General Terms and Conditions for Refinancing Guarantees GTC RG

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1 General Terms and Conditions for Refinancing Guarantees GTC RG Valid from 31 March 2012 (Version 2.3/2013)

2 Table of Contents 1 Object and Scope of the Refinancing Guarantee 3 2 Liability Period 3 3 Occurrence of the Guaranteed Event 4 4 Guarantee Currency 4 5 Payment under the Refinancing Guarantee 4 6 Obligations of the Institution Financing the Export Transaction 4 7 Premiums 5 8 Counter Coverage 5 9 Miscellaneous 6

3 The General Terms and Conditions for Refinancing Guarantees (GTC RG) issued by Swiss Export Risk Insurance (SERV) shall apply to the relationship between SERV and the institution requesting the guarantee ("institution financing the export transaction") to the extent that individual regulations are not expressly excluded or amended by special conditions. The GTC RG shall apply within the scope of the Federal Act on the Temporary Extension of the Insurance Services of SERV (SR ), the Swiss Export Risk Insurance Act (SERVG, SR ), and the Swiss Export Risk Insurance Ordinance (SERV-V, SR ) in the version valid on the date the refinancing guarantee is issued. These GTC RG and other terms and conditions of SERV shall not grant the institution financing the export transaction any rights beyond those set forth in the Federal Act on the Temporary Extension of the Insurance Services of SERV, the SERVG, and the SERV-V. 1 Object and Scope of the Refinancing Guarantee 1.1 By means of the refinancing guarantee, SERV undertakes the commitment (guarantee) to make a payment to the refinancing institution, on first written demand, up to the set maximum amount, in relation to receivables that have already been insured by SERV and assigned to SERV ("export credit receivables"), provided that the refinancing institution states that it has not received repayment from the institution financing the export transaction at maturity of the refinanced receivable. 1.2 The refinancing guarantee solely covers the principal and ancillary claims assigned by the institution financing the export transaction to SERV, to the extent that these are the object of the documented export credit insurance. 1.3 The legal relations concerning the refinancing guarantee are set forth in the agreement between SERV and the institution financing the export transaction and in the refinancing guarantee to the refinancing institution. 2 Liability Period 2.1 SERV s liability under the refinancing guarantee begins when it is issued, unless set forth otherwise in the guarantee. 2.2 SERV s commitments under the refinancing guarantee expire upon: return of the refinancing guarantee or discharge of SERV by the refinancing institution; fulfilment of the claims guaranteed; or expiry of the time limit set forth in the refinancing guarantee, if any. Page 3 of 6

4 3 Occurrence of the Guaranteed Event The guaranteed event occurs if the refinancing institution calls on the refinancing guarantee and declares in writing that it has not received payment at maturity of the receivables guaranteed under the refinancing guarantee. 4 Guarantee Currency Payments under the refinancing guarantee shall be made in the currency set forth therein (guarantee currency). 5 Payment under the Refinancing Guarantee 5.1 SERV makes payments to the refinancing institution within ten banking days after receiving the declarations and documentation set forth in the refinancing guarantee. 5.2 Any costs for payment to an account outside Switzerland shall be borne by the institution financing the export transaction. 6 Obligations of the Institution Financing the Export Transaction 6.1 The institution financing the export transaction shall fully and correctly disclose all circumstances material to the issuance and any extension of the refinancing guarantee for the benefit of the refinancing institution. Any changes of such circumstances shall be communicated to SERV in writing without delay. 6.2 The institution financing the export transaction shall structure its agreements with the refinancing institution such that: the refinancing and the export credit are disbursed in the same amounts and with the same value date, unless the export credit is refinanced only after its disbursement; and the refinancing is repaid depending on the repayment of the export credit. 6.3 The institution financing the export shall, without delay, inform SERV of the occurrence of risk aggravating factors. The occurrence of risk aggravating factors shall be assumed, in particular, if there is any deterioration in the financial situation of the institution financing the export transaction. 6.4 The institution financing the export transaction shall ensure that no guaranteed event occurs and the refinancing guarantee is not called upon. Page 4 of 6

5 6.5 If SERV has nevertheless made payments under the refinancing guarantee, the institution financing the export transaction shall, without delay, fully reimburse such payments as well as all costs SERV incurred due to the calling of the refinancing guarantee by the refinancing institution. The reimbursement obligation plus five per cent interest for the period since SERV made the payment to the refinancing institution shall be due immediately. The institution financing the export transaction may not raise any defences or objections against this obligation. 6.6 Any further claims of SERV based on the breach of obligations by the institution financing the export transaction remain unaffected. 6.7 This does not affect the rights of the institution financing the export operation under the export credit insurance. The institution financing the export operation shall provide evidence that it is entitled to indemnity under the export credit insurance. 7 Premiums 7.1 The SERV premium tariff in effect at the time the refinancing guarantee is issued shall apply to premiums and any reimbursement of premiums paid. 7.2 The premium is payable in Swiss francs (premium currency), unless a different premium currency is agreed in the agreement with the institution financing the export operation. In the case of foreign currency cover, premiums are calculated at the closing rate on the foreign exchange market on the day before the policy is issued by SERV, as set forth in the agreement with the institution financing the export operation (premium conversion rate). 8 Counter Coverage The institution financing the export transaction is aware of the fact that SERV may take out counter coverage for the refinancing guarantee at its own discretion. The institution financing the export transaction authorises SERV to grant access to the files required for the counter coverage relationship and provide the necessary information to persons from whom SERV has taken out or intends to take out counter coverage for the refinancing guarantee; to this extent, the exporter releases SERV from the obligation to maintain secrecy. Page 5 of 6

6 9 Miscellaneous 9.1 All amendments and supplements to the refinancing guarantee shall be made in writing. 9.2 All notifications and declarations by the institution financing the export transaction shall be submitted to SERV in writing. 9.3 The federal administrative law of Switzerland applies. The Federal Administrative Court shall have sole jurisdiction over disputes in connection with the refinancing guarantee (Art. 35 letter a of the Swiss Administrative Court Act). Notwithstanding and without prejudice to the foregoing, SERV shall also be entitled to bring action against the institution financing the export transaction at any other court having competent jurisdiction if the institution financing the export transaction has a registered office abroad. Page 6 of 6

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