Rs 531.44 Order Of 14 June 2002 On Bond Loans To Finance Swiss High Seas Vessels

Original Language Title: RS 531.44 Ordonnance du 14 juin 2002 sur le cautionnement de prêts pour financer des navires suisses de haute mer

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531.44 order on the guarantee of loans to finance ships Swiss high seas from June 14, 2002 (State July 1, 2015) the Swiss federal Council, having regard to art. 22, al. 1, and 52 of the Act of 8 October 1982 on the supply of the country, stop: art. Under the credits, 1 principle the Confederation may grant guarantees for financing high seas vessels when: a. vessels of interest to the country's economic supply and can be put at the service of the latter; b. the purchaser or owner of the ship regularly engaged in maritime navigation and ensures an effective operation of the ship; c. organs of the company that owns and armaments company are qualified, technically as staff, to ensure the operation of the ship.

No bond shall be granted: a. to refinance vessels which, on 3 June 2002, were already registered under flag Switzerland; b. If there are any doubts that the ship was long sailing under the Swiss flag; c. If a vessel is acquired mainly for reasons other than the operation and the operation of the ship; d. If there are any doubts that the ship can obtain the required international certifications.

S. 2 requirements which the vessel must meet suretyships are granted only for ships which: a. are capable of crossing the Atlantic and the Panama canal and the Suez; b. have bunkers and adequate drinking water supplies and offer enough space for storing food and spare parts; c. are equipped with modern means of communication and navigation equipment; d. have less than eight years of age.

For ships of more than eight years of age, guarantees are granted if the vessel in question is of particular interest for national economic supply of the country.

S. 3 extent of the bond loans guaranteed by the Confederation may not exceed, per ship, 85% of the costs of construction or acquisition which complements an annual interest.
It will take due account of the type of ship, its age and its State as well as financial and economic risks incurred.

S. 4 request for bond owners of vessels who are planning to take out a loan backed by the Confederation must address a request to the federal Office for national economic supply (FONES). Applications will be reviewed by order of arrival; the Fones will check whether they are complete and will treat it according to the priorities it has set for the composition of the fleet.
By submitting its application, the borrower must prove that it meets the provisions of the Federal law of September 23, 1953 on maritime navigation for the inclusion of the building in the register of ships Swiss or that it will meet.
The following documents must be attached to the request: a. description of the vessel and a plan of the building (plan general capacity); b. a proof of construction and acquisition expenses; c. for the companies established, the last annual balance sheet of the borrower as well as the report of the Auditors; for new companies, an opening balance sheet, an extract certified register of commerce together with the statutes of the company; d. a table of flow of funds planned for the duration of the requested bail; e. a draft loan contract bringing out the amount and the duration of the bond sought; f. a description of the allocation envisaged for the ship; g. a description of the Organization of the company that owns and armament company.

The Fones may, at the expense of the applicant, require other documents and make or order searches, especially if he has doubts about the condition of the vessel, the origin of the own funds or the capacity of the bodies responsible for directing the company owner or armament company. In its application, the applicant must authorize the Fones to make or order searches of this kind from third parties.

RS 747.30 s. 5 decision to grant bail after reviewing the record, the Fones communicates to the applicant the conclusions which it reached and its decision and explains under what conditions it would be ready, if necessary, to sign the contract of guarantee.
In its decision, the Fones takes into account the interests of the supply of the country and in particular suitability of the vessel, its profitability as well as skills technical and personal of the owner of the vessel, the shipowner and the organs of their respective companies.

S. 6 documents when an application is accepted, the following documents must be sent to the Fones before the conclusion of the contract of guarantee: a. the loan contract signed validly; b. the the Office of the register of Swiss ships certificate confirming that the vessel was registered in the register of ships Swiss or that its owner has made the application; c. the mortgage on ship with authorized signatures; d. classification documents; e. copies of insurance the insurance of the ship.

S. 7 security for Confederation the applicant shall grant a right of pledge on the vessel at its own expense, to the Confederation, to cover the risk linked to the bond and it cede all claims related to the usual ship insurance, unless the lender is does assign these securities, with the agreement of the Swiss Confederation.

