Rs 946.10 Federal Law Of December 16, 2005, On Swiss Insurance Against Risks To Export (Servg)

Original Language Title: RS 946.10 Loi fédérale du 16 décembre 2005 sur l’Assurance suisse contre les risques à l’exportation (LASRE)

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946.10 Federal Act on the Swiss export risk insurance * 1 (SERVG) December 16, 2005 (Status January 1, 2016) the Federal Assembly of the Swiss Confederation, view the art. 100, al. 1, and 101, al. 1, of the Constitution, given the message of the federal Council of 24 September 2004, stop: Section 1 provisions general art. 1 purpose this law regulates tasks, benefits and the Organization of the Swiss insurance against risks to export (ASRE).

Art. 2 definitions a. insurance taker: exporter, or third ability by him, which concludes insurance; b. the ordering: person who spends the order and enters into a contract to this effect; c. guarantor: person who ensures, by a guarantee, the debt held by the policyholder to the author of the command; d. debtor: buyer, guarantor or any other person to whom the policyholder holds claims in good standing; e. public debtor : Foreign State or another institution of public law including cannot be placed into bankruptcy, to whom the policyholder has claims in proper manner; f. private debtor: natural or legal person not covered by the let. e and towards whom the policyholder has claims in good standing.

New content according to chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).

Art. 3 legal form the ASRE is an institution under public law, with legal personality.
It is independent in its organization and its management and its own accounting.

Art. 4 insurance against risks to export the ASRE offer insurance against the risks to export within the limits of this Act.

Art. 5 goals the Confederation, through the ASRE, intends to: a. create and maintain jobs in Switzerland; b. promote Swiss economic place in facilitating the participation of the economy of export to international competition.

Art. 6 principles the ASRE: a. is a competent insurance risk public or private and work so as to be self-financing; b. separately manages the risks of private and public debtors (presentation of the accounts in separate sections); the risks can temporarily be compensation between the various headings; c. perceives, as the case may be, a premium proportionate to the risk d. offers its insurance in addition to the private economy; e. features a range of competitive international benefits.

It respects the principles of the foreign policy of the Switzerland.

Art. 7 conclusion of agreements under public international law and representation in organizations international the federal Council may conclude, on his own authority, rescheduling agreements of debt for debt held by the ASRE.
It can allow the ASRE to represent the Confederation in organizations and international associations for questions regarding the export risk insurance.

New content according to chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).

Art. 8 cooperation and participation the ASRE may, for the performance of its duties, cooperate with public or private organizations, set up companies or take a stake in companies.
It may enter into contracts of reinsurance with public or private credit insurance agencies export to ensure export of goods of Swiss origin or with a share of Swiss added value. In the form of reinsurance coverage may be granted based on the primary insurance benefits, provided that the operation is consistent with the purposes of this Act and the principles of the trade policy of the ASRE.

Introduced by chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).

Art. 9 transfer of tasks to a third the ASRE may entrust third parties to the tasks related to the implementation of the insurance.

Art. 10. other tasks the federal Council may load the ASRE of other tasks related to foreign economic policy.
He pays her for these benefits.

Section 2 Conclusion and follow-up of an operation of insurance art. 11 insurance the ASRE ensures the delivery of goods and provision of services abroad (export operations) against payment arrears or other losses resulting from claims against private and public debtors.
The federal Council shall issue an order stating the details of the content, of the conclusion and the monitoring of the operation of insurance, within the limits defined by the following provisions.

New content according to chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).

Art. 12 insurable risks the following risks are insurable: a. political risk; b. difficulties of transfer and payment suspension; c. force majeure; d. credit risk, if the insurant ensures at the same time with the ASRE risks of loss mentioned in the let. a-c; e. risks resulting from guarantees of safety; f. risk of loss on currency in case of incident related to the risks referred to in the let. a-e (possible monetary risk).

The risks referred to in para. 1 are insurable, make it happen before or after the delivery.

New content according to chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).

Art. 13 conditions to conclude insurance insurance can be concluded under the following conditions: a. the exporter is established in Switzerland and registered at the trade register; b. goods and services exported are of Swiss origin or contain an appropriate value Swiss share; c. the party ordering has his headquarters or domicile abroad; d. the export to ensure operation is compatible with the principles referred to in art. 6. insurance is excluded in the following cases: a. risk prohibit insurance; b. the export operation to ensure violates legal, Swiss or foreign regulations; c. the export operation to ensure contravenes the commitments of Switzerland on public international law.

