank of Montreal also charges interest on cash advances at a rate determined by the Bank of Montreal's prime lending rate plus 2% from the day the advance is taken until the day the advance is repaid. Cardholders will be reimbursed for ATM fees incurred (if any) and the interest charged on the travel related cash advance. To simplify and help reduce the tracking and claiming of the exact interest amounts, interest charges will be reimbursed at a flat 1% of the travel cash advance. Employees should make every effort to minimize ATM fees by using Bank of Montreal ATMs and minimize interest on cash advances by repaying the advance as soon as possible. h) Completing the Travel Expense Report Expense authorities
may authorize the following expenses (enter as miscellaneous and attach
the receipts and/or statements):
The expense authority should review the amount of cash advance for reasonableness for the type and destination of the travel. If the amount is not reasonable, the claim for the cash advance fee should be reduced. i) Personal Identification Numbers Shortly after the cardholder receives his/her travel card, they will receive their Personal Identification Number (PIN) by mail. The Personal Identification Number is required for cash advances and is to be kept confidential. Do not reveal your PIN to anyone. Do not write your PIN on your card. Do not keep your card and PIN in the same location, i.e., wallet, purse, etc. j) Reporting Lost or Stolen Cards When a charge card
is lost or stolen, the cardholder must immediately advise a Bank of
Montreal's customer service representative by telephone:
The cardholder must also immediately advise the ministry card coordinator that the card was reported lost or stolen. This notification will be done initially by telephone, followed up in writing. The card company will issue a replacement card to the employee. There is no liability to the employee for transactions on cards which have been reported lost or stolen. In cases where transactions have occurred on a card before the cardholder has reported a loss or theft, the Bank of Montreal will review the timeliness of the reporting and the fraudulent transactions and, in most cases, will waive all liability, including the usual $50 liability cap. The cardholder may be required to sign an affidavit of forgery stating that she/he did not make the charges. In the event that he/she refuses to sign the affidavit, all charges will be considered his/her responsibility. E.3.6 Headquarters Outside of Canada The travel card may be used and statements may be paid in local currency funds by cardholders whose headquarters are outside Canada. Expense authority on the travel expense report will continue to be exercised in the usual way. E.3.7 Procedure for Cancellation Travel card coordinators
should ensure that travel cards are cancelled and destroyed if:
Normal cancellations, which become effective within 24 to 48 hours, can be requested through the BMO details Online system. For emergency cancellations, travel card coordinators can call the Bank of Montreal to immediately request the cancellation. Travel card coordinators are to immediately change the account status to "Closed" in BMO details Online. Note: Travel cards must be suspended (account status changed to "Closed") for the duration that an employee is on extended leave. The card can be temporarily reinstated (account status changed to "Open") if, for example, the employee is required to travel while on extended leave for medical travel assistance (i.e., leave for medical and dental care in accordance with the terms and conditions of employment/master agreement provision). Travel card coordinators will use the BMO details Online system to perform numerous administrative activities including:
Cardholders have
access to the BMO details Online system and can:
BMO details Online is accessible through the internet at https://bmodetailsonline.com. You will be asked for your username and password (which were provided by your travel card coordinator). The first time you enter BMO details Online, you will be asked to replace the password originally provided with a new confidential password that you supply. Functions that are available to you will be found on your HOME page. If you require assistance in using BMO details Online, contact your travel card coordinator. E.4 Business Transaction Account (BTA)
The Business Transaction Account is a MasterCard account number issued by the Bank of Montreal (BMO) to a ministry department, branch or office. The account number resides with a travel agency and is used to pay for travel tickets (airfare, bus or train) issued to a select group of individuals that have been identified to the travel agency. There is no plastic card issued and transactions are usually initiated with the travel agency by phone, fax or email. When tickets are issued by the travel agency, they are to be accompanied by a "nil" invoice/itinerary billed in the name of the department/branch. This invoice/itinerary will be used to reconcile the monthly statement received from the Bank of Montreal and clear the inter-ministry journal voucher charge-back that is initiated by Purchasing Services Branch (Ministry of Labour and Citizens' Services). Purchasing Services Branch pays the monthly Bank of Montreal statements on behalf of all ministries and promptly charges back the ministry their business transaction account expenditures. All purchases made on the business transaction account are GST-exempt and are to be billed in the name of the department/branch. Car rentals and hotel reservations are not to be booked on a business transaction account and must be paid directly by the employee. E.4.1 Benefits of Using Business Transaction Accounts In addition to consolidating GST-exempt travel charges into one payment, the business transaction account provides:
E.4.2
Appointing a Business Transaction Account (BTA) Coordinator The ministry senior financial officer is responsible for appointing a ministry Business Transaction Account Coordinator by completing a Commercial Card Coordinator/Alternate Change Application FIN 182. The completed form must be forwarded to the Government Card Coordinator at Purchasing Services Branch. The business transaction
account coordinator's responsibilities include:
E.4.3
Setting up a Business Transaction Account and Business Transaction Account
