2011R1233 — EN — 02.03.2016 — 002.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:









▼B

REGULATION (EU) No 1233/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 November 2011

on the application of certain guidelines in the field of officially supported export credits and repealing Council Decisions 2001/76/EC and 2001/77/EC







THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 thereof, Having regard to the proposal from the European Commission, Acting in accordance with the ordinary legislative procedure ( 1 ), Whereas: (1) Export Credit Agencies (‘ECAs’) contribute to the development of world trade by supporting export and investments by companies in a manner that complements the provision of private sector finance and insurance. The Union is party to the Arrangement on Officially Supported Export Credits (‘the Arrangement’) of the Organisation for Economic Cooperation and Development (‘OECD’). The Arrangement, as concluded by the Participants thereof, regulates the financial terms and conditions that ECAs may offer in order to foster a level playing field for officially supported export credits. (2) By virtue of Council Decision 2001/76/EC of 22 December 2000 replacing the Decision of 4 April 1978 on the application of certain guidelines in the field of officially supported export credits ( 2 ) and Council Decision 2001/77/EC of 22 December 2000 on the application of principles of a framework agreement on project finance in the field of officially supported export credits ( 3 ), the guidelines contained in the Arrangement and the specific rules for project finance apply in the Union. (3) The Arrangement indirectly contributes, through the activity of the ECAs, to free and fair trade and investment by companies which would otherwise have less access to credit facilities provided by the private sector. (4) The Member States should comply with the Union's general provisions on external action, such as consolidating democracy, respect for human rights and policy coherence for development, and the fight against climate change, when establishing, developing and implementing their national export credit systems and when carrying out their supervision of officially supported export credit activities. (5) The Participants to the Arrangement are involved in a continuous process intended to minimise market distortion and to establish a level playing field in which the premiums charged by the ECAs are risk based and should be adequate to cover long-term operating costs and losses and in accordance with World Trade Organization obligations. In order to achieve this goal, the export credit systems operate in a transparent way and agencies report accordingly to the OECD. (6) Well-targeted export credits provided by ECAs can contribute to market access opportunities for Union companies, including for small and medium-sized enterprises (SMEs). (7) The Participants to the Arrangement and the Member States of the Union agreed to disclose certain information on export credits according to the transparency rules of the OECD and of the Union in order to facilitate a level playing field for the Participants to the Arrangement and Member States. (8) The Union applies transparency and reporting measures as set out in Annex I. (9) In view of the intensified competitive situation on world markets and in order to avoid competitive disadvantages for Union companies, the Commission, with regard to the negotiating authorisation from the Member States, should support the efforts by the OECD in reaching out to non-Participants to the Arrangement. The Commission should use bilateral and multilateral negotiations in order to establish global standards for officially supported export credits. Global standards in this field are a prerequisite for a level playing field in world trade. (10) Although OECD countries are guided by the Arrangement, non-OECD countries are not Participants to the Arrangement and this could lead to a competitive advantage for exporters of the latter countries. Those countries, therefore, are being encouraged to apply the Arrangement in order to ensure a level playing field also at the global level. (11) In view of the Union's Better Regulation policy, aimed at simplifying and improving existing regulation, the Commission and Member States, in future reviews of the Arrangement, will focus, where appropriate, on reducing administrative burdens on businesses and national administrations, including ECAs. (12) The Participants to the Arrangement decided to amend and rationalise the Arrangement. Changes agreed upon by them cover enhanced user-friendliness, improving consistency among the relevant international obligations and the achievement of greater transparency, in particular with regard to non-Participants to the Arrangement. Moreover, the Participants to the Arrangement also agreed to incorporate in the text of the Arrangement the rules on project finance which were introduced by Decision 2001/77/EC, and the rules for export credits for ships, which were introduced by Council Decision 2002/634/EC ( 4 ) amending Decision 2001/76/EC. (13) Decision 2001/76/EC, as amended, should be repealed and replaced by this Regulation and the consolidated and revised text of the Arrangement annexed thereto, and Decision 2001/77/EC should be repealed. (14) In order to smoothly and promptly incorporate into Union legislation the amendments to the guidelines set out in the Arrangement as agreed upon by the Participants to the Arrangement, the Commission should adopt delegated acts to amend Annex II where this is necessary. Therefore the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendments to the guidelines as agreed upon by the Participants to the Arrangement. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council, Whereas: HAVE ADOPTED THIS REGULATION:







Article 1

Application of the Arrangement

The guidelines contained in the Arrangement on Officially Supported Export Credits (‘the Arrangement’) shall apply in the Union. The text of the Arrangement is annexed to this Regulation.

Article 2

Delegation of power

The Commission shall adopt delegated acts in accordance with Article 3 to amend Annex II as a result of amendments to the guidelines agreed upon by the Participants to the Arrangement.

Where, in the case of amendments to Annex II as a result of amendments to the guidelines agreed upon by the Participants to the Arrangement, imperative grounds of urgency so require, the procedure provided for in Article 4 shall apply to delegated acts adopted pursuant to this Article.

Article 3

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 2 shall be conferred on the Commission for an indeterminate period of time from 9 December 2011.

3. The delegation of power referred to in Article 2 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Article 2 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.

Article 4

Urgency procedure

1. Delegated acts adopted pursuant to this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 3(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.

Article 5

Transparency and reporting

The transparency and reporting measures to be applied in the Union are set out in Annex I.

Article 6

Repeal

Decisions 2001/76/EC and 2001/77/EC are hereby repealed.

Article 7

Entry into force

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.









ANNEX I

1. Without prejudice to the prerogatives of the Member States' institutions exercising the supervision of the national export credit programs, each Member State shall make available to the Commission an Annual Activity Report in order to step up transparency at Union level. Member States shall report, in accordance with their national legislative framework, on assets and liabilities, claims paid and recoveries, new commitments, exposures and premium charges. Where contingent liabilities might arise from officially supported export credit activities, those activities shall be reported as part of the Annual Activity Report.

2. In the Annual Activity Report, Member States shall describe how environmental risks, which can carry other relevant risks, are taken into account in the officially supported export credit activities of their ECAs.

3. The Commission shall produce an annual review for the European Parliament based on this information, including an evaluation regarding the compliance of ECAs with Union objectives and obligations.

4. The Commission, according to its competencies shall provide to the European Parliament an annual report on negotiations undertaken, where the Commission has negotiating authorisation in the various forums of international cooperation, to establish global standards in the field of officially supported export credits. The first reporting period, under the scope of this Regulation, covers the year 2011.

