commercial transactions on short credit terms covered by export credit guarantees Commercial transactions on short credit terms In the era of globalization exports are the most natural thing in the world. But few people think of the possible risks. With this booklet we wish to give you an overview of how German exporters can protect themselves against these risks with export credit guarantees of the Federal Republic of Germany. There is a broad range of cover options available for export transactions on short credit terms of up to two years, which we will present to you in this booklet. In many cases, individualized advice is the guarantee for a smooth transaction of business. You can get this advice from the staff of Euler Hermes Aktiengesellschaft at any time. Not only the staff at the Head Office in Hamburg will be pleased to assist you but the sales representatives will also visit you at your offices whenever you want if you request so. 24 hours a day and seven days a week information in German and English is available online on the Internet – for you and your customers. Throughout Germany information workshops are regularly held and we would be pleased to invite you to one of them. what exactly are export credit guarantees? federal export credit guarantees Federal Export Credit Guarantees – Hermes Cover – protect your export business against the risk of bad debt losses. The export credit guarantees of the Federal Republic of Germany offer an array of insurance options which are mainly targeted at exports to developing countries and emerging markets. Thus they help to create a level playing field for German exporters in international competition. An Interministerial Committee (IMC) decides on the cover policy for exports to the various countries and on the granting of export credit guarantees. The Interministerial Committee is formed by representatives of the Federal Ministry for Economic Affairs and Energy, which has the lead function, the Federal Ministry of Finance, the Federal Foreign Office and the Federal Ministry for Economic Cooperation and Development. Back in 1949 the Federal Government entrusted two private companies with the management of the export credit guarantee scheme: Euler Hermes Aktiengesellschaft (Euler Hermes) and PricewaterhouseCoopers Aktiengesellschaft Wirtschaftsprüfungsgesellschaft (PwC). Since Euler Hermes is the lead partner in this consortium, the Federal Export Credit Guarantees soon became known as “Hermes Cover”. Long years of experience in export matters have given the staff of the two companies a comprehensive knowhow base in the field of export finance and export credit cover. They offer a customer-focused consultancy service to exporters and banks and support the on-going projects with advice. 4 what can we do for you? a broad range of options for exporters and banks Different export transactions require different types of cover. The export credit guarantee scheme of the Federal Republic can offer a matching type of cover for each of your export transactions: This includes cover of risks before and after shipment of the goods as well as flexible solutions for varying credit periods or the bundling of several shipments under revolving or wholeturnover cover. And the most important aspect: There is no minimum contract value required for export credit guarantees. For exports on medium and long credit terms (more than two years) the Federal Government offers supplier credit cover as well as buyer credit cover for the financing of export deals with tied buyer credits. These types of cover are in demand mostly for individual export transactions. Specific types of cover for project financed transactions and other structured finance constructions are products which will be used in special circumstances. There is a wide range of cover options available for export transactions on short credit terms (payment periods of up to two years): wholeturnover policies and wholeturnover policies light insure exports on short credit terms of an exporter who supplies several buyers in different countries. revolving supplier credit guarantees and revolving buyer credit guarantees provide protection against bad debt losses in cases of repeated deliveries to one buyer. One-off transactions can also be covered with an export credit guarantee on short credit terms. January 2011 the Federal Government introduced buyer credit cover-express, a fast-track procedure that facilitates the financing of exports transacted by small and medium-sized enterprises. However, there are export transactions on short credit terms which do not qualify for Hermes Cover. Cover is only available for supplies destined for non-EU and non-OECD countries (exceptions: Chile, Israel, Mexico, South Korea and Turkey). Since private insurance companies provide sufficient cover facilities for exports on short credit terms to EU and OECD countries – the so-called marketable risks –, the Federal Government is not allowed to offer cover for such business. Export credit guarantees … 5 @ make it possible to open up difficult markets @ offer protection from non-payment @ make export financing easier @ create a level playing field in international competition @ support also small and medium-sized enterprises @ preserve jobs in Germany Insurable risks Export credit guarantees provide protection against bad debt losses mainly due to @ insolvency of the buyer @ non-payment of an account within 6 months after the due date (protracted default) @ legislative or administrative measures and warlike events @ non-conversion/non-transfer of amounts paid in local currency @ confiscation of the goods for political reasons @ frustration of the contract for political reasons our products for the cover of transactions on short credit terms 6 Short-term supplier credit cover When raw materials, semi-finished goods, components, consumer goods and spare parts are supplied, the accepted credit period is normally only up to a six months’ maximum. For high-value components, consumer durables as well as fertilizers and pesticides, the acceptable credit period is 12 months. In these cases of short credit periods we will cover your cross-border supplies under short-term supplier credit guarantees. Occasionally, your foreign buyers also wish to order capital goods supplies (machinery and plant) on short credit terms. It goes without saying that Hermes Cover is available in such cases too, provided that the supplies are destined for countries which are classified as nonmarketable risks. Every German exporter can apply for supplier credit cover. The same holds true for foreign business enterprises who transact export business through their branch offices registered in the German Companies’ Register. Cover takes effect with the shipment of the goods and/or the commencement of service, and ends with full payment of the covered amount owing to you. For the provision of cover we will charge you an administrative fee and a premium, the amounts of which depend on the order value. The premium level will depend on the foreign buyer’s credit rating, the general country risk and length of the credit period. 7 the advantages of the various cover options Supplier credit cover Wholeturnover and revolving cover Buyer credit cover @ many possible combinations @ flexible insurance cover @ customized cover options @ simple and swift handling @ immediate easing of the strain on the balance sheet @ cover before shipment possible @ easy administration @ low costs @ enhanced liquidity @ no negotiations about credit terms @ revolving: simple and swift handling our products for the cover of transactions on short credit terms 8 Revolving supplier credit cover Revolving supplier credit guarantees cover repeated deliveries of goods and the provision of services to one foreign buyer on short credit terms of up to 24 months. Their scope of cover and the premium rate are the same as for short-term supplier credit cover, however, it is much easier for you to handle. If a positive decision is taken on your application for a revolving supplier credit guarantee, you will receive a policy in which the maximum liability accepted (“maximum amount” or “limit”), the permissible payment terms and other general conditions are specified. Because of this limit, which is fixed at the outset, you can use the amount freed up once your covered shipment has been paid for further supplies – the policy “revolves”. There is no need to file separate applications for supplier credit cover for each order and you can react much more flexible to market trends. The Federal Government continues to be liable for these covered trade receivables even if the revolving supplier credit guarantee is not renewed upon the expiry of the policy year. It is up to you to decide whether you wish to include receivables secured by a letter of credit. In this context you have, for example, the option of restricting cover of receivables secured by L/C payable at sight to political risks only. 9 Revolving buyer credit cover If you continually supply a foreign business partner on short credit terms and these supplies are financed by a bank, the bank can insure the credit under a revolving buyer credit guarantee. This type of cover frees up additional liquidity for the exporter. our products for the cover of transactions on short credit terms © Paul Georg Meister/PIXELIO © Paul Georg Meister/PIXELIO 10 Wholeturnover Policies In particular semi-finished goods, consumer goods, raw materials and agricultural produce are usually traded on short credit terms. For all companies with a turnover that qualifies for cover amounting to at least EUR 500,000 and a number of foreign buyers in several countries the obvious choice would be a Wholeturnover Policy (APG) as comprehensive cover. An online link makes this type of cover of supplies on short credit terms of up to 12 months easy to handle and cost-effective. It protects you from bad debt losses due to foreign buyer insolvency, non-payment of receivables within six months following due date as well as due to political risks, especially lack of hard currencies or restrictions on the international payments system. In most cases wholeturnover cover can be provided at a much more favourable price than supplier credit guarantees for individual transactions. Besides, there are no individual application or handling fees. The premium 11 amount will be determined mostly by the country risk and the terms of payment you agreed with your buyers. The higher the