New content according to chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).
New content according to chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).
New content according to chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).

Art. 14 premium the ASRE collects a premium to the policyholder.
The premium is particularly function of risk, the insured amount and the duration of the insurance.

Art. Insurance the ASRE 15Conclusion is in principle of the insurance by decision. It may enter into a contract under public law when it suits its interests.
There is no right to the conclusion of an insurance.
When the ASRE refuses to take out insurance, she makes a decision subject to appeal.

New content according to chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).

Art. 16 obligation to inform and duty of care for the person who wants to enter into or concluded insurance is required to provide and to check the information necessary to estimate the export operation and monitoring of the operation of insurance.
It is incumbent to take the measures ordered by the circumstances in order to avoid a loss.

New content according to chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).

Art. 17 insurance benefits if a receivable remained outstanding or damage are announced, the ASRE pays the proportion set in the insurance loss or the back of proven payment.
Insurance coverage amounts to more than 95% of the insured amount. The federal Council sets maximum rates of coverage according to risk and debtors.

New content according to chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).

Art. 18 excluded benefits insurance benefits are excluded, suspended or reduced: a. If insurance has been concluded on the basis of misrepresentation; b. when the policyholder violates the terms of insurance or that he suffers losses due to conduct contrary to the contract concluded with the debtor; c. when the policyholder suffers losses due to agreements made after the fact with the debtor which limit his rights or which prevent or delay the payment of the debt.

New content according to chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).

Art. 19 loss in case of damage, overdue debt and all ancillary rights and the property of goods destined for export which have not been delivered are transferred to the ASRE in proportion to the amount paid.
After a loss, the policyholder is required to help the ASRE to collect the debt and make the best goods that have not been delivered. It is required to pay to the ASRE, without waiting to be invited, the share due on cash and revenues.

Art. 20 obligation to repay


If it later turns out that the conditions justifying the payment of the benefit of the ASRE were not met, the policyholder shall repay the amount received, plus interest calculated in accordance with art. 104 of the code of obligations.
This rule applies even if the sum was paid to a third party.

RS 220 art. 21 assignment of insurance the policyholder may, with the agreement of the ASRE, yield insurance at the same time as his debt to a third party.

Art. 21aAssurance of the manufacturing tax credit when a financial institution grants credit to an exporter to finance the provision of benefits by it as part of the export operation, the ASRE can ensure the payment obligations of the exporter to the financial institution, provided that the export operation is ensured by it.
When the ASRE granted compensation to the financial institution, the exporter is required to pay him in full, including interest and costs.
For the rest, the provisions relating to the conclusion and monitoring of an insurance transaction are applicable.

Introduced by chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).

Art. 21bGaranties as a financial institution issues a guarantee of security in connection with a provided by the ASRE export operation, shall ensure that the financial institution it will reimburse, at first request, and to the total amount, the amount paid as a result of the call of the guarantee of safety, if the financial institution gets no coverage of the exporter (guarantee bonds).
When a credit is taken to finance obligations of the author of the command as part of an export by the ASRE operation and that a third party is refinances the credit to the lender, the ASRE can guarantee a third it will repay in full, at first request, the unpaid amount if the lender or the debtor does not payments due (refinancing guarantee).
When the ASRE proceeded to a payment, the policyholder is required to pay him in full, including interest and costs.
For the rest, the provisions relating to the conclusion and monitoring of an insurance transaction shall apply by analogy.

Introduced by chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).

Section 3 organization and staff art. 22 organs the organs of the ASRE are: a. the Board of Directors; (b) the Director; c. the Auditors.

The Board of Directors and the Auditors are appointed by the federal Council. The members of the Board of Directors are appointed for four years.
The federal Council may, for important reasons, revoke the bodies appointed by him.

Art. 23 responsibility of the public limited company law provisions on responsibility (art. 752 to 760 of the code of obligations) apply by analogy to the responsibility of member bodies of the ASRE. The law of 14 March 1958 on the responsibility is not applicable.
Disputes concerning the liability of the members of the organs of the ASRE belong to the civil courts. In such a procedure, the Confederation has the status of shareholder and creditor of the company.