Accountholder A separate business transaction account should be established for each department, branch or office in a ministry (there is no limit to the number of business transaction accounts a ministry can use). The business transaction account should be at the level where expense authority and payment reconciliation will occur. This should not be done centrally (i.e., for the entire ministry or division) unless specific procedures have been developed to ensure timely reconciliation and payment. To request a new business transaction account or update an exiting account, complete the Request to Open/Change a Business Transaction Account (BTA) FIN178. The business transaction account accountholder is the office contact that will be the custodian of the business transaction account number and function as the main contact with the travel agency. The business transaction account accountholder is to provide contact information for the department/branch and the travel agency. Transaction and monthly limits should be set annually based on actual requirements and must be within the budget allocation of the expense authority to whose budget the expenditures will be charged. The form is to be authorized by the expense authority and forwarded to the business transaction account coordinator along with the Business Transaction Account, Acknowledgment of Terms of Use and Consent FIN178/A which is to be completed by the business transaction account accountholder. The business transaction account coordinator will inform the business transaction account accountholder when the account has been setup. The business transaction account accountholder will then complete and send the Notice To Vendor, Business Transaction Account FIN 179 to the travel agency, which includes contact information and the list of authorized users whose travel can be charged to the business transaction account. The business transaction
account accountholders responsibilities include:
Business transaction accounts are used to pay for authorized travel tickets (airfare, train and bus). Tickets are purchased GST-exempt in the name of the traveller and are billed to the ministry department, branch or office. The business transaction account should not be used for personal travel or cash advances or other travel related expenditures for which the travel card should be used. Procedures for Purchasing Travel Tickets
E.4.5
Business Transaction Account Reconciliation and Payment When the monthly Bank of Montreal statement is received, it will immediately be paid by the Purchasing Services Branch (Ministry of Labour and Citizens' Services) and charged-back to the ministry on an inter-ministry journal voucher to a ministry clearing account. The Bank of Montreal statement is to be coded and reconciled to the travel agency invoice/itineraries which should have been signed by the qualified receiver (traveller). Discrepancies must be resolved as soon as possible. (Travel agencies should be informed that all charges or credits must be referenced to the original transaction.) The reconciled and coded Bank of Montreal statement is to be sent to the expense authority for authorization and then entered into the CAS Accounts Payable module as a "zero invoice" to reallocate the expenditures to the appropriate accounts and clear the ministry clearing account. E.5 Province of British Columbia Vehicle Service Cards
The Fleet Coordinator is the individual designated by the ministry to be PHH's primary contact. In most ministries the coordinator is also the senior financial officer's delegate for the purpose of ordering and cancelling Service Cards. Service Cards are to be issued as follows: Red cards for all vehicles leased from PHH and vehicles leased under the executive lease program (Ministers, Deputy Ministers and eligible Deputy Minister equivalents). Blue cards for all other vehicles (and equipment, marine vessels and aircraft) that require fuel purchased at-the-pump, except for daily rentals. Ministries also have the option of issuing red rather than blue cards to such vehicles. The PHH red card is to be used for all normal motor vehicle operating expenses for vehicles leased from PHH and for vehicles in the executive lease program. This includes the purchase of tires and tire installation and the initiation of repairs and maintenance. Purchases of car washes and interior detailing may be made with other purchase instruments if the PHH service card is not accepted by the supplier. The blue PHH service card is only to be used for the purchase of fuel, lubricants and incidental items. Operators of vehicles issued with a blue card must not tender the card for the purchase of maintenance or major repairs. E.5.5 At-the-Pump Fuel Purchases A Service Card is to be used for all at-the-pump purchases of fuel, lubricants and minor repairs for vehicles, equipment, marine vessels and aircraft. Alternate purchasing methods are only permissible in communities where the Service Card is not accepted. Pay-At-the-Pump Systems In order to prevent potential fraud, PHH Service Cards must not be used with pay-at-the-pump card reader devices. Pay the purchase by presenting the Service Card to the service centre attendant directly for processing. E.5.6 Spare Parts, After-Market Items and Equipment With the exception of minor replacement parts (e.g., wiper blades), the red Service Card cannot be used to purchase spare vehicle parts (except tires), after-market items installed on a vehicle (e.g., winches, special bumpers, canopies) or equipment issued to a vehicle. E.5.7 Issuance of Cards Authorized Contractors The senior financial officer or delegate may authorize the use of the Service Card by a private contractor providing services to the ministry, and operating a government-operated vehicle, if specifically provided for under the terms of the contractor's general services contract. E.5.8 Retail Promotional Programs Employees must not accept any benefits derived from retail promotional programs including coupons, contests, other give-aways, or personal travel points from using the Service Card. For purposes of reconciling PHH's monthly invoice, ministries should retain receipts for all fuel purchases made with the PHH Service Cards, and copies of work orders for all repair and maintenance work made with the PHH red card (the work order is not an invoice). Red Card Vehicles. Service centres provide ministries with a work order describing the repairs performed on a vehicle. The work order is for reconciliation purposes only and is not an invoice. PHH pays the service centre. If a ministry pays the service centre causing a duplicate payment, the ministry, not PHH, is responsible for recovering the duplicate payment. Blue Card Vehicles. If a blue card is erroneously used to pay for repairs and maintenance and PHH bills the ministry in duplication, the ministry, not PHH is responsible for recovering the duplicate payment. However, if the repair or maintenance work was approved in advance by a PHH VMA technician then PHH is responsible for recovering the duplicate payment. Service Cards are to be kept in a secure place when the vehicle is not in use. Vehicles must be locked at all times when left unattended. E.5.12 Reporting Lost or Stolen Cards When a PHH Service Card is lost or stolen, the vehicle operator must
