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The power cut that happened on the 3rd was a sabotage operation. Legal action will be taken against CEB – PUCSL

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Janaka Rathnayake, Chairman of the Public Utilities Commission (PUC) has stated that the power cut which took place on the day before yesterday(03) was a sabotage operation and that action has already been taken against the Ceylon Electricity Board (CEB).

“Arbitrary power cuts without our permission is against the Electricity Act and the Public Utilities Act. Accordingly, we will take all necessary legal action to ensure that this situation does not arise in the future. According to the data, the power consumption is very low on the night of the 3rd. We can see from that data that there was a good chance to go without a power cut that day. There is sabotage here. When we inquired about this from the CEB, even the General Manager was not aware that there was a power cut. From today, we will begin discussions with our lawyers to work through the law. We will decide on this before Monday and what will be done about it. ”

The Chairman of the Public Utilities Commission Janaka Ratnayake stated this in response to a media query yesterday (04).

IMF expresses willingness to discuss  fiscal support options with SL  

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The International Monetary Fund is ready to discuss “options” with Sri Lanka if the government asks for financial support, its mission chief for the island said.

The Covid-19 pandemic has had a disastrous impact on Sri Lanka’s economy, which has been deprived of its tourism bonanza while workers’ remittances from abroad have fallen sharply.

“While the IMF has not received a request for financial support from Sri Lanka, the staff stands ready to discuss options if requested,” mission chief Masahiro Nozaki said.

On Wednesday, Sri Lanka’s finance minister announced the country had sought advice from the fund and was considering seeking an international bailout.

This “referred to an ongoing technical assistance mission by the IMF,” Nozaki said Thursday.

“The mission aims to strengthen the Macro Fiscal Unit at the Ministry of Finance and focuses on the training staff at the Unit, as part of our capacity development activities,” he added.

“The mission is being conducted virtually until February 9,” he said.

The IMF continues to “closely monitor economic and policy developments in Sri Lanka,” Nozaki added.

He said a fund team had visited Colombo in December last year as part of the annual bilateral discussions to review economic developments and policies.

A board meeting will be held at the end of February to review the latest economic data from the country.

UK Govt. takes ‘very seriously’ on ITJP allegations against Sri Lanka   

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While claiming that the UK government takes ‘very seriously’ the allegations of torture and sexual violence in the report ‘Sri Lanka: Torture and Sexual Violence by Security Forces 2020-2021’, compiled by the report by the International Truth and Justice Project, Britain on Wednesday said that they have already raised serious concerns around the deteriorating human rights situation in SL.

In a written answer to a question raised by Labour MP Tonia Antoniazzi in the UK Parliament Amanda Milling, Minister of State (Foreign, Commonwealth and Development Office) stated that during the recent visit by UK’s Minister for South Asia, Lord (Tariq) Ahmad of Wimbledon, has raised the importance of these issues on several occasions with the Sri Lankan leaders.

“The Minister for South Asia, Lord (Tariq) Ahmad of Wimbledon, has raised the importance of these issues on several occasions with the Sri Lankan High Commissioner and the Sri Lankan Foreign Minister G.L. Peiris. 

During his visit to Sri Lanka on 18-20 January, he raised serious concerns around the deteriorating human rights situation when he met the President, Foreign Minister, and other members of the Sri Lankan Government. 

The Foreign Secretary raised the importance of upholding human rights when she met Foreign Minister Peiris on October 26, 2021,” she stated.

“We will continue to support the monitoring of the human rights situation and accountability in Sri Lanka by the Office of the High Commissioner for Human Rights (OHCHR) as mandated by the UN Human Rights Council resolution 46/1 on promoting reconciliation, accountability and human rights in Sri Lanka,” she further added.The UK’s Minister of State has responded to the question raised by the Labour MP Tonia Antoniazzi who asked what steps her Department is taking to support the Tamil population of Sri Lanka; and what steps her Department is taking in response to the recommendations for UN member states in that report

CSE revises regulatory framework of  IPO basis allotment  

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The Colombo Stock Exchange (CSE) is in the process of revisiting the listing rules governing the basis of allotment of shares in an initial public offering (IPO) to ensure greater transparency and fairness in allotting shares to applicant subscribers by prospective issuers.