S. 8 contents of the contract of guarantee and obligations of the Confederation the Confederation guarantees the repayment of the balance of the loan at the end of the duration of the bond by a contract of guarantee of public law; It is also guaranteeing the repayment of interest on one year at most, once the loan has been fully paid and the registration of the ship in the register of ships Swiss took place.
It can grant simple or solidarity bonds. It grants a joint and several guarantee, if the lender offers an interest rate more favourable than for a single bond.
Surety contracts can be concluded for loans in Swiss currency, American, English or Japanese as well as in euros. The guarantee of loans in other currencies is allowed only in exceptional.
When the loan is issued in foreign currencies, the amount of the bond must also be mentioned in Swiss francs.
If a right of pledge has been granted to the lender and not to the Confederation, the pledge is permitted only with the consent of the latter. If the Confederation refuses to give it, it must simultaneously pay the bonded amount.
The Confederation may require the pledge before being itself continued.
In addition, the provisions of the code of obligations (art. 492 ss) bail shall apply by analogy.

New content according to chapter I of O from 1 Jul. 2015, in force since 1 Jul. 2015 (2015 2255 RO).
RS 220 s. 9 obligations of the lender lenders who provide loans guaranteed by the Confederation have an obligation to commit to the latter to examine credit applications according to the usual criteria of banks and to monitor the repayment of loans that have been granted. Whenever a refund is made, the lender shall immediately report in writing to the Confederation.
The Confederation may require the lender to pay particular attention to and influence on the entrepreneurial activities of the borrower, in order to protect its financial interests.
When the creditworthiness of the borrower becomes questionable, the Fones must be immediately informed. If the lender fails to warn him in a timely manner, it responds for all damages resulting.

Introduced by the c. of o. from 1 Jul. 2015, in force since 1 Jul. 2015 (2015 2255 RO).

S. 10 duration the duration of the bond is secured by the Fones depending on the type, age and condition of the vessel. It amounts to up to 15 years for the financing of new buildings.
For the financing of vessels already in operation, this duration is shortened appropriately.
The Fones may extend the duration of the guarantee in the context of the economic lifetime of the vessel, exceptionally adequately in order to protect the financial interests of the Confederation.

Introduced by the c. of o. from 1 Jul. 2015, in force since 1 Jul. 2015 (2015 2255 RO).

S. 11 replacement and Exchange ships for the financing of which the Confederation is a surety may be disposed of until half of the duration of guarantee has elapsed, unless the Fones is in agreement. The owner of the vessel must repay the whole of the loan and pledge to replace, within two years, the ship sold by other buildings. The Fones may extend this deadline or, exceptionally waive the replacement of the vessel.
For the duration of the guarantee, the owner of the ship has the right to replace it by another, insofar as the situation of the Confederation as a bail is not altered. The Exchange must be approved by the Fones.

S. 12reaffectation of the bond if an owner has depreciated at least half of a loan guaranteed for a ship, the Fones may authorize a reallocation of the corresponding amount according to the criteria of this order for the financing of other ships.
It can allow the reallocation of the amount underwritten for the financing of the same ship, in order to protect the financial interests of the Confederation.

New content according to chapter I of O from 1 Jul. 2015, in force since 1 Jul. 2015 (2015 2255 RO).

S. 13 obligation to provide information and inspection


Shipowners who have obtained a bonded loan have an obligation to contact the Fones their annual accounts and the report of the Auditors within the deadline fixed by the code of obligations. The Fones may at any time demand other documents in order to assess the financial and economic situation of the company that owns; on the other hand, it may require the owner of the vessel to take measures, including reorganisation measures, in order to protect the financial interests of the Confederation.
The Fones is authorized at any time to inspect ships at the expense of the owner, it is planned to finance with a bond or it were so. It coordinates its inspection activities with those of the Swiss maritime navigation Office.

RS 220 new content according to chapter I of O from 1 Jul. 2015, in force since 1 Jul. 2015 (2015 2255 RO).

S. 14 duty on board the safety equipment the transport field can compel ship owners who have obtained a loan guarantee to take on board the safety equipment provided by the Confederation for the ship and staff.

S. 15 execution the Fones is responsible for the implementation of this order.
He announced that each bond and each loan repayment to the Federal Finance Administration.

S. 16 the law in force the order of June 24, 1992, on the guarantee of loans for the financing of ships offshore Swiss is repealed.

[1992 1333 RO]

S. 17 transitional provisions the old law remains applicable to the guarantees granted under the order of June 24, 1992, on the guarantee of loans for the financing of ships offshore Swiss.

[1992 1333 RO]

S. Transitional 17aDispositions of the amendment on July 1, 2015, the old law remains applicable to existing bonds July 1, 2015, at 1800 hours, subject to para. 2. the art. 9, al. 1, 10, al. 3, 12, al. 2 and 13, al. 1, also apply to existing bonds.

Introduced by the c. of o. from 1 Jul. 2015, in force since 1 Jul. 2015 (2015 2255 RO).

S. 18 entry into force this order comes into force on July 1, 2002.

RO 2002 1921 RS 531 State July 1, 2015

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