Advanced Search

RS 531.44 Order of 14 June 2002 on loan guarantee to finance Swiss high seas vessels

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

531.44

Order on loan surety for financing Swiss high seas ships

14 June 2002 (State 1 Er July 2015)

The Swiss Federal Council,

Having regard to art. 22, para. 1, and 52 of the Act of 8 October 1982 on the supply of the country 1 ,

Stops:

Art. 1 Principle

1 Under the appropriations granted, the Confederation may grant surety bonds for the financing of ships of the high seas when:

A.
Ships have an interest in the economic supply of the country and may be placed at the service of the country;
B.
The purchaser or the owner of the vessel regularly carries out an activity in the maritime navigation and ensures the efficient operation of the vessel;
C.
The organs of the owner company and the arms company are technically qualified to operate the ship.

2 No bond is granted:

A.
To refinance vessels which, as at 3 June 2002, were already registered under the Swiss flag;
B.
Whether the ship is in doubt for a long time under the flag of Switzerland;
C.
If a ship is acquired primarily for reasons other than the operation and operation of the ship;
D.
If it is doubtful that the ship will be able to obtain the required international certifications.
Art. 2 Requirements to be met by the vessel

1 Surety bonds are granted only for ships that:

A.
Are capable of crossing the Atlantic as well as the Panama Canal and the Suez Canal;
B.
Have adequate drinking water and drinking water supplies and sufficient space to store food and spare parts;
C.
Have modern navigation equipment and means of communication;
D.
Are less than eight years old.

2 For vessels over eight years of age, bonds are granted only to the extent that the vessel in question is of particular interest to the economic supply of the country.

Art. 3 Fear of bond

1 Confederation loans may not exceed, by ship, 85 % of the cost of construction or acquisition to which an annual interest is added.

2 Due consideration will be given to the type of vessel, its age and condition and the financial and economic risks involved.

Art. 4 Application for bond

1 Owners of vessels contemplating a Confederation loan must apply to the Federal Office for the Economic Supply of the Country (OFAE). Applications will be reviewed in order of arrival; the FDFO will verify that they are complete and will deal with them according to the priorities it has set for the fleet composition.

2 In making its application, the borrower must prove that it complies with the provisions of the Federal Law of September 23, 1953 on Marine Navigation 1 Concerning the registration of the building in the register of Swiss ships or which it will satisfy.

3 The following documents must be attached to the application:

A.
The description of the vessel and a building plan (general plan, capacity plan);
B.
Proof of construction and acquisition costs;
C.
For established proprietors, the last annual balance sheet of the borrower and the report of the review body; for new companies, an opening balance sheet, a certified extract from the register of trade and the statutes of the Company;
D.
A projected flow of funds for the duration of the bond being sought;
E.
A draft loan agreement showing the amount and duration of the bond being sought;
F.
A description of the proposed assignment for the ship;
G.
A description of the organisation of the owning company and the arms company.

4 The OFAE may, at the expense of the applicant, require other documents and make or order research, especially if it has any doubts as to the condition of the ship, the origin of the own funds or the capacity of the responsible bodies to lead the owner company or the Arms company. In its application, the applicant must authorize the OFAE to do or order such research from third parties.


1 RS 747.30

Art. 5 Decision to grant a bond

1 After reviewing the file, the OFAE communicates to the applicant the conclusions reached and its decision and explains the conditions under which it would be ready, if necessary, to sign the guarantee contract.

2 In its decision, the OFAE takes into account the interests of the supply of the country and in particular the suitability of the ship, its profitability and the technical and personal suitability of the owner of the ship, the shipowner and the organs Of their respective companies.

Art. 6 Documents

When an application is accepted, the following documents must be sent to the FDFO prior to the conclusion of the guarantee contract:

A.
The validly signed loan agreement;
B.
The attestation by the Office of the Swiss Vessel Register confirming that the ship is registered in the register of Swiss ships or that its owner has applied for it;
C.
A mortgage on a ship with authorized signatures;
D.
Classification documents;
E.
Copies of the various insurance policies of the vessel.
Art. 7 Security Interests of Confederation

The applicant must grant to the Confederation, at its own expense, a lien on the ship to cover the risk of the bond and give it all the claims relating to the usual insurance of the ship, unless the lender has done so To assign these security rights, with the agreement of the Confederation.

Art. 8 Contents of the contract of guarantee and obligations of the Confederation

1 The Confederation guarantees, by means of a contract for a guarantee of public law, the repayment of the balance of the loan at the end of the term of the guarantee; it shall also bear the repayment of interest for at most one year, as long as the loan has Has been fully paid and the registration of the ship in the register of Swiss ships has taken place. 1

2 It may grant simple or solidary bonds. It only grants a joint bond if the lender offers a more favourable interest rate than a simple bond.

3 Bonding contracts may be concluded for loans in Swiss, American, English or Japanese as well as in euro. The bond of loans in other currencies is only allowed on an exceptional basis.

