Going Global? 5 Risk Management Issues to Consider

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1 Going Global? 5 Risk Management Issues to Consider 1) Insurance Requirements of Foreign Countries 2) Program Structure 3) Policy Territory 4) Exposures 5) Economic and Political Risk

2 Insurance Requirements of Foreign Countries Regulatory issues fall into two broad categories: Compulsory Insurances and position on Non Admitted Insurance. Compulsory Insurances: Those lines of coverage required by law to be insured. Typically, compulsory requirements relate to some form of work injury coverage and Third Party Liability insurance for owned Automobiles. Exposures such as pharmaceuticals, chemicals, or professional activities may also trigger compulsory insurance requirements. Each country will have its own set of compulsory insurances. Non Admitted Insurance: Refers to policies that are placed with insurers that are not licensed within a particular territory. (Conversely, "admitted" coverage, means policies issued in a particular country by insurance carriers who are licensed to write coverage in that country.) Roughly 85% of all countries have prohibitions on the use of non admitted insurance. Violations of non admitted insurance regulations can create practical problems with program administration and loss settlement, but also lead to fines/penalties potential criminal prosecution. *See the Global Insurance Guide on the Tools and Resources page to request information about a particular country.

3 Program Structure Non Admitted, Local, Gap, or Controlled Master Program. Non Admitted Program: For many companies with only limited overseas operations, a Non Admitted program is an effective vehicle for providing international coverage. As indicated above, under a Non Admitted program, coverage is provided solely by non admitted policies issued to the Parent company; no local policies are arranged overseas to comply with local insurance regulations. Local Program: One method some international companies use to avoid problems inherent in a Non Admitted program is to opt for a fully admitted Local Program. In the Local Program, the manager of each of the client's foreign subsidiaries buys insurance coverage in the local market; usually through an independent local broker. Gap Program: Since the Non Admitted and Local programs are usually unsatisfactory on their own; most multinational programs are hybrid of the two. One common hybrid is to allow the overseas manager to purchase local policies in the local market. The stateside risk manager then purchases a Non Admitted Excess/Difference in Conditions policy at the Parent company to plug any gaps in the local policies and bring coverage up to global standards. Controlled Master Program: A more sophisticated approach is to implement a Controlled Master Program or CMP. As indicated by the name, a Controlled Master Program is directed through a Master policy issued at the Parent company level that outlines the terms and conditions that apply to all international operations. Local policies, or "underlyers", are issued where appropriate by the overseas office of the insurer, at the request of the stateside underwriter. These underlying policies serve to satisfy indigenous legal requirements, provide access to special government funds or plans, facilitate foreign premium/tax/loss payments and provide a vehicle for overall account servicing.

