Export Credit Insurance and Guarantees: A Practitioner’s Guide

 
Huang Qiang, Yuan Jie and Liu Hangyu translated and published the Chinese Version of Export Credit Insurance and Guarantees: A Practitioner’s Guide (Zlatko Salcic, Palgrave Macmillan, 2014). This book is written as a practitioner’s guide for all participants in international trade, including manufacturers, exporters, bankers and foreign buyers that enter into international commercial and loan transactions. It is also writ- ten for lawyers and other professionals that advise contractual parties, draft documentation and assist them in other ways. The book will also help small and medium-sized manufacturers in selling their goods and services abroad. 

Huang Qiang
- Senior Partner of Zhong Ce Law Firm
- Member of the Insurance Law Professional Committee of Beijing Lawyers Association
- With 15-year’s experiences in dispute resolution and providing legal services for companies in insurance, international trade, real estate, etc.
 
Yuan Jie
- Master of International Laws from Beijing Institute of Technology & Bachelor of Laws from Hubei Normal University
- Familiar with contract law, company law, insurance law, aerospace law
- Experienced in civil litigation and arbitration
 
Liu Hangyu
- Master of International Maritime & Commercial Law from Swansea University & Bachelor of Laws from Heilongjiang University
- Expert in legal fields including foreign insurance, maritime commerce, arbitration of international business