▼M2









ANNEX II

TABLE OF CONTENTS CHAPTER I: GENERAL PROVISIONS 1. PURPOSE 2. STATUS 3. PARTICIPATION 4. INFORMATION AVAILABLE TO NON-PARTICIPANTS 5. SCOPE OF APPLICATION 6. SECTOR UNDERSTANDINGS 7. PROJECT FINANCE 8. WITHDRAWAL 9. MONITORING CHAPTER II: FINANCIAL TERMS AND CONDITIONS FOR EXPORT CREDITS 10. DOWN PAYMENT, MAXIMUM OFFICIAL SUPPORT AND LOCAL COSTS 11. CLASSIFICATION OF COUNTRIES FOR MAXIMUM REPAYMENT TERMS 12. MAXIMUM REPAYMENT TERMS 13. REPAYMENT TERMS FOR NON-NUCLEAR POWER PLANTS 14. REPAYMENT OF PRINCIPAL AND PAYMENT OF INTEREST 15. INTEREST RATES, PREMIUM RATES AND OTHER FEES 16. VALIDITY PERIOD FOR EXPORT CREDITS 17. ACTION TO AVOID OR MINIMISE LOSSES 18. MATCHING 19. MINIMUM FIXED INTEREST RATES UNDER OFFICIAL FINANCING SUPPORT 20. CONSTRUCTION OF CIRRs 21. VALIDITY OF CIRRs 22. APPLICATION OF CIRRs 23. PREMIUM FOR CREDIT RISK 24. MINIMUM PREMIUM RATES FOR CREDIT RISK 25. COUNTRY RISK CLASSIFICATION 26. SOVEREIGN RISK ASSESSMENT 27. BUYER RISK CLASSIFICATION 28. CLASSIFICATION OF MULTILATERAL AND REGIONAL INSTITUTIONS 29. PERCENTAGE AND QUALITY OF OFFICIAL EXPORT CREDIT COVER 30. COUNTRY RISK MITIGATION TECHNIQUES 31. BUYER RISK CREDIT ENHANCEMENTS 32. REVIEW OF THE VALIDITY OF THE MINIMUM PREMIUM RATES FOR CREDIT RISK CHAPTER III: PROVISIONS FOR TIED AID 33. GENERAL PRINCIPLES 34. FORMS OF TIED AID 35. ASSOCIATED FINANCING 36. COUNTRY ELIGIBILITY FOR TIED AID 37. PROJECT ELIGIBILITY 38. MINIMUM CONCESSIONALITY LEVEL 39. EXEMPTIONS FROM COUNTRY OR PROJECT ELIGIBILITY FOR TIED AID 40. CALCULATION OF CONCESSIONALITY LEVEL OF TIED AID 41. VALIDITY PERIOD FOR TIED AID 42. MATCHING CHAPTER IV: PROCEDURES SECTION 1: COMMON PROCEDURES FOR EXPORT CREDITS AND TRADE-RELATED AID 43. NOTIFICATIONS 44. INFORMATION ON OFFICIAL SUPPORT 45. PROCEDURES FOR MATCHING 46. SPECIAL CONSULTATIONS SECTION 2: PROCEDURES FOR EXPORT CREDITS 47. PRIOR NOTIFICATION WITH DISCUSSION 48. PRIOR NOTIFICATION SECTION 3: PROCEDURES FOR TRADE-RELATED AID 49. PRIOR NOTIFICATION 50. PROMPT NOTIFICATION SECTION 4: CONSULTATION PROCEDURES FOR TIED AID 51. PURPOSE OF CONSULTATIONS 52. SCOPE AND TIMING OF CONSULTATIONS 53. OUTCOME OF CONSULTATIONS SECTION 5: INFORMATION EXCHANGE FOR EXPORT CREDITS AND TRADE-RELATED AID 54. CONTACT POINTS 55. SCOPE OF ENQUIRIES 56. SCOPE OF RESPONSES 57. FACE-TO-FACE CONSULTATIONS 58. PROCEDURES AND FORMAT OF COMMON LINES 59. RESPONSES TO COMMON LINE PROPOSALS 60. ACCEPTANCE OF COMMON LINES 61. DISAGREEMENT ON COMMON LINES 62. EFFECTIVE DATE OF COMMON LINE 63. VALIDITY OF COMMON LINES SECTION 6: OPERATIONAL PROVISIONS FOR THE COMMUNICATION OF MINIMUM INTEREST RATES (CIRRs) 64. COMMUNICATION OF MINIMUM INTEREST RATES 65. EFFECTIVE DATE FOR APPLICATION OF INTEREST RATES 66. IMMEDIATE CHANGES IN INTEREST RATES SECTION 7: REVIEWS 67. REGULAR REVIEW OF THE ARRANGEMENT 68. REVIEW OF MINIMUM INTEREST RATES 69. REVIEW OF MINIMUM PREMIUM RATES AND RELATED ISSUES ANNEX I: SECTOR UNDERSTANDING ON EXPORT CREDITS FOR SHIPS CHAPTER I: SCOPE OF THE SECTOR UNDERSTANDING 1. PARTICIPATION 2. SCOPE OF APPLICATION CHAPTER II: PROVISIONS FOR EXPORT CREDITS AND TIED AID 3. MAXIMUM REPAYMENT TERM 4. CASH PAYMENT 5. REPAYMENT OF PRINCIPAL AND PAYMENT OF INTEREST 6. MINIMUM PREMIUM 7. PROJECT FINANCE 8. AID CHAPTER III: PROCEDURES 9. NOTIFICATION 10. REVIEW ANNEX II: SECTOR UNDERSTANDING ON EXPORT CREDITS FOR NUCLEAR POWER PLANTS CHAPTER I: SCOPE OF THE SECTOR UNDERSTANDING 1. SCOPE OF APPLICATION CHAPTER II: PROVISIONS FOR EXPORT CREDITS AND TRADE-RELATED AID 2. MAXIMUM REPAYMENT TERMS 3. REPAYMENT OF PRINCIPAL AND PAYMENT OF INTEREST 4. CONSTRUCTION OF CIRRs 5. ELIGIBLE CURRENCIES 6. OFFICIAL SUPPORT FOR NUCLEAR FUEL AND FOR NUCLEAR FUEL RELATED SERVICES 7. AID CHAPTER III: PROCEDURES 8. PRIOR NOTIFICATION CHAPTER IV: REVIEW 9. FUTURE WORK 10. REVIEW AND MONITORING ANNEX III: SECTOR UNDERSTANDING ON EXPORT CREDITS FOR CIVIL AIRCRAFT PART 1: GENERAL PROVISIONS 1. PURPOSE 2. STATUS 3. PARTICIPATION 4. SCOPE OF APPLICATION 5. INFORMATION AVAILABLE TO NON-PARTICIPANTS 6. AID SUPPORT 7. ACTIONS TO AVOID OR MINIMISE LOSSES PART 2: NEW AIRCRAFT CHAPTER I: COVERAGE 8. NEW AIRCRAFT CHAPTER II: FINANCIAL TERMS AND CONDITIONS 9. ELIGIBLE CURRENCIES 10. DOWN PAYMENT AND MAXIMUM OFFICIAL SUPPORT 11. MINIMUM PREMIUM RATES 12. MAXIMUM REPAYMENT TERM 13. REPAYMENT OF PRINCIPAL AND PAYMENT OF INTEREST 14. MINIMUM INTEREST RATES 15. INTEREST RATE SUPPORT 16. FEES 17. CO-FINANCING PART 3: USED AIRCRAFT, SPARE ENGINES, SPARE PARTS, MAINTENANCE AND SERVICE CONTRACTS CHAPTER I: COVERAGE 18. USED AIRCRAFT AND OTHER GOODS AND SERVICES CHAPTER II: FINANCIAL TERMS AND CONDITIONS 19. SALE OF USED AIRCRAFT 20. SPARE ENGINES AND SPARE PARTS 21. CONTRACTS FOR CONVERSION/MAJOR MODIFICATION/REFURBISHING 22. MAINTENANCE AND SERVICE CONTRACTS 23. ENGINE KITS PART 4: TRANSPARENCY PROCEDURES SECTION 1: INFORMATION REQUIREMENTS 24. INFORMATION ON OFFICIAL SUPPORT SECTION 2: EXCHANGE OF INFORMATION 25. REQUESTS FOR INFORMATION 26. FACE-TO-FACE CONSULTATIONS 27. SPECIAL CONSULTATIONS SECTION 3: COMMON LINES 28. PROCEDURES AND FORMAT OF COMMON LINES 29. RESPONSES TO COMMON LINE PROPOSALS 30. ACCEPTANCE OF COMMON LINES 31. DISAGREEMENT ON COMMON LINES 32. EFFECTIVE DATE OF COMMON LINE 33. VALIDITY OF COMMON LINES SECTION 4: MATCHING 34. MATCHING PART 5: MONITORING AND REVIEW 35. MONITORING 36. REVIEW 37. FUTURE WORK PART 6: FINAL PROVISIONS 38. ENTRY INTO FORCE 39. TRANSITIONAL ARRANGEMENTS 40. WITHDRAWAL SECTION 1: PROCEDURES FOR RISK CLASSIFICATION I. ESTABLISHMENT OF THE LIST OF RISK CLASSIFICATIONS II. UPDATE OF THE LIST OF RISK CLASSIFICATIONS III. RESOLUTION OF DISAGREEMENTS IV. VALIDITY PERIOD OF CLASSIFICATIONS V. BUYER/BORROWER RISK CLASSIFICATION REQUEST SECTION 2: MINIMUM PREMIUM RATES FOR NEW AND USED AIRCRAFT I. ESTABLISHMENT OF THE MINIMUM PREMIUM RATES II. REDUCTIONS OF THE MINIMUM PREMIUM III. NON ASSET-BACKED TRANSACTIONS SECTION 3: MINIMUM PREMIUM RATES FOR GOODS AND SERVICES OTHER THAN USED AIRCRAFT COVERED BY PART 3 OF THIS SECTOR UNDERSTANDING I. PRELIMINARY INFORMATION II. QUESTIONS 1. MINIMUM FLOATING INTEREST RATE 2. MINIMUM FIXED INTEREST RATE 3. CONSTRUCTION OF CIRR 4. VALIDITY PERIOD OF CIRR 5. APPLICATION OF MINIMUM INTEREST RATES 6. EARLY REPAYMENT OF FIXED INTEREST RATE LOANS 7. IMMEDIATE CHANGES IN INTEREST RATES 8. MARGIN BENCHMARK ANNEX IV: SECTOR UNDERSTANDING ON EXPORT CREDITS FOR RENEWABLE ENERGY, CLIMATE CHANGE MITIGATION AND ADAPTATION, AND WATER PROJECTS CHAPTER I: SCOPE OF THE SECTOR UNDERSTANDING 1. SCOPE OF APPLICATION FOR PROJECTS IN RENEWABLE ENERGY SECTORS ELIGIBLE TO APPENDIX I 2. SCOPE OF APPLICATION FOR PROJECTS IN CLIMATE CHANGE MITIGATION SECTORS ELIGIBLE TO APPENDIX II 3. SCOPE OF APPLICATION FOR ADAPTATION PROJECTS ELIGIBLE TO APPENDIX III 4. SCOPE OF APPLICATION FOR WATER PROJECTS CHAPTER II: PROVISIONS FOR EXPORT CREDITS 5. MAXIMUM REPAYMENT TERMS 6. REPAYMENT OF PRINCIPAL AND PAYMENT OF INTEREST 7. MINIMUM INTEREST RATES 8. ELIGIBLE CURRENCIES 9. LOCAL COSTS CHAPTER III: PROCEDURES 10. PRIOR NOTIFICATION CHAPTER IV: MONITORING AND REVIEW 11. FUTURE WORK 12. MONITORING AND REVIEW ANNEX V: SECTOR UNDERSTANDING ON EXPORT CREDITS FOR RAIL INFRASTRUCTURE CHAPTER I: SCOPE OF THE SECTOR UNDERSTANDING 1. SCOPE OF APPLICATION CHAPTER II: PROVISIONS FOR EXPORT CREDITS 2. MAXIMUM REPAYMENT TERMS 3. REPAYMENT OF PRINCIPAL AND INTEREST 4. MINIMUM FIXED INTEREST RATES CHAPTER III: PROCEDURES 5. PRIOR NOTIFICATION 6. VALIDITY OF COMMON LINES CHAPTER IV: MONITORING AND REVIEW 7. MONITORING AND REVIEW ANNEX VI: TERMS AND CONDITIONS APPLICABLE TO PROJECT FINANCE TRANSACTIONS CHAPTER I: GENERAL PROVISIONS 1. SCOPE OF APPLICATION CHAPTER II: FINANCIAL TERMS AND CONDITIONS 2. MAXIMUM REPAYMENT TERMS 3. REPAYMENT OF PRINCIPAL AND PAYMENT OF INTEREST 4. MINIMUM FIXED INTEREST RATES CHAPTER III: PROCEDURES 5. PRIOR NOTIFICATION FOR PROJECT FINANCE TRANSACTIONS I. BASIC CRITERIA II. ADDITIONAL CRITERIA FOR PROJECT FINANCE TRANSACTIONS IN HIGH INCOME OECD COUNTRIES ANNEX VII: INFORMATION TO BE PROVIDED FOR NOTIFICATION I. INFORMATION TO BE PROVIDED FOR ALL NOTIFICATIONS II. ADDITIONAL INFORMATION TO BE PROVIDED, AS APPROPRIATE, FOR NOTIFICATIONS MADE IN RELATION TO SPECIFIC PROVISIONS ANNEX VIII: CALCULATION OF THE MINIMUM PREMIUM RATES ANNEX IX: MARKET BENCHMARKS FOR TRANSACTIONS IN CATEGORY ZERO COUNTRIES ANNEX X: CRITERIA AND CONDITIONS GOVERNING THE APPLICATION OF A THIRD PARTY REPAYMENT GUARANTEE AND THE CLASSIFICATION OF MULTILATERAL OR REGIONAL INSTITUTIONS ANNEX XI: BUYER RISK CATEGORIES QUALITATIVE DESCRIPTIONS ANNEX XII: CRITERIA AND CONDITIONS GOVERNING THE APPLICATION OF COUNTRY RISK MITIGATION TECHNIQUES AND BUYER RISK CREDIT ENHANCEMENTS ANNEX XIII: CHECKLIST OF DEVELOPMENTAL QUALITY ANNEX XIV: LIST OF DEFINITIONS

CHAPTER I

GENERAL PROVISIONS

1. PURPOSE

(a) The main purpose of the Arrangement on Officially Supported Export Credits, referred to throughout this document as the Arrangement, is to provide a framework for the orderly use of officially supported export credits.

