Export credits

The Export Credits Arrangement text

 

Quick Link to this page:  http://www.oecd.org/trade/exportcredits/theexportcreditsarrangementtext.htm

 

 Last updated on 16 January 2014

2014

As was agreed by the Participants (or the ASU Participants), the main changes brought to the January 2014 version of the Arrangement are as follows:

Addition of the new Rail Sector Understanding as Annex V

  • corresponding changes made in various parts of the Arrangement and other Annexes: 
    • Arrangement Articles: 6 a), 7 b), 18, 47 a), 48 a) 11) 
    • Annex VII: information for notifications

Update of some provisions as agreed by the Participants

  • Arrangement Footnote 4: to extend to end December 2014 the requirement for prior notification for transactions in accordance with Article 24 c) third tiret.
  • Nuclear Sector Understanding (NSU) (Annex II):
    • update of Article 9 on Future Work (deletion of the 2009 date)
    • update of Article 10 on Review and Monitoring (review of the NSU at the latest by end 2017).

Re-ordering of the Annexes:

  • Sector Understandings:  Annexes I to V
  • Project Finance: Annex VI
  • Information for notifications: Annex VII
  • Technical Premium Annexes in the order they are referenced in the Arrangement text:
    • Calculation of the Minimum Premium Rates (MPR) (Annex VIII)
    • Market Benchmarks for Transactions in Category Zero Countries (Annex IX) 
    • Criteria and Conditions Governing the Application of a Third Party Repayment Guarantee and the Classification of Multilateral or Regional Institutions (Annex X) 
    • Buyer Risk Categories Qualitative Descriptions (Annex XI)
    • Criteria and Conditions Governing the Application or Country Risk Mitigation Techniques and Buyer Risk Credit Enhancements (Annex XII)
    • Checklist of developmental quality (Annex XIII)
    • List of definitions (Annex XIV)

Wherever necessary, correcting errors in cross-referencing and improving consistency in vocabulary throughout the Arrangement text.

 

  

2013

  • The October 2013 Arrangement on Officially Supported Export Credits [TAD/PG(2013)11] is now available. This version of the Arrangement on Officially Supported Export Credits replaces the January 2013 version [TAD/PG(2013)1]; it includes all modifications agreed to the Arrangement, including its Annexes, and is effective as from 1 October 2013.

As was agreed by the Participants (or the ASU Participants), the main changes brought to the January 2013 version of the Arrangement are as follows:

Aircraft Sector Understanding

  • ASU Article 13 a) 1) third dash reworded as follows: "in the case of a floating rate transaction, the principal amortising profile shall be set for the entire term, no more than five business days prior to the disbursement date based on the floating or swap rate at that time".

  • ASU Appendix II, Article 19 b) Table 1 setting out the Risk Mitigants has been changed (deletion of the column with "B" risk mitigants) and Article 20 b) has been reworded as follows: "Subject to a prior notification, up to one of the "A" risk-mitigants may be replaced by a 15% surcharge on the applicable minimum premium rate."

  • ASU Appendix II, Article 22: Table 2 on Risk-based rates has been changed to reflect upfront rates equivalent to spreads.

  • ASU Appendix II, Article 34-1. second dash: reworded to allow a combination of spreads/upfront premium to be charged.

  • ASU Appendix III, Article 1 a) and b): the Canadian Dealer Offered Rate has been added among the minimum floating interest rates. 

Arrangement Annex X – Project Finance Transactions:

  • Prolongation by one year until end 2014 of the financial terms and conditions set out in Articles 2 and 3 d) of Annex X.

Arrangement Annex XII – Buyer Risk Categories Qualitative Descriptions:

  • At the end of the fourth bullet in both Categories CC1 and CC2, the words "and very strong business profile" were redundant and have therefore been deleted.

 

 

  • The January 2013 Arrangement on Officially Supported Export Credits [TAD/PG(2013)1] is now available. This version of the Arrangement on Officially Supported Export Credits replaces the September 2012 version [TAD/PG(2012)9]; it includes all modifications agreed to the Arrangement, including its Annexes, and is effective as from 1 January 2013.

As was agreed by the Participants (or the ASU Participants), the main changes brought to the September 2012 version of the Arrangement are as follows:

  • Arrangement Articles 24, 25 and 48a)5), together with Footnote 7 and with Section 1 of Annex VIII, have been amended and new Footnotes 3 and 5 have been added, as a result of changes agreed to the Participants’ Country Risk Classification System regarding high income OECD countries and high income Euro Area countries. In addition, the requirement for prior notification of support provided under Article 24 c), as set out in Footnote 14, has been maintained through to end-December 2013.

  • In Annex VI, the MPR formula has been amended to correct an error in the placement of a parenthesis.

  • ASU Articles 19 and 21 have been updated to reflect changes agreed to the terms of the ASU relating to the Sale of Used Aircraft and to Contracts for Conversion/Major Modification/Refurbishing respectively.

 

2012

  • The September 2012 Arrangement on Officially Supported Export Credits [TAD/PG(2012)9] is now available. This version of the Arrangement on Officially Supported Export Credits replaces the September 2011 version [TAD/PG(2011)13]; it includes all modifications agreed to the Arrangement, including its Annexes, and is effective as from 1 September 2012.

As was agreed by the Participants (or the ASU Participants), the main changes brought to the September 2011 version of the Arrangement are as follows:

  • Deletion of Article 36 b) 5) and of Footnote 13, replaced by new Article 39 d), and corresponding new NSU Article 7.
  • In the ASU text, a new definition of “Interested Participant”.