4 When the loan is made in foreign currency, the sum of the bond must also be reported in Swiss francs.

5 If a lien has been granted to the lender and not to the Confederation, the realization of the pledge shall be authorized only with the consent of the latter. If Confederation refuses to give it, it must simultaneously pay the bonded amount.

6 The Confederation may require that the pledge be made before it is continued.

7 The provisions of the Code of Obligations 2 On bail (s. 492 (ss) are also applicable by analogy.


1 New content according to the c. I of O of 1 Er Jul. 2015, in force since 1 Er Jul. 2015 ( RO 2015 2255 ).
2 RS 220

Art. Obligations of the lender

1 Lenders who provide condoning loans by the Confederation have an obligation to make a commitment to the Confederation to review credit applications in accordance with the banks' usual criteria and to monitor the repayment of loans that have been Granted. Whenever a refund is made, the lender must immediately report it in writing to the Confederation.

1bis The Confederation may require the lender to monitor particularly and influence the borrower's entrepreneurial activities in order to protect its financial interests. 1

2 When the creditworthiness of the borrower becomes questionable, the OFAE must be informed immediately. If the lender fails to notify the lender in a timely manner, the lender responds to all resulting damages.


1 Introduced by ch. I of O of 1 Er Jul. 2015, in force since 1 Er Jul. 2015 ( RO 2015 2255 ).

Art. 10 Duration

1 The duration of the bond shall be fixed by the OFAE according to the type, age and condition of the ship. It is a maximum of 15 years for the financing of new buildings.

2 For the financing of ships already in operation, this period is shortened in an appropriate manner.

3 The OFAE may exceptionally extend the duration of the bond in the course of the vessel's economic life, in order to protect the financial interests of the Confederation. 1


1 Introduced by ch. I of O of 1 Er Jul. 2015, in force since 1 Er Jul. 2015 ( RO 2015 2255 ).

Art. 11 Substitution and Exchange

1 Vessels for the financing of which the Confederation has been surety may not be alienated until half of the term of surety has elapsed, unless the OFAE agrees. The owner of the vessel must repay the entire loan and commit to replace the vessel sold by other vessels within two years. The OFAE may extend this period or, on an exceptional basis, waive the replacement of the vessel.

2 During the term of the guarantee, the owner of the ship shall have the right to replace the latter by another, to the extent that the situation of the Confederation as a guarantor is not altered. The exchange must be approved by the OFAE.

Art. 12 1 Reassignment of bond

1 If an owner has amortized at least half of a bonded loan for a ship, the AWF may authorize a reallocation of the corresponding amount in accordance with the criteria of this order for the financing of other vessels.

2 It can be used to reallocate the amount of money that is backed up for the financing of the same vessel in order to protect the financial interests of Confederation.


1 New content according to the c. I of O of 1 Er Jul. 2015, in force since 1 Er Jul. 2015 ( RO 2015 2255 ).

Art. 13 Obligation to inform and inspect

1 Owners of ships who have obtained a bonded loan shall be obliged to submit to the OFAE their annual accounts and the report of the review body within the time limits laid down in the Code of Obligations 1 The OFAE may, at any time, request other documents to assess the financial and economic situation of the owning company; it may, on the other hand, require the owner of the ship to take measures, including measures To protect the financial interests of the Confederation. 2

2 The OFAE is authorized at any time to inspect, at the expense of the owner, vessels that are intended to be funded by a surety bond or that have been such. It coordinates its inspections with those of the Swiss Agency for Maritime Navigation.


1 RS 220
2 New content according to the c. I of O of 1 Er Jul. 2015, in force since 1 Er Jul. 2015 ( RO 2015 2255 ).

Art. 14 Obligation to take on board safety equipment

The transport field may require the owners of vessels which have obtained a loan guarantee to take on board the safety equipment provided by the Confederation for the ship and the personnel.

Art. 15 Executing

1 The OFAE is responsible for the enforcement of this order.

2 It announces each bond and loan repayment to the Federal Finance Authority.

Art. 16 Repeal of the law in force

The order of 24 June 1992 on the loan guarantee for the financing of Swiss high seas vessels 1 Is repealed.


1 [RO 1992 1333]

Art. 17 Transitional provisions

The old law remains applicable to suretyships granted under the order of 24 June 1992 on the deposit of loans for the financing of Swiss high seas ships 1 .


1 [RO 1992 1333]

Art. 17 A 1 Transitional Provisions for Amendment of 1 Er July 2015

1 The old right remains applicable to existing bonds at 1 Er July 2015 at 6 p.m., subject to para. 2.

2 Art. 9, para. 1 Bis , 10, para. 3, 12, para. 2, and 13, para. 1, also apply to existing bonds.


1 Introduced by ch. I of O of 1 Er Jul. 2015, in force since 1 Er Jul. 2015 ( RO 2015 2255 ).

Art. 18 Entry into force

This order shall enter into force on 1 Er July 2002.



RO 2002 1921


1 RS 531


State 1 Er July 2015