RS 220 RS 170.32 art. 24 Board of Directors the Board of Directors is composed of seven to nine members. The social partners are taken into account in an appropriate manner.
The federal Council appoints the president.
The Board of Directors: a. appoint the Director; b. enacts internal rules c. Approves the plan and budget; d. ensures the implementation of the strategic objectives of the federal Council; e. establishing the annual accounts and the management report, he published after approval by the federal Council; f. Decides, subject to the powers of the federal Council referred to in art. 34, the conclusion of insurance; g. establishes the rate of premiums, which must be approved by the federal Council h. enacts the staff rules, which must be approved by the federal Council i. stop the risk of the ASRE policy; j. fulfills other tasks provided for by the internal regulation. The Board of Directors may delegate to the Director responsible for concluding insurance within the limits of the applicable risk policy.

Art. 6, art. 1 to 5, of the Act of March 24, 2000, on the staff of the Confederation applies by analogy to the fees of the members of the Board of Directors and other contractual terms agreed with them.

New content according to chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).
New content according to chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).
SR 172.220.1 art. 25 Director Director: a. is responsible for the management of the institution, insofar as the Board of Directors is not competent; b. organizes and directs the ASRE c. committed staff of the ASRE; d. represents the ASRE in its relations with the outside world and in organizations within the meaning of art. 7, al. 2 art. 26 Auditors the Auditors check: a. the bookkeeping and the annual accounts; (b) the presentation of the Board of Directors relating to cash flow.

It presents a report on the outcome of its review to the Governing Council and the federal Council.

Art. 27 staff personnel of the ASRE is committed in accordance with the relevant provisions of the code of obligations.
The ASRE applied to his personnel policy art. 4 and 5 of the Act of March 24, 2000, on the staff of the Confederation.
Art. 6, art. 1 to 5, of the Act of March 24, 2000, on the staff of the Confederation applies by analogy to the salary of the Director, executives and the rest of the paid staff in a comparable way as well as other contractual terms agreed with these people.

RS 220 SR 172.220.1 art. 27aObligation to denounce, denounce law and protection bodies and the ASRE staff members are required to report to the prosecution authorities, their superiors, to the Board of directors or the federal control of finance all crimes and offences prosecuted Office they knowledge, or which are brought to their attention in the exercise of their function.
The obligations to report under other federal laws are reserved.
People who have the right to refuse to file or to testify under arts. 113, al. 1, 168 and 169 of the code of criminal procedure are not subject to the duty to report.
Bodies and the ASRE staff members have the right to report to their superiors, to the Board of directors or the federal financial control other irregularities which they have knowledge or that are reported to them in the exercise of their function. The authority establishes the facts and take the necessary measures.
No one should suffer a disadvantage professionally when, in good faith, it denounces an offence or announces an irregularity, or when filing as a witness.

Introduced by chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).
RS 312.0 Section 4 finance art. 28 cash Confederation gives the ASRE of loans at market interest rates to ensure its capacity to pay in the context of the fulfilment of its tasks according to the art. 4 and 11.
The ASRE place excess funds with the Confederation to market interest rates.
Details are regulated in an agreement made between the ASRE and the Federal Finance Administration.

Art. 29 establishment of accounts of the ASRE are established in order to present the State of fortune, finance and revenue in separate topics.
For operations of insurance covering the risk of credit of the private debtor, the results are reported separately.
Accounts are established according to the principles of the importance of clarity, the permanence of the accounting methods and gross product, and are based on generally accepted standards.
The rules review registration and evaluation of accounting principles should be exposed.
The federal Council may issue provisions concerning the establishment of the accounts of the ASRE.

New content according to chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).

Art. 30 taxes the ASRE is exempt from federal, cantonal and municipal taxes. Are reserved the following federal taxes: value-added tax. b. withholding tax.

Art. 31 rescheduling of debt and restructuring the insured receivables, including the uninsured, may be included as a total debt rescheduling of debts negotiated with public debtors and restructuring negotiated with private debtors.
The right to insurance benefits does not thereby turn off.
After a rescheduling or restructuring, the ASRE can adopt, for compensation, the share of uninsured of the insurant.
If Confederation, in the event of rescheduling of debt and restructuring, ongoing objectives and missions that are not based on this Act, the ASRE must be paid if this costs.
The federal Council shall regulate the terms and conditions.

