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Change Search. For The Implementation Of The Law On Insurance And Export Financing

Original Language Title: změna vyhl. k provedení zákona o pojišťování a financování vývozu

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216/2016 Sb.



DECREE



of 8 March. July 2016,



amending Decree No. 278/1998 Coll., to implement Act No. 58/1995

Coll., on insuring and financing export with State support and complement the

Act No. 166/1993 Coll. on the Supreme Audit Office, as amended by

amended, as amended by Act No. 60/1998 Coll., as amended by

amended



The Ministry of Finance shall determine pursuant to § 1 (1). 4, § 4, paragraph 4. 5 and 7, § 6

paragraph. 4 and § 7b para. 7 of law 58/1995 Coll., on insuring and

financing export with State support and supplement of Act No. 166/1993

Coll. on the Supreme Audit Office, as amended by Act No. 60/1998 Coll.

Act No. 293/2009 Coll. and Act No. 230/2013 Coll.:



Article. (I)



Decree 278/1998 Coll., to implement Act No. 58/1995 Coll.

insurance and funding export with State support and supplement of the law

No. 166/1993 Coll. on the Supreme Audit Office, as amended

the regulations, as amended by Act No. 60/1998 Coll., as amended by Decree No. 88/2000

Coll., Decree No. 355/2001 Coll., Decree No. 29/2003 Coll., Decree No.

407/2006 Coll., Decree No. 62/2010 Coll. and Decree No. 116/2015 Coll.,

be amended as follows:



1. section 2 including the title reads as follows:



"§ 2



How to calculate insurance premiums export capacity



(Article 4, paragraph 5, of the Act)



Calculation of the required premiums the insurance company makes export capacity as

the sum total of the values of export credit risks



and the covered insurance contracts in force) reduced by the value of the

the anticipated payments for insured loans



(b)) contained in contracts of active reinsurance



(c)) contained in the promise of insurance and



d) proposed in the unfinished insurance contracts, for which the conclusion of the

can be qualified to assume in the calendar year to which the State

budget established. ".



2. In article 3, paragraph 3. 2, the second sentence is replaced by the phrase



"This requirement the export insurance company justify an analysis



and State funds and reserves) for the insurance of export credit risks in the

binding to the current and foreseeable development of the insurance commitment ^ 4) and



(b) the current and expected) values above the primary capital in relation

on the current and foreseeable development of the solvency capital

requirement and the minimum capital requirement under section 4A(1). 3 and § 8

paragraph. 7 of the law and under the law governing the insurance industry. ".



3. In article 3, paragraph 3. 3, in the first sentence after the words "insurance funds ' shall be

the words "referred to in paragraph 2 (a). and) ", for the words" from the status of technical

reserves "with the words" calculated in accordance with the law governing

the insurance industry "and the words" the status change of the technical provisions, shall be deleted.



4. In paragraph 3, at the end of paragraph 3 the following sentence "when the processing of the application

the amount of subsidy from the resources of the State budget to replenish insurance funds

in accordance with paragraph 2 (a). (b) the export of which) is based on current

the values of the primary capital, solvency capital requirement and the

minimum capital requirement and the assumption that the values of these

variables at the end of each quarter of the year, to which the State

budget established, all depending on the current and expected

the development of insurance in this engagement period. ".



5. in section 3, paragraph 4 is added:



"(4) the release of approved subsidies from the State budget in accordance with

decision of the Ministry on the basis of the application of the export insurance

replenishment of the funds referred to in paragraph 1, the following requirement according to

paragraph 2, in which the export insurance company shall indicate the current status of the insurance

engagement, the status of the technical provisions, calculated in accordance with the law

relating to insurance and insurance funds and develop

the values of these variables for the upcoming period of at least 90 days, when

taking into account the anticipated cash flow from premiums received,

premiums paid, of claims paid and recovered

claims in this period. Furthermore, export insurance company shall indicate in the application

the current values of the primary capital, solvency capital

the request and the minimum capital requirement and the assumption of values

These variables at the end of each quarter of the current financial year.

These assumptions are a qualified estimate of export insurance company. ".



6. in section 3, paragraph 4, the following paragraph 5 is added:



"(5) in the case of a drop in the value of the primary capital export insurance

below the amount of under section 4A(1). 3 of the Act, or under the minimum

the capital requirement in the course of the year or where the Czech national

Bank export insurance company submit for approval a plan for the restoration or

short-term finance scheme, without undue delay, request export

the insurance company in accordance with § 8 para. 7 of the law Ministry to supplement funds

referred to in paragraph 1, the following requirement referred to in paragraph 2. In the application

export insurance company stating the grounds for the inadequacy of its primary

capital for the performance of the solvency capital requirement and the minimum

the capital requirement including the assumption of the future development of the primary

own funds, the solvency capital requirement and the minimum

the capital requirement at the end of each calendar year, in the coming

three years, all depending on the current and expected developments

insurance engagement in this period, the draft measures leading to

the reduction of its risk profile. These assumptions are qualified

an estimated export insurance company. ".



Paragraphs 5 to 8 shall be renumbered 6 to 9.



7. in section 3, paragraph 3. 8, in the introductory part of the provisions is replaced by the number "6"

the number "7".



8. In section 3, paragraph 3. 8 (a). (c)), the words "1 (b). (b)) "shall be replaced by" 2 ".



9. in section 3, paragraph 9 is added:



"(9) after the eligibility requirements referred to in paragraphs 4, 5 and 8 (b).

(c)), the amount is released as subsidies from the State budget with the

by specifying the creation of funds for the insurance of export credit risks. ".