(b) The Arrangement seeks to foster a level playing field for official support, as defined in Article 5(a), in order to encourage competition among exporters based on quality and price of goods and services exported rather than on the most favourable officially supported financial terms and conditions.

2. STATUS

The Arrangement, developed within the OECD framework, initially came into effect in April 1978 and is of indefinite duration. The Arrangement is a Gentlemen's Agreement among the Participants; it is not an OECD Act ( 5 ), although it receives the administrative support of the OECD Secretariat (hereafter: ‘the Secretariat’).

3. PARTICIPATION

The Participants to the Arrangement currently are: Australia, Canada, the European Union, Japan, Korea, New Zealand, Norway, Switzerland and the United States. Other OECD Members and non-members may be invited to become Participants by the current Participants.

4. INFORMATION AVAILABLE TO NON-PARTICIPANTS

(a) The Participants undertake to share information with non-Participants on notifications related to official support as set out in Article 5(a).

(b) A Participant shall, on the basis of reciprocity, reply to a request from a non-Participant in a competitive situation on the financial terms and conditions offered for its official support, as it would reply to a request from a Participant.

5. SCOPE OF APPLICATION

The Arrangement shall apply to all official support provided by or on behalf of a government for export of goods and/or services, including financial leases, which have a repayment term of two years or more.

(a) Official support may be provided in different forms: (1) Export credit guarantee or insurance (pure cover). (2) Official financing support: direct credit/financing and refinancing, or interest rate support. (3) Any combination of the above.

(b) The Arrangement shall apply to tied aid; the procedures set out in Chapter IV shall also apply to trade-related untied aid.

(c) The Arrangement does not apply to exports of Military Equipment and Agricultural Commodities.

(d) Official support shall not be provided if there is clear evidence that the contract has been structured with a purchaser in a country which is not the final destination of the goods, primarily with the aim of obtaining more favourable repayment terms.

6. SECTOR UNDERSTANDINGS

(a) The following Sector Understandings are part of the Arrangement: — Ships (Annex I) — Nuclear Power Plants (Annex II) — Civil Aircraft (Annex III) — Renewable Energy, Climate Change Mitigation and Adaptation, and Water Projects (Annex IV) — Rail Infrastructure (Annex V)

(b) A Participant to a Sector Understanding may apply its provisions for official support for export of goods and/or services covered by that Sector Understanding. Where a Sector Understanding does not include a corresponding provision to that of the Arrangement, a Participant to the Sector Understanding shall apply the provision of the Arrangement.

7. PROJECT FINANCE

(a) The Participants may apply the terms and conditions set out in Annex VI to the export of goods and/or services for transactions that meet the criteria set out in Appendix 1 of Annex VI.

(b) Paragraph (a) above applies to the export of goods and services covered by the Sector Understanding on Export Credits for Nuclear Power Plants, the Sector Understanding on Export Credits for Renewable Energy, Climate Change Mitigation and Adaptation, and Water Projects, and the Sector Understanding on Export Credits for Railway Infrastructure.

(c) Paragraph (a) above does not apply to the export of goods and services covered by the Sector Understanding on Export Credits for Civil Aircraft or the Sector Understanding on Export Credits for Ships.

8. WITHDRAWAL

A Participant may withdraw by notifying the Secretariat in writing by means of instant communication, e.g. the OECD On-Line Information System (OLIS). The withdrawal takes effect 180 calendar days after receipt of the notification by the Secretariat.

9. MONITORING

The Secretariat shall monitor the implementation of the Arrangement.

CHAPTER II

FINANCIAL TERMS AND CONDITIONS FOR EXPORT CREDITS

Financial terms and conditions for export credits encompass all the provisions set out in this Chapter which shall be read in conjunction one with the other.

The Arrangement sets out limitations on terms and conditions that may be officially supported. The Participants recognise that more restrictive financial terms and conditions than those provided for by the Arrangement traditionally apply to certain trade or industrial sectors. The Participants shall continue to respect such customary financial terms and conditions, in particular the principle by which repayment terms do not exceed the useful life of the goods.

10. DOWN PAYMENT, MAXIMUM OFFICIAL SUPPORT AND LOCAL COSTS

(a) The Participants shall require purchasers of goods and services which are the subject of official support to make down payments of a minimum of 15 % of the export contract value at or before the starting point of credit as defined in Annex XIV. For the assessment of down payments, the export contract value may be reduced proportionally if the transaction includes goods and services from a third country which are not officially supported. Financing/insurance of 100 % of the premium is permissible. Premium may or may not be included in the export contract value. Retention payments made after the starting point of credit are not regarded as down payment in this context.

(b) Official support for such down payments shall only take the form of insurance or guarantee against the usual pre-credit risks.

(c) Except as provided for in paragraphs (b) and (d), the Participants shall not provide official support in excess of 85 % of the export contract value, including third country supply but excluding local costs.

(d) The Participants may provide official support for local costs, provided that: (1) Official support provided for local costs shall not exceed 30 % of the export contract value. (2) It shall not be provided on terms more favourable/less restrictive than those agreed for the related exports. (3) Where official support for local cost exceeds 15 % of the export contract value, such official support shall be subject to prior notification, pursuant to Article 48, specifying the nature of the local costs being supported.

11. CLASSIFICATION OF COUNTRIES FOR MAXIMUM REPAYMENT TERMS

(a) Category I countries are High Income ( 6 ) OECD countries. All other countries are in Category II.

(b) The following operational criteria and procedures apply when classifying countries: (1) Classification for Arrangement purposes is determined by per capita GNI as calculated by the World Bank for the purposes of the World Bank classification of borrowing countries. (2) In cases where the World Bank does not have enough information to publish per capita GNI data, the World Bank shall be asked to estimate whether the country in question has per capita GNI above or below the current threshold. The country shall be classified according to the estimate unless the Participants decide to act otherwise. (3) If a country is reclassified in accordance with Article 11(a), the reclassification will take effect two weeks after the conclusions drawn from the above-mentioned data from the World Bank have been communicated to all Participants by the Secretariat. (4) In cases where the World Bank revises figures, such revisions shall be disregarded in relation to the Arrangement. Nevertheless, the classification of a country may be changed by way of a Common Line and Participants would favourably consider a change due to errors and omissions in the figures subsequently recognised in the same calendar year in which the figures were first distributed by the Secretariat.

(c) A country will change category only after its World Bank category has remained unchanged for two consecutive years.

12. MAXIMUM REPAYMENT TERMS

Without prejudice to Article 13, the maximum repayment term varies according to the classification of the country of destination determined by the criteria in Article 11.

(a) For Category I countries, the maximum repayment term is five years, with the possibility of agreeing up to eight-and-a-half years when the procedures for prior notification set out in Article 48 are followed.

(b) For Category II countries, the maximum repayment term is ten years.

(c) In the event of a contract involving more than one country of destination the Participants should seek to establish a Common Line in accordance with the procedures in Articles 58 to 63 to reach agreement on appropriate terms.

13. REPAYMENT TERMS FOR NON-NUCLEAR POWER PLANTS

(a) For non-nuclear power plants, the maximum repayment term shall be 12 years. If a Participant intends to support a repayment term longer than that provided for in Article 12, the Participant shall give prior notification in accordance with the procedure in Article 48.

(b) Non-nuclear power plants are complete power stations, or parts thereof, not fuelled by nuclear power; they include all components, equipment, materials and services (including the training of personnel) directly required for the construction and commissioning of such non-nuclear power stations. This does not include items for which the buyer is usually responsible, in particular costs associated with land development, roads, construction villages, power lines, and switchyard and water supply located outside the power plant site boundary, as well as costs arising in the buyer's country from official approval procedures (e.g. site permits, construction permit, fuel loading permits), except: (1) in cases where the buyer of the switchyard is the same as the buyer of the power plant, the maximum repayment term for the original switchyard shall be the same as that for the non-nuclear power plant (i.e. 12 years); and (2) the maximum repayment term for sub-stations, transformers and transmission lines with a minimum voltage threshold of 100 kV shall be the same as that for the non-nuclear power plant.

14. REPAYMENT OF PRINCIPAL AND PAYMENT OF INTEREST

(a) The principal sum of an export credit shall be repaid in equal instalments.

(b) Principal shall be repaid and interest shall be paid no less frequently than every six months and the first instalment of principal and interest shall be made no later than six months after the starting point of credit.

(c) For export credits provided in support of lease transactions, equal repayments of principal and interest combined may be applied in lieu of equal repayments of principal as set out in paragraph (a).

(d) On an exceptional and duly justified basis, export credits may be provided on terms other than those set out in paragraphs (a) through (c) above. The provision of such support shall be explained by an imbalance in the timing of the funds available to the obligor and the debt service profile available under an equal, semi-annual repayment schedule, and shall comply with the following criteria: (1) No single repayment of principal or series of principal payments within a six-month period shall exceed 25 % of the principal sum of the credit. (2) Principal shall be repaid no less frequently than every 12 months. The first repayment of principal shall be made no later than 12 months after the starting point of credit and no less than 2 % of the principal sum of the credit shall have been repaid 12 months after the starting point of credit. (3) Interest shall be paid no less frequently than every 12 months and the first interest payment shall be made no later than six months after the starting point of credit. (4) The maximum weighted average life of the repayment period shall not exceed: — For transactions with sovereign buyers (or with a sovereign repayment guarantee), four-and-a-half years for transactions in Category I Countries and five-and-a-quarter years for Category II Countries. — For transactions with non-sovereign buyers (and with no sovereign repayment guarantee), five years for Category I Countries and six years for Category II Countries. — Notwithstanding the provisions set out in the two previous tirets, for transactions involving support for non-nuclear power plants according to Article 13, six-and-a-quarter years. (5) The Participant shall give prior notification in accordance with Article 48 that explains the reason for not providing support according to paragraphs (a) through (c) above.

(e) Interest due after the starting point of credit shall not be capitalised.