The use of petty cash for gas/oil purchases is permitted only in emergencies, and appropriate cross-references have to be noted on the petty cash replenishment documents for these expenses. E.5.14 Payment of Outstanding Balances PHH renders a single monthly Diversified Services Invoice to ministries to be paid in full by the due date of each billing cycle or interest may be charged on the total amount owing. Under the terms
of the Fleet Management Services Agreement, the Province:
To maximize cost savings, fuel purchases should be made from the company offering the greatest discount in a particular location. Information on discounts offered and preferred and optional suppliers is published on the internet (www.pc.gov.bc.ca/cmg/fuelsuppliers.htm). There is no limit on the amount or value of fuel that may be purchased at a single time using the PHH Service Cards, or the number of daily purchases that may be made. Purchases of lubricants and minor repairs made with both the red and blue PHH Service Cards are limited to $25.00 per purchase (including applicable taxes and levies) at most service centres. Attempts to purchase more than $25.00 of lubricants and minor repairs will be rejected by suppliers EPOS systems. PetroCan and Esso accept minor repair purchases to $50.00. E.5.17 Repair Authorization Process Red Cards The following process applies to repairs and maintenance including tire purchases for vehicles issued with a PHH red card. Note: blue cards are not be tendered for repairs. Initiating a Repair Responsibility for identifying the need for a repair and initiating a repair transaction may be assigned to either the vehicle operator or a designated employee (e.g., an equipment supervisor). Service Centre Procedure The vehicle operator presents the red card to the service centre when the vehicle is delivered for service. Before proceeding with a repair, the service centre must determine the final cost of the work. Value of Work Less than $750 Where the value of the repair is less than $750, the service centre must phone PHH's VMA toll-free line to obtain authorization to proceed. The VMS technician will confirm that the prices being charged are in accordance with the service centre's MSO. If PHH approves the specific work to be performed it will issue a PHH purchase order number to the service centre. Value of Work Greater than $750 Where the value of the repair exceeds $750, PHH will obtain approval from a ministry contact designated by the appropriate expense authority before authorizing the service centre to proceed with the work. The threshold limit for the Ministry of Forests and Range is $500; however, for the Ministry of Transportation it is $1,000. Invoice Amount PHH will only pay the service centre the specific amount approved by the VMA technician. This is the amount that will appear on the PHH diversified services invoice. Work Orders The vehicle operator must sign and retain the service centre's work order at the time the work is completed and the vehicle is picked up. The Purchasing Card is the primary instrument for making small dollar value purchases. The authority to purchase is delegated to positions. Individuals holding those positions receive a Purchasing Card and authority to purchase. Detailed information and Purchasing Card procedures are available in the Purchasing Card Manual. E.7 Ministry Payments by Government Agent Cheques
E.7.1 GeneralGovernment Agent offices perform a wide variety of services across government. As agents for the Comptroller General, they issue cheques for ministry payment requests as designated by the Comptroller General. Effective April 1, 1999 payments are restricted to the conditions listed below. Ministries may further restrict payments by Government Agent offices. Ministry signing authority officers must ensure that payment requests comply with this section and that pre-audit work is minimized. Any incomplete payment request must be returned by the Government Agent office to the originating ministry for correction and resubmission. The Comptroller General office will continue to record ministry payment requests received from Government Agent offices. Regular payment requests must be submitted through ministry headquarters for cheque production, or use the Corporate Accounting System's Cheque On Demand capability for "rush" cheques. Note that ministry Purchasing Cards should be used to make timely, small dollar purchases. E.7.2 Restricted PaymentsIn limited situations
and when it is not possible to make timely regular or "rush"
payments through ministry headquarters, ministry payments by Government
Agent cheques are restricted to:
Prompt payment situations are limited to circumstances in which prior plans or payment for goods or services could not be made, or were not foreseeable. This would not normally be expected when the timing of payment, or events requiring payment, were known or ought to have been known by a local ministry office outside of the time needed to make a regular or "rush" payment through ministry headquarters (i.e., the time to process a requisition and to produce and to remit a cheque by mail or courier). E.7.3 Processing ProceduresLocal Ministry Offices (When Local Ministry Office Prepares Payment Request) Complete the Payment Request Form (FIN 188) accurately and completely.
Local Ministry Office (When Government Agent Office Prepares Payment Request) The Government Agent
office will prepare a payment request (when required) on behalf of a
ministry based on an Authorization
for Advance Through Government Agent Form (FIN 343). Instructions
are as follows:
Government Agent OfficesReview of Payment Request Prepared by Local Ministry Office
Review of Request for Accountable Advance
Reconciliation of Ministry Payments Ministries are responsible
for ensuring that:
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