In this regard, the CSE has formulated a revised regulatory framework to be adopted by prospective issuers when allocating shares offered under an IPO.

Present Rule of the Listing Rules of the CSE sets out the manner in which shares of IPOs should be allotted to certain categories of investors. The CSE is in the process of revising same to ensure greater transparency and fairness in the share allocation amongst applicant subscribers by the Issuers.

The revised regulatory framework to be adopted in respect of the basis of allotment in an IPO is enumerated and such revised regulatory framework strives to addresses the following aspects:

– Where the value of the IPO is less than Rs. 3 billion, expanding the definition of ‘retail individual investors’ to accommodate investors applying for a value of Rs. 250,000/-

This would increase the number of applicant subscribers, who would be classified as ‘retail individual investors’ and thereby be eligible for the mandatory allotment of 40% of the shares of the IPO under the said category.

– Where the value of the IPO is above Rs. 3 billion, specifying a minimum percentage of shares that could be made available to the retail individual investors and to define ‘retail individual investors’ as those investors who would apply shares in the IPO for a value of Rs. 500,000.

– Requiring the Issuer to identify the categories/types of investors who would be considered by the Issuer as ‘strategic investors’ and receiving shares of the IPO on a preferential basis.

– Where the value of the IPO is less than Rs. 3 billion, specifying a maximum percentage of shares that could be made available to such ‘strategic investors’.

– Specifying a maximum percentage (%) of shares that could be made available to employees in any IPO.

This would ensure that no undue advantage is offered to the such ‘strategic investors’ or employees of the Issuer over and above the investing public at large.

– To introduce a requirement to lock-in of the shares allotted to all persons on a preferential basis.

– Mandating the disclosure of shares allotted to persons on preferential allotments.

– The allocation of shares to the unit trust category to be expanded to include any unit trust approved by the SEC.

– Where the value of the IPO is above Rs. 3 billion, specifying a minimum percentage (%) of shares that must be made available to the unit trust investor category.

The above proposed regulatory framework is now available on the website of the CSE (www.cse.lk) for public comments. The CSE invites the public to submit comments or opinions in writing on or before February 11, 2022.

Government’s relief package boomerangs on fiscal stability:Moody’s claim

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Sri Lanka Government’s relief package worth of Rs. 229 billion is set to boomerang on the country’s fiscal stability, several economic experts and international rating agencies claimed.

Moody’s Investors Service has warned that the relief package announced by Finance Minister Basil Rajapaksa recently, could compound Sri Lanka’s fiscal challenge.

On 3 January,the Finance Minister announced a fiscal relief package worth Rs 229 billion ($1 billion, 1.6% of our 2022 GDP forecast) to support the economy and alleviate the impact of higher consumer prices on low-income households.

Moody’s Investors Service said that while the size of the package is moderate and will be fully funded via reallocations from the budget (6% of budget expenditure in 2022), it reduces the scope for fiscal and debt consolidation at a time when fiscal flexibility is already severely limited by the large share of interest payments in government revenue (60-70%).

“Funding the package with reallocations from the budget in part reflects this limited fiscal space, which constrains the government’s ability to use fiscal policy to mitigate the impact of economic shocks,” Moody’s said.

Furthermore, Moody’s noted that the risk of fiscal slippage has increased with the emergence of the omicron variant of the coronavirus.

Some countries have tightened activity and travel restrictions, and any reintroduction of measures domestically or a delay in the recovery of Sri Lanka’s tourism sector would intensify fiscal and external pressures, Moody’s added.

Key features of the relief package include cash handouts of Rs 1,000 to citizens receiving income support, agricultural subsidies, the removal of certain taxes on food and medicine and an increase in public-sector salaries (Rs 5,000 a month from January).

Such measures would support domestic demand and the economic recovery as surging prices – particularly for food – stemming from global supply chain-related disruptions and some import restrictions over 2020-21 reduce the purchasing power of households.

Consumer price inflation rose to 8.3% year-over-year in October 2021 and accelerated to more than 11% in November , 12.1% in December 2021   and 14.2% in janury 2022 , with food prices surging day by day , Census and Statistics Department data showed.   

