Amendment Of The Export Development Act

Original Language Title: Änderung des Ausfuhrförderungsgesetzes

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121. Federal law amending the Export Promotion Act

The National Council has decided:

The Export Promotion Act-AusfFG, BGBl. N ° 215/1981, as last amended by the Federal Law BGBl. I n ° 145/2008, shall be amended as follows:

1. In accordance with § 2a, the following § 2b is inserted:

" § 2b. The Federal Minister is also authorized to assume liability for contracts concluded between lending operations for the purpose of refinancing loan and loan agreements, provided that the underlying loan and credit agreements are Credit agreements have already been taken over in accordance with Section 1 (1) (1) (2) (securitisation). "

2. § 5 (2) reads:

" (2) An advisory board with the Federal Ministry of Finance shall be established for the assessment of claims for liability in the sense of § § 1 and 2, which exceed five hundred thousand euros in individual cases. Members of the Advisory Council, who carry out this assessment in macroeconomic terms, including environmental and employment policy aspects, are:


A representative of the Federal Ministry of Finance as Chairman, a representative of the Federal Chancellery, the Federal Ministry for Economic Affairs, Family and Youth, the Federal Ministry of Agriculture, Forestry, Environment and Water Management, as well as of the Federal Ministry for European and International Affairs;


one representative of the Austrian Chamber of Commerce, the Federal Chamber of Labour, the Conference of Presidents of the Austrian Chamber of Agriculture and the Austrian Trade Union Confederation;


a representative of the Oesterreichische Nationalbank;


a representative of the Plenipotentiary without the right to vote. "

3. § 7 (3) and (4) reads:

" (3) As long as the balance is not used for payments, the use of the amount corresponding to this credit of the Federal Government shall be used in the export financing procedure of the authorized representative. To the extent of up to 0.2 vH of the liability framework laid down in accordance with § 3 (1), the credit may be used for the purpose of financing the development of the Federal Government with the Development Bank pursuant to § 9.

(4) The credit balance at 31 December of a calendar year 1 vH of the liability framework laid down in accordance with § 3 (1) or an all-due higher provision requirement in accordance with the budgetary provisions of the Federal Republic of Germany shall be the respective excess amount up to 20. to be sent to the Bundeskasse in January of the following calendar year. "

4. § 9 (6) reads:

"(6) The accounts between the Federal Government and the Development Bank concerning liability fees and liability payments shall be made through the account of the account in accordance with § 7; the same shall apply to the use of goodwill in accordance with § 7 (3)."

5. The following paragraphs 7 and 8 are added to § 9:

" (7) All entrances from the development bank's faithful holdings in favour of the Federation shall be accepted by the Development Bank and shall be credited on an ongoing basis in a separate account of the Federal Government which, in accordance with Article 5 (1) of the Federal Republic of Germany, shall be the responsibility of the Federal Government's authorized representative . The Development Bank is authorized to charge the compensation agreed upon with the Federal Government, as well as the payments for reassessment and replacement assessments in connection with the shares in this separate account, which are subject to the terms of the agreement. On the basis of corresponding preliminary calculations of the Development Bank, the Federal Government shall ensure that the account always has sufficient cover for commitments already entered into.

(8) The Federal Minister of Finance may, in order to safeguard his interests in connection with the taking-over of liabilities and in the handling of measures pursuant to paragraph 2, a representative and a deputy of the representative at the Development Bank order. These persons are entitled to inspect all books, documents and other publications of the Company and to participate in all General Meetings and meetings of the Supervisory Board. For the activities of the representative and his deputy, the company may require the payment of an annual flat-rate amount to be determined by the Federal Minister of Finance and to be paid to the Federal Treasury. . The fee shall be proportionate to the costs associated with the activity. "

6. § 10 (1) and (2) reads as follows:

" (1) As far as the names used in this federal law relate to natural persons, the chosen form shall apply to both sexes. The use of these designations for certain natural persons shall be based on the gender-specific form.

(2) The Export Promotion Law-AusfFG, BGBl. No. 215/1981 in the version of the Federal Law BGBl. I n ° 121/2012, will be repeal with 31 December 2017. Any liabilities taken before that date shall remain unaffected. "