15. INTEREST RATES, PREMIUM RATES AND OTHER FEES

(a) Interest excludes: (1) any payment by way of premium or other charge for insuring or guaranteeing supplier credits or financial credits; (2) any payment by way of banking fees or commissions relating to the export credit other than annual or semi-annual bank charges that are payable throughout the repayment period; and (3) withholding taxes imposed by the importing country.

(b) Where official support is provided by means of direct credits/financing or refinancing, the premium either may be added to the face value of the interest rate or may be a separate charge; both components are to be specified separately to the Participants.

16. VALIDITY PERIOD FOR EXPORT CREDITS

Financial terms and conditions for an individual export credit or line of credit, other than the validity period for the Commercial Interest Reference Rates (CIRRs) set out in Article 21, shall not be fixed for a period exceeding six months prior to final commitment.

17. ACTION TO AVOID OR MINIMISE LOSSES

The Arrangement does not prevent export credit authorities or financing institutions from agreeing to less restrictive financial terms and conditions than those provided for by the Arrangement, if such action is taken after the contract award (when the export credit agreement and ancillary documents have already become effective) and is intended solely to avoid or minimise losses from events which could give rise to non-payment or claims.

18. MATCHING

Taking into account a Participant's international obligations and consistent with the purpose of the Arrangement, a Participant may match, according to the procedures set out in Article 45, financial terms and conditions offered by a Participant or a non-Participant. Financial terms and conditions provided in accordance with this Article are considered to be in conformity with the provisions of Chapters I, II and, when applicable, Annexes I, II, III, IV, V and VI.

19. MINIMUM FIXED INTEREST RATES UNDER OFFICIAL FINANCING SUPPORT

(a) The Participants providing official financing support for fixed rate loans shall apply the relevant CIRRs as minimum interest rates. CIRRs are interest rates established according to the following principles: (1) CIRRs should represent final commercial lending interest rates in the domestic market of the currency concerned; (2) CIRRs should closely correspond to the rate for first class domestic borrowers; (3) CIRRs should be based on the funding cost of fixed interest rate finance; (4) CIRRs should not distort domestic competitive conditions; and (5) CIRRs should closely correspond to a rate available to first class foreign borrowers.

(b) The provision of official financing support shall not offset or compensate, in part or in full, for the appropriate credit risk premium to be charged for the risk of non-repayment pursuant to the provisions of Article 23.

20. CONSTRUCTION OF CIRRs

(a) Each Participant wishing to establish a CIRR shall initially select one of the following two base rate systems for its national currency: (1) three-year government bond yields for a repayment term of up to and including five years; five-year government bond yields for over five and up to and including eight-and-a-half years; and seven-year government bond yields for over eight-and-a-half years; or (2) five-year government bond yields for all maturities. Exceptions to the base rate system shall be agreed by the Participants.

(b) CIRRs shall be set at a fixed margin of 100 basis points above each Participant's base rate unless Participants have agreed otherwise.

(c) Other Participants shall use the CIRR set for a particular currency should they decide to finance in that currency.

(d) A Participant may change its base-rate system after giving six months' advance notice and with the counsel of the Participants.

(e) A Participant or a non-Participant may request that a CIRR be established for the currency of a non-Participant. In consultation with the interested non-Participant, a Participant or the Secretariat on behalf of that non-Participant may make a proposal for the construction of the CIRR in that currency using Common Line procedures in accordance with Articles 58 to 63.

21. VALIDITY OF CIRRs

The interest rate applying to a transaction shall not be fixed for a period longer than 120 days. A margin of 20 basis points shall be added to the relevant CIRR if the terms and conditions of the official financing support are fixed before the contract date.

22. APPLICATION OF CIRRs

(a) Where official financing support is provided for floating rate loans, banks and other financing institutions shall not be allowed to offer the option of the lower of either the CIRR (at time of the original contract) or the short-term market rate throughout the life of the loan.

(b) In the event of a voluntary, early repayment of a loan of or any portion thereof, the borrower shall compensate the government institution providing official financing support for all costs and losses incurred as a result of such early repayment, including the cost to the government institution of replacing the part of the fixed rate cash inflow interrupted by the early repayment.

23. PREMIUM FOR CREDIT RISK

The Participants shall charge premium, in addition to interest charges, to cover the risk of non-repayment of export credits. The premium rates charged by the Participants shall be risk-based, shall converge and shall not be inadequate to cover long-term operating costs and losses.

24. MINIMUM PREMIUM RATES FOR CREDIT RISK

The Participants shall charge no less than the applicable Minimum Premium Rate (MPR) for Credit Risk.

(a) The applicable MPR is determined according to the following factors: — the applicable country risk classification; — the time at risk (i.e. the Horizon of Risk or HOR); — the selected buyer risk category of the obligor; — the percentage of political and commercial risk cover and quality of official export credit product provided; — any country risk mitigation technique applied; and — any buyer risk credit enhancements that have been applied.

(b) MPRs are expressed in percentages of the principal value of the credit as if premium were collected in full at the date of the first drawdown of the credit. An explanation of how to calculate the MPRs, including the mathematical formula, is provided in Annex VIII.

(c) There are no MPRs for transactions involving obligors in Category 0 countries, High Income OECD Countries and High Income Euro Area Countries ( 7 ). The premium rates charged by Participants for transactions in such countries shall be determined on a case-by-case basis. In order to ensure that the premium rates charged for transactions involving obligors in such countries do not undercut private market pricing, the Participants shall adhere to the following procedure: — Taking into consideration the availability of market information and the characteristics of the underlying transaction, Participants shall determine the premium rate to be applied by benchmarking against one or more of the market benchmarks set forth in Annex IX, choosing the benchmark(s) deemed most appropriate for the specific transaction. — Notwithstanding the preceding paragraph, if the relevance of the market information is limited for liquidity or other reasons, or if the transaction is small (credit value below Special Drawing Rights (SDR) 10 million), the Participants shall charge no less than the MPR corresponding to the appropriate buyer risk category in Country Risk Category 1. — On a temporary basis ( 8 ), the Participants shall give prior notification according to Article 48 for any transaction with obligor/guarantor in a Category 0 country, High Income OECD Country or High Income Euro Area Country having a credit value of greater than SDR 10 million.

(d) The ‘highest risk’ countries in Category 7 shall, in principle, be subject to premium rates in excess of the MPRs established for that Category; these premium rates shall be determined by the Participant providing official support.

(e) In calculating the MPR for a transaction, the applicable country risk classification shall be the classification of the obligor's country and the applicable buyer risk classification shall be the classification of the obligor ( 9 ), unless: — security in the form of an irrevocable, unconditional, on-demand, legally valid and enforceable guarantee of the total debt repayment obligation for the entire duration of the credit is provided by a third party that is creditworthy in relation to the size of the guaranteed debt. In the case of a third party guarantee, a Participant may choose to apply the country risk classification of the country in which the guarantor is located and the buyer risk category of the guarantor ( 10 ); or — a Multilateral or Regional Institution as set out in Article 28 is acting either as borrower or guarantor for the transaction, in which case the applicable Country Risk Classification and buyer risk category may be that of the specific Multilateral or Regional Institution involved.

(f) The criteria and conditions relating to the application of a third party guarantee according to the situations described in the first and second tirets of paragraph (e) above are set out in Annex X.

(g) The HOR convention used in the calculation of an MPR is one-half of the disbursement period plus the entire repayment period and assumes a regular export credit repayment profile, i.e. repayment in equal semi-annual instalments of principal plus accrued interest beginning six months after the starting point of credit. For export credits with non-standard repayment profiles, the equivalent repayment period (expressed in terms of equal, semi-annual instalments) is calculated using the following formula: equivalent repayment period = (average weighted life of the repayment period – 0,25)/0,5.

(h) The Participant choosing to apply an MPR associated with a third party guarantor located in a country other than that of the obligor shall give prior notification according to Article 47. The Participant choosing to apply a MPR associated with a Multilateral or Regional Institution acting as a guarantor shall give prior notification in accordance with Article 48.

25. COUNTRY RISK CLASSIFICATION

With the exception of High Income OECD countries and High Income Euro Area countries, countries shall be classified according to the likelihood of whether they will service their external debts (i.e. country credit risk).

(a) The five elements of country credit risk are: — general moratorium on repayments decreed by the obligor's/guarantor's government or by that agency of a country through which repayment is effected; — political events and/or economic difficulties arising outside the country of the notifying Participant or legislative/administrative measures taken outside the country of the notifying Participant which prevent or delay the transfer of funds paid in respect of the credit; — legal provisions adopted in the obligor's/guarantor's country declaring repayments made in local currency to be a valid discharge of the debt, notwithstanding that, as a result of fluctuations in exchange rates, such repayments, when converted into the currency of the credit, no longer cover the amount of the debt at the date of the transfer of funds; — any other measure or decision of the government of a foreign country which prevents repayment under a credit; and — cases of force majeure occurring outside the country of the notifying Participant, i.e. war (including civil war), expropriation, revolution, riot, civil disturbances, cyclones, floods, earthquakes, eruptions, tidal waves and nuclear accidents.

(b) Countries are classified into one of eight Country Risk Categories (0-7). MPRs have been established for Categories 1 through 7, but not for Category 0, as the level of country risk is considered to be negligible for countries in this Category. The credit risk associated with transactions in Category 0 countries is predominantly related to the risk of the obligor/guarantor.

(c) The classification of countries ( 11 ) is achieved through the Country Risk Classification Methodology, which is comprised of: — The Country Risk Assessment Model (the Model), which produces a quantitative assessment of country credit risk which is based, for each country, on three groups of risk indicators: the payment experience of the Participants, the financial situation and the economic situation. The methodology of the Model consists of different steps including the assessment of the three groups of risk indicators, and the combination and flexible weighting of the risk indicator groups. — The qualitative assessment of the Model results, considered country-by-country to integrate the political risk and/or other risk factors not taken into account in full or in part by the Model. If appropriate, this may lead to an adjustment to the quantitative Model assessment to reflect the final assessment of the country credit risk.

(d) Country Risk Classifications shall be monitored on an on-going basis and reviewed at least annually and changes resulting from the Country Risk Classification Methodology shall be immediately communicated by the Secretariat. When a country is re-classified in a lower or higher Country Risk Category, the Participants shall, no later than five working days after the re-classification has been communicated by the Secretariat, charge premium rates at or above the MPRs associated with the new Country Risk Category.

(e) The country risk classifications shall be made public by the Secretariat.