Contents


Part I Subject Matter, Parties and Risks
1 Subject Matter and Basic Terms
1.1 About the book
1.2 Basic terms
2 ECAs and Users of the ECA Cover
2.1 The Status of ECAs
2.2 Purpose
2.3 Official support
2.4 Users of ECA cover
2.5 Meaning of the term ‘exporter’
2.6 Meaning of the term ‘bank’
2.7 The insured under the ECA policy
2.8 Beneficiary of the ECA policy
3 Political and Commercial Risks
3.1 Time of occurrence of political and commercial events
3.2 About definitions of political and commercial events
3.3 Definitions of political events
3.4 Definitions of commercial events
3.5 Exclusion of documentation risk
3.6 Distinction between documentation risk and legal risk
3.7 Risk assessment procedures
3.8 Assessment of political risks
3.9 Assessment of commercial risks
Part II Types of ECA Cover
4 Short-Term, Medium- to Long-Term and Partial Cover
4.1 Basic classification of risks
4.2 Characteristics of short-term credit transactions
4.3 Characteristics of the short-term cover
4.4 Short-term cover and international regulations
4.6 Characteristics of the medium- to long-term cover
4.7 Medium- to long-term cover and international regulations 
4.8 Characteristics of project finance transactions
4.9 Characteristics of cover for project finance risks
4.10 Cover for project finance risks and international regulations 
4.11 Partial cover and different percentages of cover
4.12 Partial cover
4.13 Different percentages of ECA cover for political and commercial risks
4.14 Consequences of classification of risks as political or commercial
5 Supplier Credit Cover
5.1 Classification of transactions as supplier credit contracts 50
5.2 Limitations of supplier credit cover
5.3 Types of supplier credit cover
5.4 Cover for short-term supplier credit
5.5 Cover for medium- to long-term supplier credit
6 Supplier Credit Cover with the Involvement of Banks
6.1 The exporter’s assignment of claim for payment and rights under ECA policy
6.2 The position of the bank after assuming rights under an ECA policy
6.3 The exporter’s transfer of bill of exchange and assignment of rights under ECA policy
6.4 Insufficiency of the bank’s position under ECA policy
6.5 Cover for bills of exchange (drafts)
6.6 Cover for promissory notes
6.7 Cover for account receivables
7 Supplier Credit Cover in Complex Transactions
7.1 Cover where several parties are involved on the exporter’s side 
7.2 Cover where the contract is between the exporter and its sub-supplier 
7.3 Cover issued to the exporter when acting through an intermediary in a country of import
7.4 Cover issued to the exporter when acting through an intermediary in a third country
7.5 Cover issued to the exporter when acting through its subsidiary in a country of import
7.6 Difficulties covering credit risks in domestic transactions 
7.7 Solutions for covering credit risks in domestic transactions by foreign ECAs
7.8 Reinsuring of a domestic insurer by a foreign ECA
7.9 Global cover
7.10 Cover for political risks in transactions between exporters and their foreign subsidiaries
8 Buyer Credit Cover
8.1 Purpose of the loan and payment of the loan amount 
8.2 Separating the loan agreement from the commercial contract 
8.3 Limitations of buyer credit cover
8.4 ECA requirements for issuing cover for medium- to long-term buyer credits
8.5 Other ECA requirements for issuing buyer credit cover 
8.6 Buyer credit cover for bank-to-bank loans
8.7 Buyer credit cover issued to several banks in syndicate 
8.8 Buyer credit cover and loan participation
8.9 Buyer credit cover and funded loan sub-participation
8.10 Buyer credit cover and unfunded loan sub-participation 
8.11 Buyer credit cover issued to a multinational bank acting through a local branch
9 Other Types of ECA Cover
9.1 Cover for manufacturing loss
9.2 Calculation of manufacturing loss
9.3 Cover for manufacturing loss combined with supplier credit or buyer credit cover
9.4 Pre-shipment cover issued to banks
9.5 Cover for contract bonds and guarantees
9.6 Cover for justified and unfair calling of contract bonds and guarantees
9.7 Cover for interconnected bonds and guarantees
9.8 Cover for counter indemnity issued to exporters
9.9 Cover for confirmed letters of credit
9.10 Applicability of OECD and EU regulations
10 Foreign Investment Cover
10.1 Political events that may cause loss of investment
10.2 Investments eligible for obtaining cover
10.3 Legal status of investment projects
10.4 Eligible investors
10.5 Highest amount of cover
10.6 Percentage of cover and partial cover
10.7 Duration of cover for foreign investments
10.8 Premium
10.9 Waiting period
10.10 Assignment of claim
10.11 Indemnification
10.12 Obligations of the insured investor
11 ECA Direct Loans
11.1 Purpose of direct loans
11.2 Misconceptions about direct loans
11.3 International regulations for direct loans
11.4 Minimum interest rates for direct loans
11.5 Application and offer for direct loans
11.6 Arranging direct loans by banks
11.7 Arranging direct loans by exporters
11.8 The ECA’s recourse against a bank or an exporter
11.9 Charging a premium for credit risk
11.10 Tied aid
Part III Procedures
12 Application, Offer, and Policy
12.1 Application for issuing cover
12.2 Offer for issuing the ECA policy
12.3 The ECA policy
13 Premium
13.1 Different premium rates for various types of cover
13.2 Basic elements for calculating the premium rate
13.3 Minimum premium rates
13.4 Buyer risk categories
13.5 Reducing minimum premium rate
13.6 Third party payment guarantee
13.7 Mitigation techniques
13.8 Enhancement of credit risk by providing security
13.9 Security and reducing the premium rate to the minimum 128
13.10 Increased premium rate
13.11 Payment of premium
13.12 Shifting the premium costs to foreign buyers
13.13 Indication of a premium rate
14 Foreign Content
14.1 Determining the foreign content
14.2 National interest
14.3 Determining the national interest
14.4 Reinsurance as a solution
15 Currency
15.1 Cover and currency risk
15.2 Contract denominated in the currency of the ECA country 
15.3 Contract denominated in hard currency
15.4 Contract denominated in other convertible currency 
15.5 Contract denominated in local currency
16 Confidentiality
16.1 Confidentiality in relations between exporters, banks and foreign buyers
16.2 Confidentiality in relations between exporters, banks and ECAs
16.3 Confidentiality in relations between ECAs and foreign buyers 
16.4 Transparency requirements
16.5 Confidentiality in relations between ECAs and reinsurers 
17 Security for Payment of Credits Covered by ECAs
17.1 Differences between security and the ECA cover
17.2 Security and the ECA cover provided for the same risk 
17.3 Effects of security in export credit transactions covered by ECAs
17.4 Security in the initial stage of a contract
17.5 Security and renegotiation of credit
17.6 Enforcement of security
17.7 Uncertainty connected with security
17.8 Security in intercreditor agreements
17.9 Quasi-security
17.10 Negative pledge
18 Reinsurance
18.1 Reinsurance in ECA business
18.2 Reinsurance between ECAs
18.3 Other forms of cooperation between ECAs
18.4 Coinsurance between ECAs
18.5 Parallel insurance between ECAs
18.6 Percentage of foreign content covered by a single ECA 
18.7 Reinsurance between ECAs and private reinsurance companies 
19 Claims and Indemnification
19.1 Notification of non-payment, claim and waiting period 
19.2 Payment of interest during the waiting period
19.3 Assignment of claim for payment of credit by insured to ECA
19.4 Distinction between assignment of claim and assignment of contract
19.5 Assignability of claim
19.6 Subrogation of claim
19.7 Enforcement of security and indemnification
19.8 Assignment of security to ECAs
19.9 Ascertainment of claim
19.10 Scope of indemnification
19.11 Indemnification method
19.12 Parties entitled to claim indemnification
19.13 Time limitation for claiming indemnification from ECAs 
19.14 Rescheduling of foreign buyer’s credit and right to indemnification 
19.15 Disputed claim for payment against a foreign buyer 
20 Recovery
20.1 Classes of foreign buyers
20.2 Recovery of debt from sovereign foreign buyers
20.3 ECA methods for recovery of debt from sovereign buyers 
20.4 The Paris Club
20.5 Recovery of debt from public buyers
20.6 ECA methods for recovery of debt from public buyers 
20.7 Recovery of debt from private buyers
20.8 Negotiations with private buyers
20.9 Bilateral negotiations for recovery of a single debt
20.10 Multilateral negotiations involving the majority of creditors 
20.11 Judicial reorganisation of foreign buyers
20.12 Legal action against foreign buyers
20.13 Sharing of recovery costs
20.14 Application of recovered amounts
Part IV Legal Framework
21 OECD and EU Regulations in Terms of ECA Cover
21.1 OECD Arrangement on Officially Supported Export Credits 
21.2 Application of the Arrangement
21.3 Provisions on down payment, local costs, etc.
21.4 Maximum terms for payment of export credits
21.5 Payment of principal and interest
21.6 EU regulation
22 Other OECD Regulations and International Sanctions
22.1 Combating bribery in international business transactions 
22.2 Environmental and social impacts
22.3 Reviewing potential environmental and social impacts 
22.4 Sustainable lending practices
22.5 International sanctions
23 Selected Standard Terms of ECA Cover
23.1 Compensation of loss
23.2 Disclosure of information to ECAs
23.3 Increase of risk after issuing the ECA offer
23.4 Permits for performance of commercial and loan contracts 
23.5 Variation of commercial and loan contracts
23.6 Obligations of the insured at increased risk
23.7 Retaining the non-covered percentage of risk by the insured
23.8 Waivers and amendments of the ECA standard terms 
23.9 Governing law and jurisdiction for ECA policies
 
 

 







 

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