“The rating agency  expects inflation-adjusted real GDP growth to pick up to around 5% in 2022 from around 4-5% in 2021, in part because of a lower base and because domestic economic activity has largely normalised, with international borders open to vaccinated tourists since October 2021.

 However, risks remain as the new omicron variant of the coronavirus could delay such a recovery, and several countries have reversed their easing of travel restrictions. 

Should such risks materialise, the recovery in Government revenue would likely be delayed beyond our assumptions, with fiscal and debt metrics remaining very weak for longer,” Moody’s said.

Moody’s is forecasting that the fiscal deficit will narrow only slightly to around 9-10% of GDP in 2022 from around 11% in 2021, mainly reflecting their expectation for lower revenue growth than the budget envisages.

“Wide deficits will keep the government’s debt burden at higher levels for some time; we estimate that the debt burden will rise to around 108% of GDP by the end of 2022 from around 101% at the end of 2020 and 87% at the end of 2019, before stabilising at the elevated 2022 level thereafter, mainly reflecting the recovery in nominal GDP growth. 

Such levels are significantly above the Caa median and much higher than the government’s medium-term target of around 75% in 2025,” Moody’s said.

In addition, a delay in the recovery of tourism receipts would weigh on Sri Lanka’s precarious external liquidity position.

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CPC compels to introduce fuel price hike or fuel pump coupons 

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Government is now forced to introduce a quota system for essential imports and a coupon scheme for consumers in buying food and fuel, reliable high official sources divulged.

Leading policy makers of the government are now considering the option of implementing a quota-based importation system to save US$ 3 billion expected to flow into the country soon, a top official said. 

 Since the beginning of the year both the Central Bank and the Government have been actively pursuing possible avenues to replenish official reserves, with an emphasis on encouraging non-debt flows, so that the existing foreign debt could be managed in a sustainable manner.

As an immediate action to conserve fuel which is being imported on spot purchasing system amidst dollar crisis and rising international petroleum product prices, the government is contemplating a fuel price hike or the issuance of fuel on coupon system.

This emergency action has become inevitable owing to the massive increase in debt and interest to be paid by the Ceylon Petroleum Corporation (CPC) amounting to Rs. 515 billion up to now, CPC sources said.

This amount is inclusive of debt installment and interest payment for the Bank of Ceylon and Peoples Bank in spite of the monthly loss of the CPC amounting to Rs.6.7 billion and its monthly income of Rs.61 billion.

Under this set up the Corporation is incurring loss of Rs33 from the selling of liter of Diesel RS 5 per liter of Petrol due to the oil price hike in international market.

Despite the huge increase in fuel prices in the world market, the government has managed to hold the current fuel prices without revising them for the last six  months.

 Unfortunately, the government can no longer keep prices stable, the energy ministry said, adding that  there has never been a time in history when prices in the world market have not been revised for such a long time.

 A loss of Rs. 331 billion will be incurred by the Ceylon Petroleum Corporation (CPC) by the end of 2021 due to the continuous purchase of fuel at higher prices with low sales at lower prices, the ministry revealed.

 According to insight investigation, the CPC has been operationally profitable in the past. However, the recorded accumulated losses can be entirely attributed to poor treasury and financial management, which is reflected in interest costs, and large exchange rate losses.

Data from the Ministry of Finance show that the CPC made gross profits every year since 2013. That is, the revenue exceeded the cost of sales including taxes.  

Over the last 10 years, the CPC recorded a gross profit of Rs. 281 billion. Therefore, the CPC’s losses cannot be attributed to selling fuel at a price lower than its cost plus tax, a financial analyst said.   

Even when including operational costs related to sales and distribution, administration, and depreciation, the CPC still made profits in most years. 

The accumulated operational profit amounted to Rs. 29 billion over the last 10 years (2011–2020). Therefore, the substantial accumulated losses cannot be explained by the addition of operational overheads, nor by capital depreciation costs, he claimed. 