26. SOVEREIGN RISK ASSESSMENT

(a) For all countries classified through the Country Risk Classification Methodology according to Article 25(d), the risk of the sovereign shall be assessed in order to identify, on an exceptional basis, those sovereigns: — that are not the lowest-risk obligor in the country and; — whose credit risk is significantly higher than country risk.

(b) The identification of sovereigns meeting the criteria listed in paragraph (a) above shall be undertaken according to the Sovereign Risk Assessment Methodology that has been developed and agreed by the Participants.

(c) The list of sovereigns identified as meeting the criteria listed in paragraph (a) above shall be monitored on an on-going basis and reviewed at least annually and changes resulting from the Sovereign Risk Assessment Methodology shall be immediately communicated by the Secretariat.

(d) The list of sovereigns identified under paragraph (b) above shall be made public by the Secretariat.

27. BUYER RISK CLASSIFICATION

Obligors and, as appropriate, guarantors in countries classified in Country Risk Categories 1-7 shall be classified into one of the buyer risk categories that have been established in relation to the country of the obligor/guarantor ( 12 ). The matrix of buyer risk categories into which obligors and guarantors shall be classified is provided in Annex VIII. Qualitative descriptions of the buyer risk categories are provided in Annex XI.

(a) Buyer-risk classifications shall be based on the senior unsecured credit rating of the obligor/guarantor as determined by the Participant.

(b) Notwithstanding paragraph (a) above, transactions supported according to the terms and conditions of Annex VI and transactions having a credit value of SDR 5 million or less may be classified on a transaction basis, i.e. after the application of any buyer risk credit enhancements; however, such transactions, regardless of how they are classified, are not eligible for any discounts for the application of buyer risk credit enhancements.

(c) Sovereign obligors and guarantors are classified in buyer risk category SOV/CC0.

(d) On an exceptional basis, non-sovereign obligors and guarantors may be classified in the ‘Better than Sovereign’ (SOV+) buyer risk category ( 13 ) if: — the obligor/guarantor has a foreign currency rating from an accredited credit rating agency (CRA) ( 14 ) that is better than the foreign currency rating (from the same CRA) of their respective sovereign, or — the obligor/guarantor's is located in a country in which sovereign risk has been identified as being significantly higher than country risk.

(e) The Participants shall give prior notification according to Article 48 for transactions: — with a non-sovereign obligor/guarantor where the premium charged is below that set by Buyer Risk Category CC1, i.e. CC0 or SOV+; — with a non-sovereign obligor/guarantor having a credit value of greater than SDR 5 million where a Participant assesses a buyer risk rating for a non-sovereign obligor/guarantor that is rated by an Accredited CRA, and the buyer risk rating assessed is better than the Accredited CRA rating ( 15 ).

(f) In the event of competition for a specific transaction, whereby the obligor/guarantor has been classified by competing Participants in different buyer risk categories, the competing Participants shall seek to arrive at a common buyer risk classification. If agreement on a common classification is not reached, the Participant(s) having classified the obligor/guarantor in a higher buyer risk classification are not prohibited from applying the lower buyer risk classification.

28. CLASSIFICATION OF MULTILATERAL AND REGIONAL INSTITUTIONS

Multilateral and Regional Institutions shall be classified into one of eight Country Risk Categories (0-7) ( 16 ) and reviewed as appropriate; such applicable classifications shall be made public by the Secretariat.

29. PERCENTAGE AND QUALITY OF OFFICIAL EXPORT CREDIT COVER

The MPRs are differentiated to take account of the differing quality of export credit products and percentage of cover provided by the Participants as set out in Annex VIII. The differentiation is based on the exporter's perspective (i.e. to neutralise the competitive effect arising from the differing qualities of product provided to the exporter/financial institution).

(a) The quality of an export credit product is a function of whether the product is insurance, guarantee or direct credit/financing, and for insurance products whether cover of interest during the claims waiting period (i.e. the period between the due date of payment by the obligor and the date that the insurer is liable to reimburse the exporter/financial institution) is provided without a surcharge.

(b) All existing export credit products offered by the Participants shall be classified into one of the three product categories which are: — Below standard product, i.e. insurance without cover of interest during the claims waiting period and insurance with cover of interest during the claims waiting period with an appropriate premium surcharge; — Standard product, i.e. insurance with cover of interest during the claims waiting period without an appropriate premium surcharge and direct credit/financing; and — Above standard product, i.e. guarantees.

30. COUNTRY RISK MITIGATION TECHNIQUES

(a) The Participants may apply the following country risk mitigation techniques, the specific application of which is set out in Annex XII: — Offshore Future Flow Structure Combined with Offshore Escrow Account — Local Currency Financing

(b) The Participant applying an MPR reflecting the use of country risk mitigation shall give prior notification according to Article 47.

31. BUYER RISK CREDIT ENHANCEMENTS

(a) The Participants may apply the following buyer risk credit enhancements (BRCE) which allow for the application of a Credit Enhancement Factor (CEF) greater than 0: — Assignment of Contract Proceeds or Receivables — Asset Base Security — Fixed Asset Security — Escrow Account

(b) Definitions of the BRCE and maximum CEF values are set out in Annex XII.

(c) BRCEs may be used alone or in combination with the following restrictions: — The maximum CEF that can be achieved through the use of the BRCEs is 0,35. — ‘Asset Based Security’ and ‘Fixed Asset Security’ cannot be used together in one transaction. — In the event that applicable country risk classification has been improved through the use of ‘Offshore Future Flow Structure Combined with Offshore Escrow Account’, no BRCEs may be applied.

(d) The Participants shall give prior notification according to Article 48 for transactions with a non-sovereign obligor/guarantor having a credit of greater than SDR 5 million where BRCEs result in the application of a CEF of greater than 0.

32. REVIEW OF THE VALIDITY OF THE MINIMUM PREMIUM RATES FOR CREDIT RISK

(a) To assess the adequacy of MPRs and to allow, if necessary, for adjustments, either upwards or downwards, Premium Feedback Tools (PFTs), shall be used in parallel to monitor and adjust the MPRs on a regular basis.

(b) The PFTs shall assess the adequacy of the MPRs in terms of both the actual experience of institutions providing official export credits as well as private market information on the pricing of credit risk.

(c) A comprehensive review of all aspects of the premium rules of the Arrangement shall take place no later than 31 December 2015.

CHAPTER III

PROVISIONS FOR TIED AID

33. GENERAL PRINCIPLES

(a) The Participants have agreed to have complementary policies for export credits and tied aid. Export credit policies should be based on open competition and the free play of market forces. Tied aid policies should provide needed external resources to countries, sectors or projects with little or no access to market financing. Tied aid policies should ensure best value for money, minimise trade distortion, and contribute to developmentally effective use of these resources.

(b) The tied aid provisions of the Arrangement do not apply to the aid programmes of multilateral or regional institutions.

(c) These principles do not prejudge the views of the Development Assistance Committee (DAC) on the quality of tied and untied aid.

(d) A Participant may request additional information relevant to the tying status of any form of aid. If there is uncertainty as to whether a certain financing practice falls within the scope of the definition of tied aid set out in Annex XIV, the donor country shall furnish evidence in support of any claim to the effect that the aid is in fact ‘untied’ in accordance with the definition in Annex XIV.

34. FORMS OF TIED AID

Tied aid can take the form of:

(a) Official Development Assistance (ODA) loans as defined in the ‘DAC Guiding Principles for Associated Financing and Tied and Partially Untied Official Development Assistance (1987)’;

(b) ODA grants as defined in the ‘DAC Guiding Principles for Associated Financing and Tied and Partially Untied Official Development Assistance (1987)’; and

(c) Other Official Flows (OOF), which includes grants and loans but excludes officially supported export credits that are in conformity with the Arrangement; or

(d) Any association, e.g. mixture, in law or in fact, within the control of the donor, the lender or the borrower involving two or more of the preceding, and/or the following financing components: (1) an export credit that is officially supported by way of direct credit/financing, refinancing, interest rate support, guarantee or insurance to which the Arrangement applies; and (2) other funds at or near market terms, or down payment from the purchaser.

35. ASSOCIATED FINANCING

(a) Associated financing may take various forms including mixed credits, mixed financing, joint financing, parallel financing or single integrated transactions. The main characteristics are that they all feature: — a concessional component that is linked in law or in fact to the non-concessional component; — either a single part or all of the financing package that is, in effect, tied aid; and — concessional funds those are available only if the linked non-concessional component is accepted by the recipient.

(b) Association or linkage ‘in fact’ is determined by such factors as: — the existence of informal understandings between the recipient and the donor authorities; — the intention by the donor to facilitate the acceptability of a financing package through the use of ODA; — the effective tying of the whole financing package to procurement in the donor country; — the tying status of ODA and the means of tendering for or contracting of each financing transaction; or — any other practice, identified by the DAC or the Participants in which a de facto liaison exists between two or more financing components.

(c) The following practices shall not prevent the determination of an association or linkage ‘in fact’: — contract splitting through the separate notification of the component parts of one contract; — splitting of contracts financed in several stages; — non-notification of interdependent parts of a contract; and/or — non-notification because part of the financing package is untied.

36. COUNTRY ELIGIBILITY FOR TIED AID

(a) There shall be no tied aid to countries whose per capita GNI, according to the World Bank data, is above the upper limit for lower middle income countries. The World Bank recalculates this threshold on an annual basis ( 17 ). A country will be reclassified only after its World Bank category has been unchanged for two consecutive years.

(b) The following operational criteria and procedures apply when classifying countries: (1) Classification for Arrangement purposes is determined by per capita GNI as calculated by the World Bank for the purposes of the World Bank classification of borrowing countries; this classification shall be made public by the Secretariat. (2) In cases where the World Bank does not have enough information to publish per capita GNI data, the World Bank shall be asked to estimate whether the country in question has per capita GNI above or below the current threshold. The country shall be classified according to the estimate unless the Participants decide to act otherwise. (3) If a country's eligibility for tied aid does change in accordance with paragraph (a) above, the reclassification shall take effect two weeks after the conclusions drawn from the above mentioned World Bank data have been communicated to all Participants by the Secretariat. Before the effective date of reclassification, no tied aid financing for a newly eligible country may be notified; after that date, no tied aid financing for a newly promoted country may be notified, except that individual transactions covered under a prior committed credit line may be notified until the expiry of the credit line (which shall be no more than one year from the effective date). (4) In cases where the World Bank revises figures such revisions shall be disregarded in relation to the Arrangement. Nevertheless, the classification of a country may be changed by way of a Common Line, in accordance with the appropriate procedures in Articles 58 to 63, and the Participants would favourably consider a change due to errors and omissions in the figures subsequently recognised in the same calendar year as the figures that were first distributed by the Secretariat.