risk attached to countries and buyers included in your Wholeturnover Policy, the higher the premium rate will be. On the other hand, the premium will be the more favourable, the better the risks are balanced. In addition, a system of no-claims bonuses/risk surcharges rewards you for entrepreneurial diligence exercised when choosing your business partners. The Wholeturnover Policy runs for one year. The flexibility of wholeturnover cover is proven by a great variety of options for inclusion. You can have receivables from business with customers in Chile, Israel, Korea, Mexico, Turkey and all other non-EU and non-OECD countries included in wholeturnover cover. You can choose freely which of these countries you want to include in the cover. However, you have to offer all deliveries to private buyers domiciled in the countries chosen for cover, with the exception of receivables secured on a letter of credit. You apply for limits (maximum amounts) for commercial and political risks respectively for each buyer, which will be fixed without any extra costs. Hence you will always know which of your customers are included in the cover and with what amounts. In addition, you can optionally include certain types of receivables for the entire policy period. You can exercise these options on a country-by-country basis. Receivables due to your foreign subsidiaries from their foreign customers can be included in the wholeturnover policy irrespective of whether the goods are delivered by your subsidiary to a third country or an end buyer within the country it is domiciled in. You additionally have the option of including your turnover with your foreign affiliates or amounts due from public buyers. A further option is the inclusion of receivables for which a letter of credit has been opened prior to shipment of the goods. No difference is made here between sight letters of credit and deferred payment credits. our products for the cover of transactions on short credit terms 12 options for inclusion in a wholeturnover policy Inclusion not possible for buyers in Right of inclusion in OECD member states for buyers in Right of inclusion in non-EU/OECD member states @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ Australia Canada Iceland Japan New Zealand Norway Switzerland USA EU member states Chile Israel Korea Mexico Turkey options for inclusion in a wholeturnover policy light Inclusion not possible for buyers in Inclusion mandatory for buyers in @ @ @ @ @ @ @ @ @ @ all other countries Australia Canada Iceland Japan New Zealand Norway Switzerland USA EU member states Public buyers Affiliated companies Letters of credit Private buyers 13 Wholeturnover Policies light Wholeturnover Policies light (APG-light) are ideal for exporters who normally agree short credit terms of up to four months. Hence they are aimed at small and medium-sized companies whose turnover from export business is not yet big enough to qualify for normal wholeturnover cover or at larger companies which have only a minimal percentage of their turnover in export business. A Wholeturnover Policy light is even easier to handle than a standard Wholeturnover Policy but does not offer the same comprehensive options for inclusions. The Wholeturnover Policy light also runs for one year, however, all insurable business has to be included in the policy. The Wholeturnover Policy light is handled exclusively via the Internet. You declare your turnover by reporting your turnover for the previous month online and also carry out all other transactions you need to manage your cover, such as making requests for credit limits, via the Internet. When cover commences, the premium rate will be fixed for two years, afterwards the premium may be reduced due to a system of no-claims bonuses/risk surcharges depending on the loss experience. The conditions for an indemnification payment have been simplified, too: The Federal Government indemnifies any insured account if it remains unpaid six months after due date. other products 14 Manufacturing risk cover If you already need cover during the good’s manufacture, our manufacturing risk guarantees are an appropriate safeguard. In particular customized goods should be insured because it may be almost impossible to sell them to another buyer if they cannot be delivered. Manufacturing risk cover includes the actual prime costs you incurred. These are estimated in advance by you and form the basis for the maximum cover amount given. If an insured event occurs, the actual amount of the loss is ascertained by a specially prepared expertise. The guarantee covers all political and commercial circumstances in the buyer country which prevent the completion or the despatch of the goods. The risk of an embargo being imposed is also covered. In combination with short, medium or long-term supplier credit cover, a manufacturing risk guarantee provides comprehensive protection against risks from the commencement of manufacture right through to the payment of the receivables. 