Foreign Ministry refutes claims made by Ambika Satkunanathan to the European Parliament’s Subcommittee on Human Rights

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The Foreign Ministry notes with concern the numerous misleading statements contained in the testimony of the Chairperson of the Neelan Tiruchelvam TrustAmbika Satkunanathan, during an exchange of views on the situation of human and labour rights in Sri Lanka at the European Parliament’s Subcommittee on Human Rights on 27 January, 2022. 

Ms. Satkunanathan’s testimony completely ignores the progress made by the government of Sri Lanka on many fronts and creates doubts about the government’s intents and sincerity, particularly at a time when it is engaged in a long-standing cooperation with the UN human rights mechanisms and the UN Human Rights Council and is delivering on its commitment to address accountability and reconciliation through domestic processes and institutions.

The Ministry is disappointed that among the recommendations made by Ms. Satkunanathan is that the EU uses its leverage on GSP plus facility to exert pressure on the government on human rights. If Sri Lanka loses the EU GSP plus facility, particularly at a time when livelihoods of millions of Sri Lankans belonging to all communities are already affected by the ongoing COVID-19 pandemic, the resulting losses would exacerbate poverty and income inequality. Some of the worst affected sectors will be fisheries and agriculture which are among the key industries in the North and the Eastern Provinces of Sri Lanka. 

The Ministry also notes that the unfounded allegations about discrimination of ethnic communities in her testimony are reminiscent of LTTE propaganda that once stoked hatred among communities. In a multi-ethnic and multi-religious country such as Sri Lanka, such allegations need to be refuted in the interest ofsocial harmony and to prevent the spread of dangerous fallacies about Sri Lanka in the international community. 

The Ministry refutes Ms. Satkunanathan’s claims on ‘a culture of impunity’. The Ministry wishes to point out that the government is engaged in a long-standing cooperation with the UN human rights mechanisms as well as with the UN Human Rights Council. Sri Lanka is delivering on its commitment to address accountability and reconciliation through domestic processes and institutions. The government has been actively engaging the international community including the UNHRC’s Universal Periodic Review and Special Procedures to address the various concerns that have been raised. This includes the allegations of systematic torture. The Government has made it clear that additional reforms will be undertaken to further strengthen rule of law, access to justice, and accountability. It remains open to a constructive discussion on suggestions and further steps to address shortcomings.

The Ministry notes that Ms. Satkunanathan makes references to ‘Sinhala Buddhist nationalism’ and ‘militarisation’ as driving the actions of the Government. She makes vague claims of racial profiling in the absence of any concrete evidence of discrimination against minorities. In reply, the Ministry wishes to point out that Sri Lanka is a secular country and all citizens, irrespective of their religion or ethnicity share the same fundamental rights under the Constitution. Furthermore, Sri Lanka ensures access to public services such as free education and free health facilities without any discrimination on the basis of ethnicity or religion. In fact, even during the military conflict when large areas of the Northern and the Eastern Provinces were under the control of the LTTE, the government continued with the provision of such public services to the areas so that the civilians, who were mainly ethnic Tamils and Muslims, would not be affected.

Ms. Satkunanathan points to the Presidential Task Force on Archaeology which she accuses of being a tool for land grabbing and changing the demographics of minority-heavy areas and the Presidential Task Force on “One-Country One Law” which she accuses of stoking ethnic hatred and violence. After the war, as displaced persons returned to the Northern and the Eastern Provinces, there has been an increase in unauthorized encroachment into forest areas inevitably leading to destruction of archaeological sites. So, there is an urgent need to take concrete measures in order to protect these sites. There is no truth in the claims that the Presidential Task Force on Archaeology is a pretext for land grabbing and introducing the Sinhalese to these areas. It may be noted that there is representation of all ethnic communities in this Task Force. With respect to the Presidential Task Force on “One Country One Law,” it should be noted that it is expected to play an advisory role only. The Task Force’s recommendations will be first studied by the Justice Ministry, then the Cabinet of Ministers and finally the Parliament following the democratic traditions.

With regard to her allegations that the Northern and Eastern Provinces are ‘occupied’ by the military, it should be pointed out that the the majority (more than 92%) of the private lands occupied by the military at the end of the conflict in year 2009 have already been released to legitimate land owned civilians. A mechanism is already in place to expedite the process of releasing remaining private lands. 