37. PROJECT ELIGIBILITY

(a) Tied aid shall not be extended to public or private projects that normally should be commercially viable if financed on market or Arrangement terms.

(b) The key tests for such aid eligibility are: — whether the project is financially non-viable, i.e. does the project lack capacity with appropriate pricing determined on market principles, to generate cash flow sufficient to cover the project's operating costs and to service the capital employed, i.e. the first key test; or — whether it is reasonable to conclude, based on communication with other Participants, that it is unlikely that the project can be financed on market or Arrangement terms, i.e. the second key test. In respect of projects larger than SDR 50 million special weight shall be given to the expected availability of financing at market or Arrangement terms when considering the appropriateness of such aid.

(c) The key tests under paragraph (b) above are intended to describe how a project should be evaluated to determine whether it should be financed with such aid or with export credits on market or Arrangement terms. Through the consultation process described in Articles 51 to 53, a body of experience is expected to develop over time that will more precisely define, for both export credit and aid agencies, ex ante guidance as to the line between the two categories of projects.

38. MINIMUM CONCESSIONALITY LEVEL

The Participants shall not provide tied aid that has a concessionality level of less than 35 %, or 50 % if the beneficiary country is a Least Developed Country (LDC), except for the cases set out below, which are also exempt from the notification procedures set out in Articles 49(a) and 50(a):

(a) Technical assistance: tied aid where the official development aid component consists solely of technical co-operation that is less than either 3 % of the total value of the transaction or SDR 1 million, whichever is lower; and

(b) Small projects: capital projects of less than SDR 1 million that are funded entirely by development assistance grants.

39. EXEMPTIONS FROM COUNTRY OR PROJECT ELIGIBILITY FOR TIED AID

(a) The provisions of Articles 36 and 37 do not apply to tied aid where the concessionality level is 80 % or more except for tied aid that forms part of an associated financing package, described in Article 35.

(b) The provisions of Article 37 do not apply to tied aid with a value of less than SDR 2 million except for tied aid that forms part of an associated financing package, described in Article 35.

(c) Tied aid for LDCs as defined by the United Nations is not subject to the provisions of Articles 36 and 37.

(d) The Participants shall give favourable consideration to an acceleration of tied aid procedures in line with the specific circumstances: — a nuclear or major industrial accident that causes serious trans-frontier pollution, where any affected Participant wishes to provide tied aid to eliminate or mitigate its effects, or — the existence of a significant risk that such an accident may occur, where any potentially affected Participant wishes to provide tied aid to prevent its occurrence.

(e) Notwithstanding Articles 36 and 37, a Participant may, exceptionally, provide support by one of the following means: — the Common Line procedure as defined in Annex XIV and described in Articles 58 to 63; or — the justification on aid grounds through support by a substantial body of the Participants as described in Articles 51 and 52; or — a letter to the OECD Secretary-General, in accordance with the procedures in Article 53, which the Participants expect will be unusual and infrequent.

40. CALCULATION OF CONCESSIONALITY LEVEL OF TIED AID

The concessionality level of tied aid is calculated using the same method as for the grant element used by the DAC, except that:

(a) The discount rate used to calculate the concessionality level of a loan in a given currency, i.e. the Differentiated Discount Rate (DDR), is subject to annual change on 15 January and is calculated as follows: — The average of the CIRR + Margin — Margin (M) depends on the repayment term (R) as follows: —



R M less than 15 years 0,75 from 15 years up to, but not including 20 years 1,00 from 20 years 1,15 from 30 years and above 1,25 — For all currencies the average of the CIRR is calculated taking an average of the monthly CIRRs valid during the six-month period between 15 August of the previous year and 14 February of the current year. The calculated rate, including the Margin, is rounded to the nearest ten basis points. If there is more than one CIRR for the currency, the CIRR for the longest maturity as set out in Article 20(a), shall be used for this calculation.

(b) The base date for the calculation of the concessionality level is the starting point of credit as set out in Annex XIV.

(c) For the purpose of calculating the overall concessionality level of an associated financing package, the concessionality levels of the following credits, funds and payments are considered to be zero: — export credits that are in conformity with the Arrangement; — other funds at or near market rates; — other official funds with a concessionality level of less than the minimum permitted under Article 38 except in cases of matching; and — down payment from the purchaser. Payments on or before the starting point of credit that are not considered down payment shall be included in the calculation of the concessionality level.

(d) The discount rate in matching: in matching aid, identical matching means matching with an identical concessionality level that is recalculated with the discount rate in force at the time of matching.

(e) Local costs and third country procurement shall be included in the calculation of concessionality level only if they are financed by the donor country.

(f) The overall concessionality level of a package is determined by multiplying the nominal value of each component of the package by the respective concessionality level of each component, adding the results, and dividing this total by the aggregate nominal value of the components.

(g) The discount rate for a given aid loan is the rate in effect at the time of notification. However, in cases of prompt notification, the discount rate is the one in effect at the time when the terms and conditions of the aid loan were fixed. A change in the discount rate during the life of a loan does not change its concessionality level.

(h) If a change of currency is made before the contract is concluded, the notification shall be revised. The discount rate used to calculate the concessionality level will be the one applicable at the date of revision. A revision is not necessary if the alternative currency and all the necessary information for calculation of the concessionality level are indicated in the original notification.

(i) Notwithstanding paragraph (g) above, the discount rate used to calculate the concessionality level of individual transactions initiated under an aid credit line shall be the rate that was originally notified for the credit line.

41. VALIDITY PERIOD FOR TIED AID

(a) The Participants shall not fix terms and conditions for tied aid, whether this relates to the financing of individual transactions or to an aid protocol, an aid credit line or to a similar agreement, for more than two years. In the case of an aid protocol, an aid credit line or similar agreement, the validity period shall commence at the date of its signature, to be notified in accordance with Article 50; the extension of a credit line shall be notified as if it were a new transaction with a note explaining that it is an extension and that it is renewed at terms allowed at the time of the notification of the extension. In the case of individual transactions, including those notified under an aid protocol, an aid credit line or similar agreement, the validity period shall commence at the date of notification of the commitment in accordance with Article 49 or 50, as appropriate.

(b) When a country has become ineligible for 17-year World Bank Loans for the first time, the validity period of existing and new tied aid protocols and credit lines notified shall be restricted to one year after the date of the potential reclassification in accordance with procedures in Article 36(b).

(c) Renewal of such protocols and credit lines is possible only on terms which are in accordance with the provisions of Articles 36 and 37 of the Arrangement following: — the reclassification of countries; and — a change in the provisions of the Arrangement.

In these circumstances, the existing terms and conditions can be maintained notwithstanding a change in the discount rate set out in Article 40.

42. MATCHING

Taking into account a Participant's international obligations and consistent with the purpose of the Arrangement, a Participant may match, according to the procedures set out in Article 45, financial terms and conditions offered by a Participant or a non-Participant.

CHAPTER IV

PROCEDURES

SECTION 1

Common procedures for export credits and trade-related aid

43. NOTIFICATIONS

The notifications set out by the procedures in the Arrangement shall be made in accordance with, and include the information contained in Annex VII, and shall be copied to the Secretariat.

44. INFORMATION ON OFFICIAL SUPPORT

(a) As soon as a Participant commits the official support which it has notified in accordance with the procedures in Articles 47 to 50, it shall inform all other Participants accordingly by including the notification reference number on the relevant reporting form.

(b) In an exchange of information in accordance with Articles 55 to 57, a Participant shall inform the other Participants of the credit terms and conditions that it envisages supporting for a particular transaction and may request similar information from the other Participants.

45. PROCEDURES FOR MATCHING

(a) Before matching financial terms and conditions assumed to be offered by a Participant or a non-Participant pursuant to Articles 18 and 42, a Participant shall make every reasonable effort, including as appropriate by use of the face-to-face consultations described in Article 57, to verify that these terms and conditions are officially supported and shall comply with the following: (1) The Participant shall notify all other Participants of the terms and conditions it intends to support following the same notification procedures required for the matched terms and conditions. In the case of matching a non-Participant, the matching Participant shall follow the same notification procedures that would have been required had the matched terms been offered by a Participant. (2) Notwithstanding sub-paragraph (1) above, if the applicable notification procedure would require the matching Participant to withhold its commitment beyond the final bid closing date, then the matching Participant shall give notice of its intention to match as early as possible. (3) If the initiating Participant moderates or withdraws its intention to support the notified terms and conditions, it shall immediately inform all other Participants accordingly.

(b) A Participant intending to offer identical financial terms and conditions to those notified according to Articles 47 and 48 may do so once the waiting period stipulated therein has expired. This Participant shall give notification of its intention as early as possible.

46. SPECIAL CONSULTATIONS

(a) A Participant that has reasonable grounds to believe that financial terms and conditions offered by another Participant (the initiating Participant) are more generous than those provided for in the Arrangement shall inform the Secretariat; the Secretariat shall immediately make available such information.

(b) The initiating Participant shall clarify the financial terms and conditions of its offer within two working days following the issue of the information from the Secretariat.

(c) Following clarification by the initiating Participant, any Participant may request that a special consultation meeting of the Participants be organised by the Secretariat within five working days to discuss the issue.

(d) Pending the outcome of the special consultation meeting of the Participants, financial terms and conditions benefiting from official support shall not become effective.

SECTION 2

Procedures for export credits

47. PRIOR NOTIFICATION WITH DISCUSSION

(a) A Participant shall notify all other Participants at least ten calendar days before issuing any commitment in accordance with Annex VII if: — the applicable country risk classification and buyer risk category used to calculate the MPR is that of a third party guarantor located outside of the obligor's country (i.e. determined according to the first tiret of Article 24(e)); — the applicable MPR has been decreased through the application of a country risk mitigation technique listed in Article 30; or — it intends to provide support in accordance with Article 10(a)(2) or (d) of Annex IV. — it intends to provide support in accordance with Article 5(a) of Annex V.

(b) If any other Participant requests a discussion during this period, the initiating Participant shall wait an additional ten calendar days.

(c) A Participant shall inform all other Participants of its final decision following a discussion to facilitate the review of the body of experience in accordance with Article 69. The Participants shall maintain records of their experience with regard to premium rates notified in accordance with paragraph (a) above.

