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Export Credit Insurance is the most effective way to protect exporters against losses arising from major export risks. Under its short term Comprehensive Policy, the insurance covers risks in connection with non-payment by the buyer for consecutive deliveries of goods and services, such as raw materials, consumer good and consumer durables which are traded on credit terms not exceeding 180 days.

Contract for export of capital goods or turnkey projects or constructions works or rendering services abroad are not repetitive in nature and they involve medium/long term credits. Such contracts can therefore be covered on case-to-case basis under EXIM Bank's Specific Policies.

What is the Specific Policy for?

Our Specific Policy is intended for exporters of capital goods involving: -

  • supply and installation of plant and equipment
  • building of ships and specialized vessels
  • fabricating of steel structures

Such contracts for capital or semi-capital goods or projects not eligible for cover under EXIM Bank’s Comprehensive Policies (Shipments or Contracts), due to: -

  • non-repetitive business
  • ‘nne-off project’
  • lengthy manufacturing period
  • there may be a substantial element of on-site-work
  • deferred credit payment terms

What the Specific Policy does?

The Specific Policy applies to individual contracts and provides coverage from either date of contract (Specific Contracts Policy) or from date of shipment (Specific Shipments Policy). Whether an exporter prefers a Specific Contracts Policy or a Specific Shipments Policy will depend largely on the nature of the goods exported.

Where the goods are made to the specification of the buyer or where frustration of the contract might result in a serious loss to the exporter, the Specific Contracts Policy would be more appropriate. In either case, EXIM Bank would require the whole contract to be submitted for insurance.

During the pre-shipment period under a Specific Contracts Policy, the exporter is covered against loss due to the insolvency of the buyer or frustration of the contract from causes beyond his and that of his buyer, after shipment, he is covered against loss caused by non-receipt of payments due to any of the specified risks.

Risk Covered

The Specific Contracts Policy and Specific Shipments Policy provide cover against the following risks: -

 
Commercial Risks Economic Risks Political Risks Unforeseeable Events
Insolvency of the buyer;
Failure of the buyer to pay within six months after the due date for goods delivered to and accepted by him.
Blockage of delay in the transfer of payments to Malaysia;
Imposition of import restrictions or the cancellation of valid import licenses.
War;
Revolution or other similar civil disturbances in the buyer’s country.
Any other causes of loss occurring outside Malaysia, which are beyond the control of either the exporter or the buyer.
 

Where EXIM Bank is satisfied that the buyer is an overseas government, or that the contract has been guaranteed by an overseas government and normal legal redress is not possible, EXIM Bank will substitute for commercial risks, the risks repudiation of contract and failure or refusal to pay.

Percentage of Cover

Based on the lower amount of loss or gross invoice value: -

  • Commercial Risk 90%
  • Non-commercial Risk 95%

Finance

Policyholders can assign the proceeds of claims under the policy to their banker to assist them in obtaining post-shipment financing.

Premium Rates

Premium rates primarily depend on the grading of the market and terms or payment. In general, the riskier the market and the longer the credit terms, the higher the premium rates.

 
When will Claims be Paid?
 
Causes of Loss Date of Ascertainment of Loss
Buyer's insolvency
Immediately
Default in payment
6 months after due date of payment
Non-acceptance of goods
1 month after goods are resold
Transfer Delay
4 months after due date of payment
Default by a government buyer
4 months after date of payment
Others
4 months after date of occurrence
 
TYPES OF SPECIFIC POLICY
 

CONSTRUCTIONAL WORKS POLICY
To meet the special needs of Malaysian contractors who undertake construction engineering works for overseas employers involving a large element of services combined with supply of materials, the Specific Constructional Works Policy has been devised.

It has been drafted to apply to business done under "Conditions of Contract (international) for Works of Civil Engineering Construction", the standard form of contract adopted by the industry, but it can be used with other forms of contract. Cover is on the same basis as under the Specific Services Policy.

SPECIFIC CONTRACT POLICY (SHIPBUILDING)
The Specific Contract Policy (Shipbuilding) covers the ship builder against default of the buyer after the ship has been accepted by and delivered to the Buyer and Buyer failure to pay the ship within 6 months after due date of payment any installments of the contract price payable in accordance with the Contract after the ship has been accepted and delivered.

SPECIFIC LEASING POLICY
Full payout (financial) leases for all types of Malaysian goods (for example, contractor’s plant, equipment and machinery, etc) normally sold on terms of more than six months’ credit can be covered on an individual basis under the Specific Leasing Policy. The Policyholder can insure against loss in respect of sums due to be paid under the lease from the following causes: -

  1. insolvency of the lessee;
  2. lessee’s failure to pay amounts due under the lease within six months of due date of payment;
  3. transfer risk;
  4. war between the lessee’s country and Malaysia;
  5. war, revolution or civil disturbance in the lessee’s country.

In the event of breach or termination of the lease, EXIM Bank’s liability would apply only to sums due to be paid under the terms of the lease applying in those circumstances. Those aspects of cover outlines under “Risk Sharing”, “Premium Rates” and “Claims and Recoveries” as applying to the Specific Policy also applies to the Specific Leasing Policy.

Operational leases, where goods remain the property of the lesser, and which are not an alternative to sale of the goods, may be covered under the Specific Services Policy, as appropriate.

SPECIFIC SERVICES POLICY
This policy is intended to provide protection for firm carrying out services for principals overseas (as opposed to selling goods) and applies to all earnings under the individual service contract (Specific Services “Sums Due Policy”) or from the date of submission of invoices (Specific Services Rendered Policy).

Examples of services which may qualify for cover are: -

  • supervision of constructional works and other projects
  • ship repairs
  • overseas project engineering consultancy

Those aspects of cover outlined under “Risk covered”, “Percentage of Cover” and “When Will Claims Be Paid” as applying to the Specific Policy also applies to Specific Services Policy.

The policy can also be endorsed to provide for various factors arising under different contracts, for example, inclusion of foreign goods or sales to associated companies. The policies are thus adaptable.

 

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