15 Frequently your business partners will request you to provide contract bonds, such as advance payment, performance or maintenance bonds, for the transaction of export business. These bonds can considerably restrict your liquidity and put a major strain on your credit line. For example, in many cases the total amount of the down payment has to be deposited as collateral. This restriction can be lifted with the Federal counter-guarantee. With this guarantee the Federal Government guarantees your bank the payment of up to 80 percent of the bond amount if the contract bond is called. On the basis of this guarantee, the bank will forgo further collateral restricting your liquidity and your credit line will only be debited with the remaining 20 percent. © Peter Wiegel/PIXELIO Counter-guarantees 16 how much does cover cost? fees and premiums For supplier credit guarantees and revolving supplier credit guarantees you pay administrative fees and premium for cover. The administrative fees depend primarily on the order value. The premium rate is also determined by the country risk category into which the country of the buyer falls. Besides, the premium rate is influenced by other parameters such as the term of the contract, status of the buyer and, where applicable, the percentage of cover. In addition to the buyer’s credit standing certain types of security interests, which reduce the creditor’s risk, may affect the calculation of the premium. While under manufacturing risk cover your prime costs are covered, the amount of receivables due is the basis for the calculation of the premium in the case of credit risks. With the “Entgeltberechnungs-Tool” on the Homepage of the Federal Export Credit Guarantees (www.agaportal.de) you can quickly calculate the premium payable. Our field staff and the employees at the Head Office will be pleased to assist you if you wish to calculate the costs of an export credit guarantee. The premium for wholeturnover policies and wholeturnover policies light is calculated on the basis of your monthly declared turnover. For Wholeturnover Policies the premium will be fixed on the basis of the risks covered in each individual policy, while fixed premium rates apply to Wholeturnover Policies light. For both types of policies the premium rates will be adjusted in accordance with the claims experience under a system of no-claims bonuses/risk surcharges, which results in premium reductions or increases in subsequent years. However, both types of cover are normally cheaper than an individual supplier credit guarantee. calculation examples for the premium payable for export credit cover (table) case 1 a: Order value: Covered amount: Risk period: Delivery to a country with medium risk level: Public buyer: © Paul Georg Meister/PIXELIO Cost of cover: case 1 b: Order value: Covered amount: Risk period: Delivery to a country with medium risk level: Private buyer: Cost of cover: case 2a: Order value: Covered amount: Risk period: Delivery to a country with medium risk level: Public buyer: Cost of cover: case 2b: Order value: Covered amount: Risk period: Delivery to a country with medium risk level: Private buyer: Cost of cover: * EUR 1 million EUR 850,000 six months Country Risk Category 4 SOV EUR 8,755 plus fees* or 1.03 % of the guaranteed amount EUR 1 million EUR 850,000 six months Country Risk Category 4 CC3 EUR 11,220 plus fees* or 1.32 % of the guaranteed amount EUR 1 million EUR 850,000 five years Country Risk Category 4 SOV EUR 25,925 plus fees* or 3.05 % of the guaranteed amount EUR 1 million EUR 850,000 five years Country Risk Category 4 CC3 EUR 40,545 plus fees* or 4.77 % of the guaranteed amount For transactions of this volume an application fee of EUR 1.000 and an issuing fee for the guarantee declaration of EUR 250 will be charged in addition. 17 18 how much foreign content is permissible? cover of supplies The export credit guarantee scheme is intended to promote German exports. This means that the goods to be exported ought to originate for the most part in Germany. Nevertheless supplies from foreign countries can also be included in the cover. The uniform OECD limit for the cover of local costs is 23 percent of the contract value. In addition to that local costs and foreign content worth up to a total of 30 percent of the contract value may be included in the cover of medium- and longterm transactions without the necessity to give specific reasons. If sufficient reasons can be put forward, the supplies from foreign countries may even account for 49 percent of the contract value. In special cases deserving particular promotion, which require careful investigation, the value may even exceed 49 percent. Under Wholeturnover Policies and Wholeturnover Policies light foreign content and/or local costs worth up to 100 percent can be included in the cover. This holds also true for short-term supplier credit cover unless the goods to be supplied are capital goods. In that case foreign content and/or local cost of up to 49 percent can be included in the cover; if their share is higher, the Interministerial Committee will decide on an inclusion on a case-by-case basis. where and how can you submit an application? applying for hermes cover Before the commencement of the risk you, as exporter, or your bank which is financing the export transaction apply for an export credit guarantee to Euler Hermes. For the sake of a swift processing of the application you should submit information material on your buyer, where available. Such information material will be, above all, your buyer’s annual reports but e.g. presentations showing its business development will also be possible. If cover of a transaction with a contract value of more than 15 million Euros is applied for, a memorandum giving details of financing, infrastructure, environmental aspects and the macro-economic significance of the project is also required. After the export contract has been signed, you will receive a certificate of guarantee. This document contains all material details, such as the type and the amount of the risks insured and a description of your business transaction. 