48. PRIOR NOTIFICATION

(a) A Participant shall, in accordance with Annex VII, notify all other Participants at least ten calendar days before issuing any commitment if it intends to: (1) Provide support in accordance with Article 10(d)(3). (2) Support a repayment term of more than five years to a Category I country. (3) Provide support in accordance with Article 13(a). (4) Provide support in accordance with Article 14(d). (5) Provide support in accordance with Article 24(c) when the credit value is greater than SDR 10 million ( 18 ). (6) Apply a premium rate in accordance with the second tiret of Article 24(e), whereby the applicable country risk classification and buyer risk category used to calculate the MPR have been determined by the involvement as obligor or guarantor of a classified multilateral or regional institution. (7) Apply a premium rate in accordance with Article 27(e) whereby the selected buyer risk category used to calculate the MPR for a transaction: — with a non-sovereign obligor/guarantor is lower than CC1 (i.e. CC0 or SOV+); — with a non-sovereign obligor/guarantor having a credit of greater than SDR 5 million is better than the Accredited CRA rating. (8) Apply a premium rate in accordance with Article 31(a) whereby the use of buyer risk credit enhancements results in the application of a CEF of greater than 0. (9) Provide support in accordance with Article 8(a) of Annex II. (10) Provide support in accordance with Article 10(a)(1) of Annex IV (11) Provide support in accordance with Article 5(b) of Annex V.

(b) If the initiating Participant moderates or withdraws its intention to provide support for such transaction, it shall immediately inform all other Participants.

SECTION 3

Procedures for trade-related aid

49. PRIOR NOTIFICATION

(a) A Participant shall give prior notification in accordance with Annex VII if it intends to provide official support for: — Trade-related untied aid with a value of SDR 2 million or more, and a concessionality level of less than 80 %; — Trade-related untied aid with a value of less than SDR 2 million and a grant element (as defined by the DAC) of less than 50 %; — Trade-related tied aid with a value of SDR 2 million or more and a concessionality level of less than 80 %; or — Trade-related tied aid with a value of less than SDR 2 million and a concessionality level of less than 50 %, except for the cases set out in Articles 38(a) and (b). — Tied aid in accordance with Article 39(d).

(b) Prior notification shall be made at the latest 30 working days before the bid closing or commitment date, whichever is the earlier.

(c) If the initiating Participant moderates or withdraws its intention to support the notified terms and conditions, it shall immediately inform all other Participants accordingly.

(d) The provision of this Article shall apply to tied aid that forms part of an associated financing package, as described in Article 35.

50. PROMPT NOTIFICATION

(a) A Participant shall promptly notify all other Participants, i.e. within two working days of the commitment, in accordance with Annex VII, if it provides official support for tied aid with a value of either: — SDR 2 million or more and a concessionality level of 80 % or more; or — less than SDR 2 million and a concessionality level of 50 % or more except for the cases set out in Articles 38(a) and (b).

(b) A Participant shall also promptly notify all other Participants when an aid protocol, credit line or similar agreement is signed.

(c) Prior notification need not be given if a Participant intends to match financial terms and conditions that were subject to a prompt notification.

SECTION 4

Consultation procedures for tied aid

51. PURPOSE OF CONSULTATIONS

(a) A Participant seeking clarification about possible trade motivation for tied aid may request that a full Aid Quality Assessment (detailed in Annex XIII) be supplied.

(b) Furthermore, a Participant may request consultations with other Participants, in accordance with Article 52. These include face-to-face consultations as outlined in Article 57 in order to discuss: — first, whether an aid offer meets the requirements of Articles 36 and 37; and — if necessary, whether an aid offer is justified even if the requirements of Articles 36 and 37 are not met.

52. SCOPE AND TIMING OF CONSULTATIONS

(a) During consultations, a Participant may request, among other items, the following information: — the assessment of a detailed feasibility study/project appraisal; — whether there is a competing offer with non-concessional or aid financing; — the expectation of the project generating or saving foreign currency; — whether there is co-operation with multilateral organisations such as the World Bank; — the presence of International Competitive Bidding (ICB), in particular if the donor country's supplier is the lowest evaluated bid; — the environmental implications; — any private sector participation; and — the timing of the notifications (e.g. six months prior to bid closing or commitment date) of concessional or aid credits.

(b) The consultation shall be completed and the findings on both questions in Article 51 notified by the Secretariat to all Participants at least ten working days before the bid closing date or commitment date, whichever comes first. If there is disagreement among the consulting parties, the Secretariat shall invite other Participants to express their views within five working days. It shall report these views to the notifying Participant, which should reconsider going forward if there appears to be no substantial support for an aid offer.

53. OUTCOME OF CONSULTATIONS

(a) A donor which wishes to proceed with a project despite the lack of substantial support shall provide prior notification of its intentions to other Participants, no later than 60 calendar days after the completion of the Consultation, i.e. acceptance of the Chairman's conclusion. The donor shall also write a letter to the Secretary-General of the OECD outlining the results of the consultations and explaining the overriding non-trade related national interest that forces this action. The Participants expect that such an occurrence will be unusual and infrequent.

(b) The donor shall immediately notify the Participants that it has sent a letter to the Secretary-General of the OECD, a copy of which shall be included with the notification. Neither the donor nor any other Participant shall make a tied aid commitment until ten working days after this notification to Participants has been issued. For projects for which competing commercial offers were identified during the consultation process, the aforementioned ten-working-day period shall be extended to 15 days.

(c) The Secretariat shall monitor the progress and results of consultations.

SECTION 5

Information exchange for export credits and trade-related aid

54. CONTACT POINTS

All communications shall be made between the designated contact points in each country by means of instant communication, e.g. OLIS, and shall be treated in confidence.

55. SCOPE OF ENQUIRIES

(a) A Participant may ask another Participant about the attitude it takes with respect to a third country, an institution in a third country or a particular method of doing business.

(b) A Participant which has received an application for official support may address an enquiry to another Participant, giving the most favourable credit terms and conditions that the enquiring Participant would be willing to support.

(c) If an enquiry is made to more than one Participant, it shall contain a list of addressees.

(d) A copy of all enquiries shall be sent to the Secretariat.

56. SCOPE OF RESPONSES

(a) The Participant to which an enquiry is addressed shall respond within seven calendar days and provide as much information as possible. The reply shall include the best indication that the Participant can give of the decision it is likely to take. If necessary, the full reply shall follow as soon as possible. Copies shall be sent to the other addressees of the enquiry and to the Secretariat.

(b) If an answer to an enquiry subsequently becomes invalid for any reason, because for example: — an application has been made, changed or withdrawn, or — other terms are being considered, a reply shall be made without delay and copied to all other addressees of the enquiry and to the Secretariat.

57. FACE-TO-FACE CONSULTATIONS

(a) A Participant shall agree within ten working days to requests for face-to-face consultations.

(b) A request for face-to-face consultations shall be made available to Participants and non-Participants. The consultations shall take place as soon as possible after the expiry of the ten-working-day period.

(c) The Chairman of the Participants shall co-ordinate with the Secretariat on any necessary follow-up action, e.g. a Common Line. The Secretariat shall promptly make available the outcome of the consultation.

58. PROCEDURES AND FORMAT OF COMMON LINES

(a) Common Line proposals are addressed only to the Secretariat. A proposal for a Common Line shall be sent to all Participants and, where tied aid is involved, all DAC contact points by the Secretariat. The identity of the initiator is not revealed on the Common Line Register on the Bulletin Board of the OLIS. However, the Secretariat may orally reveal the identity of the initiator to a Participant or DAC member on demand. The Secretariat shall keep a record of such requests.

(b) The Common Line proposal shall be dated and shall be in the following format: — Reference number, followed by ‘Common Line’. — Name of the importing country and buyer. — Name or description of the project as precise as possible to clearly identify the project. — Terms and conditions foreseen by the initiating country. — Common Line proposal. — Nationality and names of known competing bidders. — Commercial and financial bid closing date and tender number to the extent it is known. — Other relevant information, including reasons for proposing the Common Line, availability of studies of the project and/or special circumstances.

(c) A Common Line proposal put forward in accordance with Article 36(b)(4) shall be addressed to the Secretariat and copied to other Participants. The Participant making the Common Line proposal shall provide a full explanation of the reasons why it considers that the classification of a country should differ from the procedure set out in Article 36(b).

(d) The Secretariat shall make publicly available the agreed Common Lines.

59. RESPONSES TO COMMON LINE PROPOSALS

(a) Responses shall be made within 20 calendar days, although the Participants are encouraged to respond to a Common Line proposal as quickly as possible.

(b) A response may be a request for additional information, acceptance, and rejection, a proposal for modification of the Common Line or an alternative Common Line proposal.

(c) A Participant which advises that it has no position because it has not been approached by an exporter, or by the authorities in the recipient country in case of aid for the project, shall be deemed to have accepted the Common Line proposal.

60. ACCEPTANCE OF COMMON LINES

(a) After a period of 20 calendar days, the Secretariat shall inform all Participants of the status of the Common Line proposal. If not all Participants have accepted the Common Line, but no Participant has rejected it, the proposal shall be left open for a further period of eight calendar days.

(b) After this further period, a Participant which has not explicitly rejected the Common Line proposal shall be deemed to have accepted the Common Line. Nevertheless, a Participant, including the initiating Participant, may make its acceptance of the Common Line conditional on the explicit acceptance by one or more Participants.

(c) If a Participant does not accept one or more elements of a Common Line it implicitly accepts all other elements of the Common Line. It is understood that such a partial acceptance may lead other Participants to change their attitude towards a proposed Common Line. All Participants are free to offer or match terms and conditions not covered by a Common Line.

(d) A Common Line which has not been accepted may be reconsidered using the procedures in Articles 58 and 59. In these circumstances, the Participants are not bound by their original decision.

61. DISAGREEMENT ON COMMON LINES

If the initiating Participant and a Participant which has proposed a modification or alternative cannot agree on a Common Line within the additional eight-calendar day period, this period can be extended by their mutual consent. The Secretariat shall inform all Participants of any such extension.

62. EFFECTIVE DATE OF COMMON LINE

The Secretariat shall inform all Participants either that the Common Line will go into effect or that it has been rejected; the Common Line will take effect three calendar days after this announcement. The Secretariat shall make available on OLIS a permanently updated record of all Common Lines which have been agreed or are undecided.

