Suspension of Cover for Russia and Belarus
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Cover policy Export Credit Guarantees
Russia
Country category 7 of 7
On Thursday, 24.02.2022, the Federal Government suspended the granting of export credit guarantees for Russia until further notice. Since Saturday, 26.02.2022, there has also been an EU-wide ban on export credit guarantees for Russia.
Short-term transactions
There are no cover options.
APG country provision
There are no cover options. Shipments below the existing APG limits may no longer be carried out.
Medium/long-term transactions
There are no cover options.
Belarus
Country category 7 of 7
On Thursday, 24.02.2022, the Federal Government suspended the granting of export credit guarantees for Belarus until further notice.
Short-term transactions
There are no cover options.
APG country destination
There are no cover options. Shipments under the existing APG limits may no longer be carried out. The waiting period for the occurrence of the guarantee event in accordance with Section 4 (2) No. 2 (Conversion and transfer event) of the General Terms and Conditions (P) is extended from 3 to 6 months.
Medium/long-term transactions
There are no cover options.
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Questions and answers
RUS/BLR: Is the federal government currently still providing cover for Russia and Belarus?
In view of the Russian attack on Ukraine, the German government suspended the provision of export credit guarantees (so-called Hermes Cover) and investment guarantees for Russia and Belarus on Thursday, 24.02.2022 until further notice. No applications for export credit guarantees and investment guarantees will be processed for these countries. On Saturday, 26.02.2022, an EU-wide ban on export credit and investment guarantees for Russia also came into force.
What will happen with my cover for Russia – will it remain in force?
Any already existing export credit and investment guarantees will continue to protect exporters, financing banks and investors against bad debt losses and political risks in Russia and Belarus.
RUS/BLR: What are the effects on existing cover?
After receiving the letter informing about the increase of risk of 21.03.2022, any manufacturing, deliveries/services and disbursements under buyer credits may only be made with prior consent of the Federal Government. The same applies to the provision of (covered) contract bonds.
Regarding Wholeturnover Policies/revolving cover, the following shall apply: Cover for deliveries already made will continue to exist. Any new deliveries made after 02.03.2022 are not covered.
I have a valid offer of cover for my transaction and want to conclude the export contract soon. Will the Federal Government still provide cover when I report the conclusion of my export contract?
The current situation constitutes a change in the legal and factual situation. Offers of cover cannot normally turned into a final commitment to cover. Therefore, the policyholder should, by all means, contact Euler Hermes before signing the contract with his foreign customer.
RUS/BLR/UKR: : If I do not effect the delivery, I will be faced with contractual penalties. What can I do?
What you can do depends on what is stipulated in the export contract. Contractual penalties are not covered under manufacturing risk cover or buyer credit cover. The same applies to Wholeturnover Policies/revolving cover.
RUS: What effects does the Russian presidential decree 95 regarding the C account have? What has to be taken into account?
Please try to persuade your customer to apply for an exemption so that the payment can be made in the contractually agreed currency. If your customer pays in rouble via a C account, the following shall apply:
- | The C account is opened by your Russian customer on your behalf. You are not involved in the opening of the account; the account will be opened even if you do not want that. | ||
- | If, in individual cases, payments made in roubles result in the discharge of the covered account receivable on the basis of the applicable law, then the following shall apply: As far as it is not possible to use the monies in RUS, you should try to have them transferred from Russia. If the monies are used in RUS (e.g. by a subsidiary in Russia) or a transfer from Russia is possible, the amounts have to be included in the calculation of the indemnification. | ||
- | If the payment made in roubles into the C account does not result in the discharge of the covered account receivable due to the regulations in the loan agreement and the applicable law (normally when the contract is governed by other than Russian law), then | ||
- | the amounts in the C account shall remain untouched for the time being | ||
- | the rouble amounts in the C account will not be taken into account in the indemnification process. |
The above explanations do not predetermine when a payment into a C account results in a (political/commercial) event of loss.Further clarifications are under way.
RUS/BLR/UKR: Is it still possible to dispatch goods to Russia, Belarus or Ukraine against advance payment?
It is still possible to process orders from buyers in these countries against advance payment.If you receive the money before you dispatch the goods, the transaction does not involve any risk for the Federal Government. The money will not be set off against older, unpaid accounts receivable, if it is explicitly designated as advance payment for goods to be dispatched soon.
The waiver of the provisions in the General Terms and Conditions governing the offsetting of monies received will not release you from your obligation to take all necessary and suitable measures dictated by sound business practice to mitigate any loss. The Federal Government therefore presupposes that the new business against advance payment helps to settle and/or pay existing debts; this will be checked in the event of a loss if necessary.Existing contracts which provide for a delayed payment term can be changed to advance payment prior to the dispatch of goods.
Regarding Wholeturnover Policies/revolving cover, the following shall apply: Such dispatches are not covered by the Federal Government and need not be reported.
UKR: Are shipments to Ukraine still possible? Does the federal government still provide cover?
Deliveries under existing supplier and buyer credit cover are still possible if you can demonstrate to us that deliveries can in fact be made and that a functioning payment channel exists. Deliveries require the explicit approval of the Federal Government.
In accordance with the General Terms and Conditions, you are responsible for checking on a case-by-case basis whether there are any risk-increasing circumstances that require the Federal Government's notification and approval.
The following applies to groupage cover: shipments can only be made with the approval of the Federal Government.
Contrary to the APG-Light blanket contract, receivables for deliveries to Ukrainian customers for which a letter of credit was opened prior to shipment can also be covered.
The provisions of the country letters of 08.07.2022 apply to APG and APG-Light.
Overview of how to deal with existing sanctions
Both the EU and the Federal Office of Economics and Export Control (BAFA) have published handouts on how to deal with the sanctions, which contain key information and helpful explanations.
- Official Journal of the European Union, see point 1, o)
- EU sanctions (Federal Government.de)
- Questions and answers on Russia sanctions (BMWK)
- Information for companies and associations (BMWK, PDF)
- Information on embargoes against Russia (BAFA)
- Invasion of Ukraine by Russia: EU reaction (European Council)
- New EU sanctions against Russia (BMWK, PDF)
- Sanctions against Russia, GTAI Special
- Federal government's protective shield for companies affected by the consequences of war starts step by step [Press release BMWK, BMF, KfW (PDF)]
Contacts
- AHK Russia, AHK Belarus, AHK Ukraine
- Federal Office of Economics and Export Control (BAFA, Hotline: +49 (0) 6196/908-1237)
- Platform Reconstruction Ukraine Federal Ministry for Economic Cooperation and Development (BMZ)
- Reconstruction of the economy in Ukraine GTAI (Germany Trade and Invest)
- Committee on Eastern European Economic Relations