It is particularly disappointing to see Ms. Satkunanathan’s allegations that ‘civic space’ is shrinking and that informal and extra-legal processes are used to curtail the activities of civil society organizations. The Ministry asserts that government views NGOs as partners and not as adversaries. The government acknowledges the constructive contributions made by civil Society organisations in the work of the Office for National Unity and Reconciliation (ONUR) and Sustainable Development Council of Sri Lanka. It has also introduced certain policy changes to facilitate the work of NGOs such as bringing the NGO Secretariat under the Foreign Ministry. It must be reiterated that apart from operating routine security networks in the interest of national security, particularly after the devastating Easter Sunday terrorist attacks, the Security Forces and intelligence agencies are not engaged in monitoring or targeting any specific group of people in the country. 

The Ministry refutes Ms. Satkunanathan’s claims of extra-judicial killings and arrests under the pretext of a “war and drugs.” With regard to the PTA, it should be noted that the government is in the process of amending the Act, which is now at the final stage and the international community is being briefed on that process.    

Ms. Satkunanathan also alleges that the government is exploiting its friendship with China to “undermine the efforts of states that call for accountability for human rights violations” in Sri Lanka. On the contrary, mindful of strategic competition that is increasing in the Indo-Pacific region, our main foreign policy directive is to maintain neutrality, in line with the non-aligned foreign policy we have adopted since Independence. The Ministry wishes to point out that apart from China, Sri Lanka has entered into partnerships with several countries such as India and Japan to fill gaps in national infrastructure development. Such partnerships have no bearing on Sri Lanka’s commitment to address accountability and reconciliation through domestic processes and institutions.

North Korea’s Kim calls Winter Olympics ‘great victory’ for China

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North Korean leader Kim Jong Un has sent a message to Chinese President Xi Jinping congratulating him on the Beijing Winter Olympic Games as a “great victory” and saying he wants to improve relations between their countries, according to state news agency KCNA.

“The successful opening of the Beijing Winter Olympics despite the worldwide health crisis and unprecedented severe circumstances is another great victory won by socialist China,” Kim said in the letter, KCNA reported on Friday.

Kim said that he would “steadily develop the relations between the two parties and the two countries to a new high stage”.

He said the ties between the two countries “have been cemented into invincible strategic relations that can never be broken by anything in the struggle for defending and advancing the common cause”.

The Winter Olympics are due to open in Beijing later on Friday.

The United Nations Security Council will meet the same day to discuss a record month of North Korean missile tests, including the launch of an intermediate-range ballistic missile on Sunday, the first test of that type since 2017.

China and Russia last month delayed a US bid to impose UN sanctions on five North Koreans, diplomats said.

In a previous letter from sports authorities in January, North Korea said it would not be attending the Games in neighbouring China, blaming COVID-19 risks and “hostile forces” from other countries, although it did not mention specific nations.

North Korean athletes are not eligible to compete under their national flag after the country was suspended from the International Olympic Committee (IOC) until the end of 2022 for failing to send a team to the Tokyo Summer Olympics last year, citing COVID-19 concerns.

The earlier letter also criticised unspecified moves by the United States, which in December announced that its government officials would boycott the 2022 Winter Olympics because of China’s human rights record while leaving US athletes free to travel to Beijing to compete.

China has been North Korea’s only major ally since the two signed a treaty in 1961, and international sanctions imposed over Pyongyang’s nuclear weapons and ballistic missile programmes have made it more dependent than ever on Beijing for trade and other support.

After nearly two years of some of the world’s strictest border closures in the pandemic, North Korea resumed limited trade by train with China last month, but maintains near-total lockdowns on other border travel.SOURCE: AL JAZEERA AND NEWS AGENCIES

Myanmar’s Aung San Suu Kyi faces new charge amid fresh violence

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Myanmar’s military government has filed an eleventh corruption charge against removed leader Aung San Suu Kyi, the latest in a variety of indictments against the Nobel laureate who faces more than 150 years in prison.

The new case was announced on Thursday, as the military reportedly launched fresh attacks on the civilian population in the northwestern Sagaing region, with troops allegedly burning up to 400 houses, forcing thousands of residents to flee.