63. VALIDITY OF COMMON LINES

(a) A Common Line, once agreed, shall be valid for a period of two years from its effective date, unless the Secretariat is informed that it is no longer of interest, and that this is accepted by all Participants. A Common Line shall remain valid for a further two-year period if a Participant seeks an extension within 14 calendar days of the original date of expiry. Subsequent extensions may be agreed through the same procedure. A Common Line agreed in accordance with Article 36(b)(4) shall be valid until World Bank data for the following year is available.

(b) The Secretariat shall monitor the status of Common Lines and shall keep the Participants informed accordingly, through the maintenance of the listing ‘The Status of Valid Common Lines’ on OLIS. Accordingly, the Secretariat, inter alia, shall: — Add new Common Lines when these have been accepted by the Participants. — Update the expiry date when a Participant requests an extension. — Delete Common Lines which have expired. — Issue, on a quarterly basis, a list of Common Lines due to expire in the following quarter.

SECTION 6

Operational provisions for the communication of minimum interest rates (CIRRs)

64. COMMUNICATION OF MINIMUM INTEREST RATES

(a) CIRRs for currencies that are determined according to the provisions of Article 20 shall be sent by means of instant communication at least monthly to the Secretariat for circulation to all Participants.

(b) Such notification shall reach the Secretariat no later than five days after the end of each month covered by this information. The Secretariat shall then inform immediately all Participants of the applicable rates and make them publicly available.

65. EFFECTIVE DATE FOR APPLICATION OF INTEREST RATES

Any changes in the CIRRs shall enter into effect on the fifteenth day after the end of each month.

66. IMMEDIATE CHANGES IN INTEREST RATES

When market developments require the notification of an amendment to a CIRR during the course of a month, the amended rate shall be implemented ten days after notification of this amendment has been received by the Secretariat.

SECTION 7

Reviews

67. REGULAR REVIEW OF THE ARRANGEMENT

(a) The Participants shall review regularly the functioning of the Arrangement. In the review, the Participants shall examine, inter alia, notification procedures, implementation and operation of the DDR system, rules and procedures on tied aid, questions of matching, prior commitments and possibilities of wider participation in the Arrangement.

(b) This review shall be based on information of the Participants' experience and on their suggestions for improving the operation and efficacy of the Arrangement. The Participants shall take into account the objectives of the Arrangement and the prevailing economic and monetary situation. The information and suggestions that Participants wish to put forward for this review shall reach the Secretariat no later than 45 calendar days before the date of review.

68. REVIEW OF MINIMUM INTEREST RATES

(a) The Participants shall periodically review the system for setting CIRRs in order to ensure that the notified rates reflect current market conditions and meet the aims underlying the establishment of the rates in operation. Such reviews shall also cover the margin to be added when these rates are applied.

(b) A Participant may submit to the Chairman of the Participants a substantiated request for an extraordinary review in case this Participant considers that the CIRR for one or more than one currency no longer reflect current market conditions.

69. REVIEW OF MINIMUM PREMIUM RATES AND RELATED ISSUES

The Participants shall regularly monitor and review all aspects of the premium rules and procedures. This shall include:

(a) The Country Risk Classification and Sovereign Risk Assessment Methodologies to review their validity in the light of experience;

(b) The level of the MPRs to ensure that they remain an accurate measure of credit risk, taking into account both the actual experience of institutions providing official export credits as well as private market information on the pricing of credit risk;

(c) The differentiations in the MPRs which take account of the differing quality of export credit products and percentage of cover provided; and

(d) The body of experience related to the use of country risk mitigation and buyer risk credit enhancements and the continued validity and appropriateness of their specific impact on the MPRs.









ANNEX I

SECTOR UNDERSTANDING ON EXPORT CREDITS FOR SHIPS

CHAPTER I

Scope of the sector understanding

1. PARTICIPATION

The Participants to the Sector Understanding are: Australia, the European Union, Japan, Korea, New Zealand and Norway.

2. SCOPE OF APPLICATION

This Sector Understanding, which complements the Arrangement, sets out specific guidelines for officially supported export credits relating to export contracts of:

(a) Any new sea-going vessel of 100 gt and above used for the transportation of goods or persons, or for the performance of a specialised service (for example, fishing vessels, fish factory ships, ice breakers and as dredgers, that present in a permanent way by their means of propulsion and direction (steering) all the characteristics of self-navigability in the high sea), tugs of 365 kw and over and to unfinished shells of ships that are afloat and mobile. The Sector Understanding does not cover military vessels. Floating docks and mobile offshore units are not covered by the Sector Understanding, but should problems arise in connection with export credits for such structures, the Participants to the Sector Understanding (hereinafter the ‘Participants’), after consideration of substantiated requests by any Participant, may decide that they shall be covered.

(b) Any conversion of a ship. Ship conversion means any conversion of sea-going vessels of more than 1 000 gt on condition that conversion operations entail radical alterations to the cargo plan, the hull or the propulsion system.

(c) (1) Although hovercraft-type vessels are not included in the Sector Understanding, Participants are allowed to grant export credits for hovercraft vessels on equivalent conditions to those prevailing in the Sector Understanding. They commit themselves to apply this possibility moderately and not to grant such credit conditions to hovercraft vessels in cases where it is established that no competition is offered under the conditions of the Sector Understanding. (2) In the Sector Understanding, the term ‘hovercraft’ is defined as follows: an amphibious vehicle of at least 100 tons designed to be supported wholly by air expelled from the vehicle forming a plenum contained within a flexible skirt around the periphery of the vehicle and the ground or water surface beneath the vehicle, and capable of being propelled and controlled by airscrews or ducted air from fans or similar devices. (3) It is understood that the granting of export credits at conditions equivalent to those prevailing in this Sector Understanding should be limited to those hovercraft vessels used on maritime routes and non-land routes, except for reaching terminal facilities standing at a maximum distance of one kilometre from the water.

CHAPTER II

Provisions for export credits and tied aid

3. MAXIMUM REPAYMENT TERM

The maximum repayment term, irrespective of country classification, is 12 years after delivery.

4. CASH PAYMENT

The Participants shall require a minimum cash payment of 20 % of the contract price by delivery.

5. REPAYMENT OF PRINCIPAL AND PAYMENT OF INTEREST

(a) The principal sum of an export credit shall be repaid in equal instalments at regular intervals of normally six months and a maximum of 12 months.

(b) Interest shall be paid no less frequently than every six months and the first payment of interest shall be made no later than six months after the starting point of credit.

(c) For export credits provided in support of lease transactions, equal repayments of principal and interest combined may be applied in lieu of equal repayments of principal as set out in paragraph (a).

(d) Interest due after the starting point of credit shall not be capitalised.

(e) A Participant to this Sector Understanding intending to support a payment of interest on different terms than those set out in paragraph (b) shall give prior notification at least ten calendar days before issuing any commitment, in accordance with Annex VII of the Arrangement.

6. MINIMUM PREMIUM

The provisions of the Arrangement in relation to minimum premium benchmarks shall not be applied until such provisions have been further reviewed by the Participants to this Sector Understanding.

7. PROJECT FINANCE

The provisions of Article 7 and of Annex VI to the Arrangement shall not be applied until such provisions have been further reviewed by the Participants to this Sector Understanding.

8. AID

Any Participant desiring to provide aid must, in addition to the provisions of the Arrangement, confirm that the ship is not operated under an open registry during the repayment term and that appropriate assurance has been obtained that the ultimate owner resides in the receiving country, is not a non-operational subsidiary of a foreign interest and has undertaken not to sell the ship without his government's approval.

CHAPTER III

Procedures

9. NOTIFICATION

For the purpose of transparency each Participant shall, in addition to the provisions of the Arrangement and the IBRD/Berne Union/OECD Creditor Reporting System, provide annually information on its system for the provision of official support and of the means of implementation of this Sector Understanding, including the schemes in force.

10. REVIEW

(a) The Sector Understanding shall be reviewed annually or upon request by any Participant within the context of the OECD Working Party on Shipbuilding, and a report made to the Participants to the Arrangement.

(b) To facilitate coherence and consistency between the Arrangement and this Sector Understanding and taking into account the nature of the shipbuilding industry, the Participants to this Sector Understanding and to the Arrangement will consult and co-ordinate as appropriate.

(c) Upon a decision by the Participants to the Arrangement to change the Arrangement, the Participants to this Sector Understanding (the Participants) will examine such a decision and consider its relevance to this Sector Understanding. Pending such consideration the amendments to the Arrangement will not apply to this Sector Understanding. In case the Participants can accept the amendments to the Arrangement they shall report this in writing to the Participants to the Arrangement. In case the Participants cannot accept the amendments to the Arrangement as far as their application to shipbuilding is concerned they shall inform the Participants to the Arrangement of their objections and enter into consultations with them with a view to seeking a resolution of the issues. In case no agreement can be reached between the two groups, the views of the Participants as regards the application of the amendments to shipbuilding shall prevail.









Attachment

Commitments for future work

In addition to the Future Work of the Arrangement, the Participants to this Sector Understanding agree:

(a) To develop an illustrative list of types of ships which are generally considered non-commercially viable, taking into account the disciplines on tied aid set out in the Arrangement.

(b) To review the provisions of the Arrangement in relation to minimum premium benchmarks with a view to incorporating them into this Sector Understanding.

(c) To discuss, subject to the developments in relevant international negotiations, the inclusion of other disciplines on minimum interest rates including a special CIRR and floating rates.

(d) To review the applicability to this Sector Understanding of provisions of the Arrangement in relation to Project Finance.

(e) To discuss whether: — the date of the first instalment of principal; — the Weighted Average Life concept may be used in relation to the repayment profile contained in Article 5 of this Sector Understanding.









ANNEX II

SECTOR UNDERSTANDING ON EXPORT CREDITS FOR NUCLEAR POWER PLANTS

CHAPTER I

Scope of the sector understanding

1. SCOPE OF APPLICATION

(a) This Sector Understanding sets out the provisions which apply to officially supported export credits relating to contracts for: (1) The export of complete nuclear power stations or parts thereof, comprising all components, equipment, materials and services, including the training of personnel directly required for the construction and commissioning of such nuclear power stations. (2) The modernisation of existing nuclear power plants in cases where both the overall value of the modernisation is at or above SDR 80 million and the economic life of the plant is likely to be extended by at least the repayment period to be awarded. If either of these criteria is not met, the terms of the Arrangement apply. (3) The supply of nuclear fuel and enrichment. (4) The provision of spent fuel management.

(b) This Sector Understanding does not apply to: (1) Items located outside the nuclear power plant site boundary for which t