19 20 what happens in case of a loss? indemnification procedure If there are any payment delays, please contact the employees of Euler Hermes early on in order to discuss the specific situation and the necessary steps to be taken. The purpose of this is to assist you with your obligation to take all measures required to collect the outstanding receivables. Because if a loss is looming, team-work between the Federal Government, the exporter, the bank providing the credit and Euler Hermes frequently makes it possible to stabilize a project which has become economically instable and to avoid indemnification payments – at least partially. In most cases the restructuring will be in the form of a prolongation. This has also advantages for you as exporter. If an account due from a foreign buyer is not paid as agreed in the contract, you submit a claim for indemnification to Euler Hermes. We check whether the export business was transacted in accordance with the terms of the guarantee and then indemnify you within one month of the claim being ascertained. Your claim, in the amount indemnified, is then subrogated to the Federal Republic of Germany. You or the bank retains the uninsured percentage agreed for your/its own account. Only legally valid claims can be indemnified. If a foreign debtor disputes his liability to pay, the Federal Government is entitled to suspend indemnification pending final clarification. The Federal Government participates in the costs, e.g. court costs or lawyers’ fees. In the case of political claims it normally tries to recover the sums indemnified in the form of a rescheduling agreement with the country concerned. This procedure may lead to the recovery of your uninsured percentage. exporters’ and banks’ share in a loss There are different uninsured percentages that you have to bear for your own account for political and commercial losses. An exact classification of an event of loss determines the uninsured percentage and the amount of the indemnification. 21 uninsured percentage in case of a loss * Export credit cover 5% 15 % 15 % for political risks for commercial risks* for protracted default Manufacturing risk cover 5% for all types of risks Wholeturnover Policy 5% 10 % for political risks for commercial risks Wholeturnover Policy light 10 % for protracted default For a limited period up to the end of 2016 the uninsured portion can be reduced upon application to 5 % against the payment of a premium surcharge. 22 Export Credit Guarantees of the Federal Republic of Germany are granted under the control of the federal ministry for economic affairs and energy. Bundesministerium für Wirtschaft und Energie Referat VC2 Scharnhorststr. 34-37 10115 Berlin Internet: www.bmwi.de The Federal Government has appointed a consortium formed by euler hermes aktiengesellschaft, Hamburg, as lead partner, and pricewaterhousecoopers aktiengesellschaft wirtschaftsprüfungsgesellschaft, Frankfurt am Main, branch office Hamburg, to manage the official export guarantee scheme. You can find out more details and request information material as well as advice on the options and procedures open to you under the export credit guarantees scheme of the Federal Republic of Germany either from the Euler Hermes Head Office or from the regional branch office for your area. You can also dial up more information via the Internet: e.g. the latest AGA-Report, General Terms and Conditions and information leaflets, the Annual Report in German and English as well as information on events. Federal Export Credit Guarantees head office berlin liaison office Euler Hermes Aktiengesellschaft Gasstraße 27 22761 Hamburg Friedrichstadt-Passagen Quartier 205 Friedrichstraße 69 10117 Berlin Phone: +49 (0)40/ 88 34- 90 00 Fax: +49 (0)40/ 88 34- 91 75 Phone: +49 (0) 30 / 20 94 - 53 10 Fax: +49 (0) 30 / 20 94 - 53 20 info@exportkreditgarantien.de www.agaportal.de aga-berlin@exportkreditgarantien.de branch offices 10117 Berlin Friedrichstraße 69 50672 Köln Hohenzollernring 31-35 60311 Frankfurt Große Gallusstraße 1-7 81373 München Radlkoferstraße 2 22761 Hamburg Gasstraße 27 70597 Stuttgart Löffelstraße 44 For all branch offices Phone: +49 (0) 40/ 88 34 - 90 00 Fax: +49 (0) 40/ 88 34 - 91 41 info@exportkreditgarantien.de www.agaportal.de Euler Hermes Aktiengesellschaft Export Credit Guarantees of the Federal Republic of Germany Postal address 22746 Hamburg, Germany Office address Gasstraße 27 22761 Hamburg, Germany Phone: +49 (0)40/ 88 34- 90 00 Fax: +49 (0)40/ 88 34- 91 75 09 2401e 0814 info@exportkreditgarantien.de www.agaportal.de Branch offices: Berlin, Frankfurt, Hamburg, Cologne, Munich, Stuttgart