Police filed a further corruption charge against Aung San Suu Kyi for allegedly receiving $550,000 as a donation for a charity foundation named after her mother, the military’s information team said in a statement.

The statement gave no details on when court proceedings would begin.

Aung San Suu Kyi, 76, has been detained since the February 1 coup last year that triggered mass protests and a bloody crackdown on dissent with more than 1,500 civilians killed, according to a local monitoring group.

She has already been sentenced to six years in jail for incitement against the military, breaching COVID-19 rules and breaking a telecommunications law – although she will remain under house arrest while she fights other charges.

Each corruption charge carries a possible 15-year jail term.

Aung San Suu Kyi is already on trial for breaching the official secrets act – where she is accused alongside detained Australian academic Sean Turnell – as well as several other corruption-related charges.

This week the military government announced she will face a further trial beginning mid-February on charges of influencing the country’s election commission during 2020 polls that saw her party defeat a military-aligned rival.

AL JAZEERA

Ceylon Cinnamon gets geographical certification from the European Union  

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Marking a moment of historical significance, Sri Lanka received its first ever Geographical Indication (GI) certification when the European Union (EU) Commission on 02 February,2022 granted GI status to Ceylon Cinnamon. 

The outcome was a result of a painstaking, decade-long, arduous endeavour led by the Sri Lanka Export Development Board (EDB) under the Ministry of Trade with the support of numerous public and private stakeholders.

During this monumental task, the much needed technical assistance was provided by UNIDO, Delegation of the European Union to Sri Lanka and the World Trade Organisation (WTO) while some financial assistance was granted by the Common Fund for Commodities, based in the Netherlands. 

In this breakthrough mission, the EDB was ably supported by Foreign Ministry, Department of Commerce, National Intellectual Property office, the Department of Export Agriculture, Spice Council and the Spices and Allied Products Producers’, Traders’ Association (SAPPTA)

GI registration has the purpose to differentiate Ceylon Cinnamon in the EU market from its substitutes of lower quality. GI will act as a source of competitive advantage which will help to increase market differentiation, product turnover and allow for a premium price from the consumer. 

An enhanced competitive position of Ceylon Cinnamon in the EU market will have a positive impact in terms of an increase in exports for Sri Lanka, higher income and employment generation across the cinnamon value chain, benefiting about 30,000 stakeholders involved in cinnamon production and processing.

As part of obtaining the GI status, the Ceylon Cinnamon Geographical Indication Association (CCGIA) was established representing all the stakeholders in the cinnamon industry in the country. 

The responsibility of the CCGIA is to implement an internal control mechanism to monitor their members meeting the specifications stated in the GI specification document. 

The participants within the cinnamon supply chain need to be registered/obtain the membership of the CCGIA to export Ceylon Cinnamon to the EU region under the “Ceylon Cinnamon” name.

The EDB wishes to place on record the wholehearted assistance and encouragement given by Trade Minister  Bandula Gunawardena in the course of this challenging task. 

Minister Gunawardena in October 2020, submitted a proposal to the Cabinet to advise the Legal Draftsman to draft a bill to amend the Intellectual Properties Act No. 36 of 2003, with the provisions to establish a comprehensive and definitive legal framework for the registration of geographical indications in Sri Lanka, which paved the way to secure GI status for Ceylon Cinnamon.

Objection was raised by the competing countries to block the granting of GI status by the EU commission to Sri Lanka for Ceylon Cinnamon, however, the EDB, with the support and encouragement of the aforementioned stakeholders, persevered against all the odds to realise this landmark accomplishment.

“We have passed a long journey in obtaining GI for Ceylon Cinnamon. Since 2009, followed by branding of Pure Ceylon Cinnamon, the EDB started the journey to secure registration of GI for Ceylon Cinnamon in the EU. 

Obtaining GI representing the whole country is a significant achievement and GI is beneficial to all stakeholders representing the cinnamon supply chain. Further, special focus can be given on rural development through Ceylon Cinnamon GI certification”, EDB Chairman Suresh D de Mel expressed his views on this important milestone.