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East West Debt, solving defaulted trade and bank debt

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ERG, Export Risk Guarantee, Switzerland
Swiss ERG (Export Risk Guarantee ) is an instrument to facilitate exporters
entering into contracts with purchasers in countries where uncertain political or economic conditions could jeopardise receipt of payment.
ERG relieves exporters of certain risks
which are beyond their control or that of their customers abroad. ERG was founded in 1934 as an organisation of the Swiss Federal Government
to fight against unemployment. It has gradually been developed into the instrument of
export promotion and support of small and medium enterprises (SME) that it is today.
- ERG is a legally dependent self-supporting fund of the Swiss Federal
Government. The fund's incomes and expenditures are not included in the Government
financial accounts.
- Necessary monies can be made available by the Government. They are subject
to interest charges and repayment. The fund is supervised by the Swiss federal auditors
and its annual accounts, balance sheet and financial statements must be published
annually.
- ERG is based on the Swiss Federal Act on the Export Risk Guarantee of
September 26, 1958, the relevant Ordinance of the Swiss Federal Council of June 15, 1998,
and decrees of the Federal Department of Economy. The law and ordinances have undergone a number of
amendments to adapt them to the rapidly changing requirements of the export industry.
- Like all export credit agencies, ERG is also subject to international
rules (Berne Union, OECD). These rules must be observed when guarantees are being issued.
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- The principles of Switzerlands foreign aid policy are taken into
account when granting guarantees.
- ERG Coverable Risks:
- Political risk
The risk which results from political events abroad, such as war,
revolution or civil commotion, making it impossible for the purchaser to fulfil his
contractual obligations or causing the loss of exported merchandise that is still the
property of the exporter.
- Transfer risk
The risk of the purchaser being unable to pay as a result of restrictions
on currency transfers imposed by his government, i.e. where the purchaser has deposited
the amount due in local currency with a bank but the Central Bank is unable to provide the
required foreign currency for transfer. Transfer risk also includes the risk of debt consolidation, i.e. that the
debt of a country in a critical financial situation will be rescheduled for repayment over
an extended period as a result of an agreement between the countries concerned.
- Commercial risk
The risk of insolvency or refusal to pay by:
- States, municipalities and other public bodies
- Private entities which are wholly or predominantly owned by public bodies or which
fulfil public duties (public utilities such as power stations, waste incineration plants
etc.)
- ERG-approved banks.
Hence, this risk can also be covered for transactions with private buyers
if securities are provided by an accepted guarantor. For project financing, the commercial risk is limited to the obligations
of state or private purchasers and suppliers with a public involvement (public utilities).
The commercial risk of the project itself cannot be covered.
- Contingent currency risk (unlimited)
Foreign currency risks arising out of the redemption of foreign currency
financing, forward exchange contracts or similar arrangements after an insured loss
occurs. The primary risk of exchange rate fluctuations is not covered.
- Pre-delivery risk (manufacturing risk)
The risk that contractually agreed delivery becomes impossible or
unreasonable due to a subsequent increase in the above risks, or to a lack of transport
facilities abroad.
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- For ERG to be
self-supporting in the long term, each guarantee is subject to a fee appropriate to the
risk. The premium relates directly to the country risk, the amount and the tenor as well
as to the other risks covered.
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Links ECA's: CESCE COFACE COSEC DUCROIRE EKF ECGD EDC EKN ERG EXIM EXPORTERS FINNVERA GERLING-NCM GIEK HERMES HKECIC JBIC KEIC MIGA OeKB SACE
East-West Debt has made every effort to ensure the accuracy of this publication.
Neither the company nor any contributor can accept any responsibility for -including but not limited to- errors, omissions, opinions or advice given. This publication is not a substitute for professional advice and all information is for guidance only.
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