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The trend of investing, especially in the emerging market economies has been gaining momentum among Malaysian entrepreneurs. As a private investor, you are capable of evaluating the commercial aspects of doing business overseas. However, you may be hesitant to commit your capital to a project especially if you perceive the long term political stability in the host country to be uncertain.

To overcome your hesitation and allay your fears, EXIM Bank through the Overseas Investment Insurance (OII) programme can help to protect your investment and consequently your profits.

Protecting Your Investment

EXIM Bank’s OII covers up to 90% of your losses due to 4 types of political risks: -

 
Transfer Restriction Expropriation War and Civil Disturbance Breach of Contract
Protects your losses arising from the inability to convert for instance, dividends, profits, loan repayments received in local currency due to: -
Excessive delays
Changes in law or regulation
Lack of foreign exchange
Protects your losses due to actions depriving an investor of ownership or control due to: -
Direct expropriation
Creeping expropriation
Protect your losses stemming from physical damage to tangible assets or substantial interruption of business due to: -
War;
Revolution
Protects a Concession Holder against losses arising from repudiation or breach of contract by host government authority. Cover can be considered on case to case basis.
 
Flexible Coverage
 
Choice of risks Choice of Coverage Choice of Form of Investment
You are free to select any of the 4 types of political risks you wish to cover. You may choose one, two, three or all four.
The OII programme offers coverage for a variety of investment structures including: -
Equity
Shareholder Loans
Shareholder Guarantees
Commercial Bank Loans
Movable Assets
You can elect to make your investment in the form of cash, contribution in kind, or by the issuance of a loan guarantee. EXIM Bank will cover any of theses forms of investments.
 
Eligibility Criteria
 
Eligible Investors Eligible Investment
Malaysian Individuals
Companies incorporated and having their principal business in Malaysia
To qualify for OII coverage, your investment must be new and you should apply for cover before becoming irrevocably committed to invest. Existing investment does not normally qualify for coverage but an injection of new capital or new contributions into an existing project for expansion or modernization does.
 
Availability of Coverage
 
Choice of risks Choice of Coverage Choice of Form of Investment
EXIM Bank will provide coverage for your equity investment, plus your retained earnings up to an additional 200 percent of the equity investment, which is the Maximum Amount of coverage available to you. EXIM Bank will cover the amount of loan or guarantee plus interest that will accrue over the term of the loan. The total amount of principal and interest is the Maximum Amount of coverage available to you. The loan must have a repayment period of not less than 3 years from date of disbursement.

For each risk category you wish to cover, you can choose the Maximum Amount and also the Current Amount, which is the amount, your investment is at risk over the course of an annual period of cover.

The difference between the Maximum Amount of coverage and the Current Amount of coverage is the Standby Amount of coverage, which represents a reserve amount that you may utilize to increase the Current Amount on each anniversary date of the guarantee to take into account the changes in value or amount as your investment grows from retained investment earnings.

EXIM Bank can normally give you a standard commitment of coverage of up to 10 years. The guarantee once issued cannot be cancelled by EXIM Bank unless you default on your contractual obligations. However, you are expected to maintain coverage for at least 3 years. Thereafter, you may decide annually whether or not to renew the cover.
 

Claims Payable

EXIM Bank will compensate you as follows: -

  • For Transfer Restriction
    Up to 6 months after attempt to convert or transfer local currency
  • For Expropriation
    Up to 4 months after the expiry of 12 months from the onset of the expropriation action.
  • For War and Civil Disturbance
    Up to 4 months upon proof of damage to physical assets or up to 4 months from the expiry 12 months after the project enterprise has been put out of operation.
  • For Breach of Contract
    At least 2 years must elapse from the initiation of a legal proceeding by you or a final decision by the judicial or arbitral forum, as the case maybe.
  • Recoveries
    In general, recoveries received by EXIM Bank in excess of the amount or claims paid and expenses incurred shall be refunded to you.

Cost Of Coverage

Premium
A premium is charged annually on the Current Amount and the Standby Amount on a case to case basis depending on the project risk profile and country risk.

Handling fee
A one-time handling fee of up to RM1, 000.00 is charged at the time of submitting the Definitive Application.

Minimum Premium
When you terminate your guarantee within a period of 3 years, a minimum premium is payable.

How To Apply For Coverage?

Preliminary Application for OII
To apply, you need to submit a Preliminary Application before the investment is made or irrevocably committed. This is to enable EXIM Bank to determine that your investment is eligible for cover. There is no cost involved in submitting the preliminary application. Upon qualification, a Letter of Registration, together with a Definitive Application will be sent to you. The Letter of Registration is not a commitment for EXIM Bank to issue a Guarantee to you.

Definitive Application for OII
When your investment and financing plans are firmed up, you should promptly complete and return to EXIM Bank the Definitive Application along with all the relevant documents (e.g. Joint venture contract, feasibility study, etc) together with your payment of RM1,000.00 for the handling fee.

Cooperation With Other Political Risk Insurers
EXIM Bank is willing to cooperate with other international political risk insurers such as Multilateral Investment Guarantee Agency (MIGA) or export credit agencies by entering into co-insurance and reinsurance arrangements for joint coverage of eligible investment projects.

 

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