Section 5 defence of the interests of the Confederation


Art. 32 monitoring the ASRE is placed under the supervision of the federal Council.
The legal jurisdiction of the federal financial control and supervision of the Parliament are reserved.

Art. 33 strategic objectives and federal commitment the Commission ceiling fixed for four years the strategic objectives of the ASRE and review them periodically.
It determines the ceiling the insurance commitment.

Art. 34 particularly export operations insurance important the federal Council may, at the request of the federal Department of the economy, training and research (Davis), give the ASRE of guidance for the assurance of a particularly important export operation.

New expression by clause I 35 O of 15 June 2012 (reorganization of departments), in force since Jan. 1. 2013 (2012 3655 RO). This mod has been taken throughout the text.

Art. 35 the ASRE and the EAER assessment ensure that periodic assessment takes place to ensure that the goals set out in the Act are met and that the principles referred to in art. 6 are respected.

Section 6 provisions criminal art. 36 is punished with a custodial sentence of a year or a monetary penalty anyone intentionally: a. obtains, for himself or for another person, by inaccurate or incomplete information, the conclusion of an insurance or an insurance benefits; b. subtracted, by inaccurate or incomplete information to pay or repay bonds referred to in art. 19, al. 2, second sentence, and 20; c. contravenes the obligation referred to in art. 16, al. 2, to take measures to avoid a loss; d. violates the obligation to help the ASRE to collect the debt and make the best goods which were not delivered contained in art. 19, al. 2, first sentence.

The act committed abroad is also punishable.
The criminal prosecution on the basis of the special provisions of the criminal code is reserved in all cases.
The prosecution is the responsibility of the cantons. All judgments and orders of dismissal must be transmitted in their entirety and without delay to the public prosecutor of the Confederation.

New content according to art. 333 of the penal code (RS 311.0), in the content of the Federal Act of 13 Dec. 2002, in force since Jan. 1. 2007 (2006 3459 RO; FF 1999 1787).
RS 311.0 Section 7 provisions final art. 37 repeal and amendment of existing law the Federal law of September 26, 1958 on the guarantee against the export risk is repealed.
...

[RO 1959 409, 1973 1024, 1978-1985, 1981 56, 1992 288 annex ch. 63, 1996 2444]
The mod. can be found at the RO 2006 1801.

Art. The Federal law of September 26, 1958 on the guarantee against the export risk 38 transitional provisions continue to apply to guarantees granted before the entry into force of this Act.
The al. 1 also applies to the promises of security, provided that they have not been granted subject to provisions of the new law.

[RO 1959 409, 1973 1024, 1978-1985, 1981 56, 1992 288 annex ch. 63, 1996 2444]

Art. 39 the ASRE the ASRE institution acquires legal personality to the entry into force of this Act. It replaces the guarantee against the export risk fund.
She takes over the assets and liabilities of the Fund so that the rights and obligations of the Office for security against the export risk established by the Federal law of September 26, 1958 on the guarantee against export risks.
The federal Council takes the following provisions: a. he decided from the moment of the transfer of assets and liabilities as well as rights and obligations; transfer and the necessary entries are not taxable or subject to fee; b. approved the list of liabilities, assets, rights and obligations to resume and commitments, conditions and charges related; c. Approves the opening balance sheet of the ASRE and d. it takes other measures necessary for the transfer.

[RO 1959 409, 1973 1024, 1978-1985, 1981 56, 1992 288 annex ch. 63, 1996 2444]

Art. 40 transfer of work reports the working relationship of the Office workers for the guarantee against the export risk pass to the ASRE in the entry into force of this Act. The appointment of the Director is reserved, pursuant to art. 24, al. 3, let. a, of this Act and art. 333 of the code of obligations.

RS 220 art. 41 repealed by no I of the Federal Act of 12 Dec. with effect from Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).

Art. 42 referendum and entry into force the present law is subject to the referendum.
The federal Council shall determine the date of entry into force.

Date of entry into force: 1 January 2007 art. 3 and 22 to 27: 1 June 2006 RO 2006 1801 * terms for individuals apply to women and men.
RS 101 FF 2004 5441 new content according to chapter I of the Federal Act of 12 Dec. in force since Jan. 1, 2014. 2016 (2015 2217 RO; FF 2014 3897).
ACF of April 12, 2006 status January 1, 2016

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