4 Policy Territory As shown in the following chart, territories and jurisdictions must be reviewed to ensure that coverage applies in all cases. Also, it is very important to pay particular attention to what countries may be excluded from a General Liability or Property policy. See the example below of countries excluded from the Contingent Business Income coverage form of a major carrier. Product Made In Product Sold In Occurrence Takes Place Suit Is Brought In Policy Responding U.S U.S U.S U.S U.S U.S U.S Foreign Foreign Foreign Foreign U.S. U.S. U.S. U.S. Foreign Foreign Foreign Foreign Foreign Foreign Foreign U.S. U.S. U.S. U.S. Foreign Foreign U.S. Foreign or U.S. Contingent Business Interruption Coverage Territory Coverage provided in Section 5., Extensions of Coverage, Item D. Contingent Business Interruption Coverage, is limited to property anywhere in the world except in the following countries, provinces or jurisdictions; Afghanistan; Albania; Algeria; Angola; Armenia; Azerbaijan; Bangladesh; Belize; Benin; Botswana; Burkina Faso; Burundi; Cambodia; Cameroon; Central African Republic; Chad; Cote D Ivoire; Cuba; Democratic Republic of the Congo (formerly Zaire); Djibouti; Equatorial Guinea; Eritrea; Ethiopia; Fiji; Gabon; Gambia; Georgia; Ghana; Grenada; Guinea; Guinea-Bissau; Guyana; Haiti; States of Jammu and Kashmir in India; Iran; Iraq; Gaza Strip, West Bank and territories north of Latitude N in Israel; Laos; Lebanon; Lesotho; Liberia; Libya; Madagascar; Malawi; Mali; Mauritania; Mauritius; Moldova; Mongolia; Montenegro; Montserrat; Mozambique; Myanmar; Namibia; Nepal; Niger; Nigeria; North Korea; Pakistan; Papua New Guinea; Aksai Chin Region and Trans- Karakoram Tract in People s Republic of China; Republic of the Congo; Chechen Republic of the Russian Federation; Rwanda; Senegal; Seychelles; Sierra Leone; Somalia; Sri Lanka; Sudan; Swaziland; Syria; Tajikistan; Tanzania; Timor-Leste; Togo; Provinces of Agri, Batman, Bingol, Bitlis, Diyarbakir, Elazig, Hakkari, Igdir, Mardin, Mus, Sanliurfa, Siirt, Sirnak, and Van in Turkey; Turkmenistan; Uganda; Uzbekistan; Yemen; Zambia; and Zimbabwe.

5 Exposures A multinational company faces many of the same exposures overseas as in their home country. However, differences in legal requirements, political environments and even geography or climate require a review of operations on a country by country basis. Obvious risks include damage to property, injury to employees and automobile hazards. Although claims consciousness is generally much lower outside the USA, there is a trend towards increased litigation overseas in areas such as Products, Pollution and Directors & Officers Liability. Less obvious risks include new or increased exposures such as Trade Credit, Terrorism, Political Risk or Kidnap & Ransom. International operations in each country should be examined carefully with consideration given to inclusion of the following coverages in a multinational program: Liabilities to Others Protection of Assets/Income General Liability, including Products Liability Workers' Compensation/Employer's Liability Emergency Assistance Services Automobile Liability Directors & Officers Liability Accident & Health Fiduciary Liability Excess Liability Professional Errors & Omissions Liability Environmental Impairment Liability Personal Lines for Expatriates Aircraft/Watercraft Liability Patent Infringement Real and Personal Property Time Element, including Business Interruption Contingent Time Element Boiler & Machinery Property in Transit Sabotage & Terrorism Crime Computer/Toll Fraud Malicious/Accidental Product Tampering Automobile Physical Damage Aircraft/Watercraft Hull Kidnap & Ransom/Extortion Trade Credit Expropriation Contract Frustration License Cancellation Currency Inconvertibility Surety Product Rejection Weather

6 Economic and Political Risk The financial crises in the world economy, volatility of currency exchanges, and rising political violence all present major risk factors for companies operating in foreign countries. Credit Risk: Receivables often represent a company s largest current asset, and bad debt caused by a buyer s non payment can impact a company s earnings, bad debt reserves and future sales. While international trade continues to grow, so do the export risks. Bankruptcies and commercial defaults are significant around the world and while some of this is due to political risk exposures, much is due purely to default of the buyer. Credit insurance policies offer protection for both domestic and export markets and can be structured to include some or all receivables, for both very large and smaller exposures. Political Risk: In general, a company s political risk exposure can be analyzed across four categories. Foreign Investments or Projects: including expropriation where a government action deprives a company of its beneficial rights of ownership, political violence, currency inconvertibility, and government breach of contract. Overseas Contracts: contracts made vulnerable in the event of political upheaval, loss or damage to mobile equipment, contract repudiation, and contract termination. Export Sales: public or private buyer non payment, contract cancellation, nonhonoring of letters of credit, pre shipment losses from non sale of products. Trade Disruption: where events disrupt a company s ability to source, manufacture, or deliver product to its customers. *See the Terrorism and Political Risk Map on our Tools and Resources page for details regarding the risks in a specific country.

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