  • Insertion of the newly agreed Sector Understanding on Export Credits for Renewable Energy, Climate Change Mitigation and Water Projects as new Annex IV, and corresponding adjustments of the “Information to be provided for notifications” in Annex V j).

  • In Annex X on Project Finance Transactions, the extension until end-December 2013 of the validity of the current Articles 2 and 3 d).

 

2011

  • The September 2011 Arrangement on Officially Supported Export Credits [TAD/PG(2011)13] is now available. This version of the Arrangement on Officially Supported Export Credits replaces the March 2011 version [TAD/PG(2011)4]; it includes all modifications agreed to the Arrangement, including its Annexes, and is effective as from 1 September 2011.

The main amendments agreed are as follow:

  • In Arrangement Chapter II, new Articles 25 to 32, to update the disciplines on minimum premium rates by introducing new provisions on buyer risk pricing, and corresponding modifications in Annexes V, VI, VII, VIII, plus new Annexes XII and XIII.

  • In Annex I (Ships Sector Understanding), a new Article 10 (former Article 10 d) deleted).

  • In Annex III (Aircraft Sector Understanding - ASU):

    • In ASU Appendix II:

      • A new Article 34 to explain formula used for the calculation of the minimum premium rates.

      • A new Section 2-II and a new Annex 2, to update the provisions relating to the reduction of minimum premium rates in relation with the impact of the Cape Town Convention on aircraft transactions.

    • In ASU Appendix IV:

      • A new Article 1 a) to include Bank Bill Swap Bid Rate (BBSY) as an option for floating rate loans.

      • A new Article 8 to specify the calculation formula and effective date of Market Benchmarks.

    • In ASU appendix V:

      • A new definition of Premium Holding Period.

  • In Annex X (Project Finance Transactions), an update of Footnote 1 to prolong the applications of the provisions in Articles 2 and 3 d) until the end of 2012.

 

 

2010

In comparison with the previous text, there has been two amendments:
  • Amendment No.1: In the Sector Understanding on Export Credits for Civil Aircraft, the «de minimis» classification provision has been made permanent by deleting the clause of «trial period» of two years.

  • Amendment No.2: In Annex X of the Arrangement, it was agreed to extend the deadline of the temporary measures as set out in Articles 2 and 3 d) of Annex X, until 31 December 2010.

 

  

2009

  • The July 2009 Arrangement on Officially Supported Export Credits [TAD/PG(2009)21] has been issued, taking into account, inter alia, the newly-agreed revised Sector Understandings on Export Credits for Nuclear Power Plants and for Renewable Energies and Water Projects: It came into force on 1 July 2009.
  • Sector Understanding on Export Credits for Nuclear Power Plants [TAD/PG(2009)19] (as of 1 July 2009).
  • Sector Understanding on Export Credits for Renewable Energies and Water Projects [TAD/PG(2009)18] (as of 1 July 2009).
  • The 2009 Arrangement: TAD/PG(2009)6 (as of 31 January 2009)
  • Changes to the previous text : Arrangement on Export Credits
  • The 2009 Arrangement: TAD/PG(2008)29-FINAL  (as of 1 January 2009).

 

2008

  • The 2008 Arrangement: TAD/PG(2007)28-FINAL The 2008 version of the Arrangement text contains new provisions applicable to local costs, Ships and Aircraft sectors; this new Arrangement text came into effect on 1st January 2008.
     

    The major changes are as listed:

    • the rules on local costs have been modified, for a trial period defined in related footnote 2 [Article 10 d)].

    • in some instances support for local cost should be prior notified [Article 45 a) 2)].

    • Annex I (Ships): Articles 5 and 7 have been modified, as well as the list of «Future Work» (Items d and e).

    • Annex III (Aircraft): changes have been agreed to Appendix III (Article 11: new footnote 2 establishing accelerated risk-classification procedures for small transactions), Appendix V (clarification of information relating to the buyer/borrower and guarantor) and Appendix VI (amendment to the definition of «Net Price» to exclude import duties and charges).

     

  • Decisions and Interpretations to the 2008 Arrangement: TAD/PG(2008)1
  • The 2007 Sector Understanding on Export Credits for Ships: TAD/PG(2007)27

 

2005

 

2004

  • The 2004 Arrangement: TD/PG(2004)12/REV effective as of 27 January 2005 reflected two amendments to the 2004 Arrangement [TD/PG(2004)12] agreed at the end of 2004 by the Participants to the Arrangement.

The two amendments to the Arrangement were:

  • an extension until 30 June 2005 of the Project Finance Understanding in Annex X of the Arrangement and

  • a new text inserted in Article 9 a) about financing the premium

 

 

 

 

  • The 2004 Arrangement text, TD/PG(2004)12, contained the prevailing Arrangement text, i.e. TD/PG(2003)24, adjusted to reflect the state of play from 1 May 2004, after the enlargement of the European Union.

 

2003

 

2002

  • The 2002 Arrangement: TD/CONSENSUS(2002)19/FINAL effective as of 16 October 2003, contained all the decisions made since the 1998 version.

 

1998

  • The Arrangement: TD/CONSENSUS(97)70 effective as of 1998 is the revised and re-drafted version of the Arrangement, adopted late 1997 by the Participants to the Arrangement and applied as of 1998. It includes the revisions and amendments made to the 1992 version.

 

[for previous versions please contact the Export Credit secretariat of the OECD by sending an email to : export-credits@oecd.org

 

 

 

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