10. section 7, including the title reads as follows:



"section 7 of the



Method of submission of the application for the endowment of the loss, and payment of subsidies



(Section 6, paragraph 4, of the Act)



(1) an application for the granting of subsidies to cover the losses of export

Bank from the operation of the subsidized financing from the State budget (hereinafter

"subsidies to offset losses") presents the export Bank



and) in drawing up the national budget for the financial year,

on the last day of February of each year, on the basis of a qualified

estimate the amount of subsidy to cover losses



b) before providing subsidies to offset losses in a given year, in a way

laid down in paragraph 2.



(2) Subsidies to offset losses referred to in paragraph 1 (b). (b)) shall be provided in

during the year, quarterly in advance, based on the fact

as reported in the accounts at the end of each quarter. Advance enumerations

subsidies to offset losses in export, the Bank shall submit to the Ministry of

the twentieth day of the month immediately following the end of the quarter.

Advance enumerations subsidies to offset losses for the fourth quarter presents

Export Bank to the Ministry according to the preliminary fact recognised in

accounting export Bank 31. December of a given year not later than 10.

January of the following year. Subsidies to offset losses for the quarter

shall be provided within 30 days of the date of the initiation of the checks on the correctness of enumerations

the amount of subsidy to cover losses by the Ministry. Check the correctness of

the quantification of subsidies to offset losses, the Ministry will launch the following

working day after receipt of the request; about this launch, the Ministry of

export shall inform the Bank without undue delay. In the case that

Ministry finds in the quantification of subsidies to offset losses the incorrectness,

inform the export Bank within 3 working days and set a time limit for

their removal. The time limit for the payment of losses for the quarter

interrupts until the removal of the export Bank irregularities. Export

the Bank financially settles the subsidy to cover losses for a given

calendar year according to the principles and within the time limits set out by Decree

the Ministry governing the financial settlement with the State budget.



(3) an application for a grant referred to in paragraph 1 (b). and) contains the estimated

the amount of subsidy to cover the losses for the financial year. The application shall be

attaches to the analysis of the subsidy requirements to offset losses,

Overview of the status of the commitments arising from contracts for the acquisition of

long-term financial resources closed at the date of the request,

an overview of the expected volume of long-term financial resources

financial year, due to anticipated the need for obtaining new

financial resources in relation to their use of 31. December of the relevant

of the financial year, the supporting documents and the documents on the basis of

analysis of the processed.



(4) an application for a grant referred to in paragraph 1 (b). (b)) contains at least



a) status of the State guarantee,



(b) information on the contracted commercial) cases; contract number or

the business case, complete the identification of the parties for each

business case, which is the name, registered office and identification number

the company has been allocated, and whether it is, for example,

the exporter, the manufacturer, the importer, the guarantor, the guarantor, the type of trade (for example,

direct loan, refinancing a loan, guarantee, derivatives operations), the amount of


of the concluded deal, expressed in the currency in which the transaction is concluded, and in the

Czech Crowns, the amount of the loan facility and the promise of, a way of drawing

contract implementation, method and value of the collateral, the amount of the claim without

adjusting entries and created the amount of adjustments to the claim;

an overview of the business case is presented according to the type of business, credit

shops in the breakdown according to the rules for the assessment of assets, which issues

The Czech National Bank on the basis of the law on banks, and



c) information on the activities under the programmes for the issuing of securities

and book-entry securities during the period.



(5) the request under paragraph 1 (b). b) in electronic form on

the electronic data carrier always attach



and General Ledger) in the range of data/information to be implemented within

financing of eligible for a subsidy in a detailed breakdown of the

the last day of the period to which the application relates,



(b)) all data and information on the basis of the export Bank was

calculation of subsidies to offset losses from the subsidized financing with

entitlement to a subsidy, and this in a structured form. ".



11. section 8 including the title reads as follows:



"section 8



Call for interest differences



(§ 7b para. 7 of the law)



(1) interest rate difference is calculated according to the formula:

YOO Tr YOO Rfix x x (Rt + Mb) Ds

ÚR = ----------- x ---- - ---------------- x ----- ,

100 365 100 365



where:

TH is interest rate difference,

YOO is the principal of the loan,

Rfix is agreed a fixed interest rate as a percentage per year,

The DS is the number of days in an interest-bearing loan principal balance billing period,

RT is a variable interest rate as a percentage per year,

MB is a system Bank's profit margin of the exporter.



(2) for the purposes of determining the floating interest rates shall apply the six-month

the interest rate of IBOR for the currency in which is provided with an export credit

published by Reuters two working days before the beginning of the period for

that call is performed.



(3) the rate of IBOR for the currency in which is provided with an export credit

means:



and for the euro, EURIBOR)



(b)), LIBOR for other currencies for which is determined and uveřejňován,



c) national-IBOR for the currencies for which a LIBOR is fixed and is not

uveřejňován.



(4) for the purpose of converting the interest-rate difference to the Czech Crown is used

Exchange rate of the Czech Crown to the currency in which is provided by export credit

The Czech national bank interest rate for the last day of the period from which the

the interest-rate difference counts. The resulting amount shall be rounded down to the nearest

Crown. ".



12. § 8a including title:



"§ 8a



The amount of the margin of the exporter's bank system



(Section 1, paragraph 4, of the Act)



The system of the Bank lays down exporter margin surcharge in the amount of 0.5% per annum

to the variable interest rate of IBOR pursuant to § 8 para. 2. ".



13. Annex 2 shall be deleted.



14. Footnote 5 is deleted.



Article II



The effectiveness of the



This Decree shall take effect on the date of 15. July 2016.



Minister:



Ing. Sport in r.