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Export Working Capital Guarantee for the United States

Export Working Capital Guarantee Template for United States

An Export Working Capital Guarantee is a legal instrument used in the United States that provides assurance to lenders who finance U.S. exporters' working capital needs. The guarantee typically covers up to 90% of the loan amount, reducing the risk for lenders and enabling them to provide pre-export financing to qualified exporters. This document is governed by U.S. federal law and typically involves compliance with Export-Import Bank regulations, international trade laws, and banking regulations.

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Export Working Capital Guarantee

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What is a Export Working Capital Guarantee?

The Export Working Capital Guarantee serves as a crucial tool in international trade finance, enabling U.S. exporters to access necessary working capital for their export operations. This document is particularly important when exporters need financing for inventory, materials, or labor costs associated with export orders but may lack sufficient collateral or credit history to secure traditional financing. The guarantee structure, governed by U.S. law, typically includes detailed provisions about the scope of coverage, compliance requirements, reporting obligations, and risk management procedures. It's commonly used in conjunction with Export-Import Bank programs and must comply with various federal regulations governing international trade and banking.

What sections should be included in a Export Working Capital Guarantee?

1. Parties: Identification of the lender, borrower, and guarantor

2. Background: Context of the export transaction and purpose of the guarantee

3. Definitions: Key terms used throughout the agreement

4. Guarantee: Core terms of the guarantee, including scope and limitations

5. Conditions Precedent: Requirements that must be met before the guarantee becomes effective

6. Representations and Warranties: Statements of fact by the parties regarding their status and ability to enter into the agreement

7. Covenants: Ongoing obligations of the parties during the guarantee period

8. Events of Default: Circumstances that trigger default and enforcement rights

9. Remedies: Actions available to parties in case of default

What sections are optional to include in a Export Working Capital Guarantee?

1. Security Provisions: Details of any collateral or security arrangements when the guarantee is secured by specific assets

2. Export Compliance Requirements: Specific export control compliance obligations when dealing with controlled goods or restricted markets

3. Currency Provisions: Terms dealing with currency conversion and exchange risks when transaction involves multiple currencies

4. Insurance Requirements: Specific insurance obligations when insurance is required as part of the guarantee structure

What schedules should be included in a Export Working Capital Guarantee?

1. Schedule of Export Transactions: Details of the underlying export transactions covered by the guarantee

2. Form of Drawdown Notice: Template for requesting funds under the guarantee

3. Compliance Certificate: Standard form for periodic compliance certification

4. Security Documents: Forms of security documentation if applicable

5. Export Documentation Requirements: List of required export documentation and procedures

6. Fee Schedule: Details of all fees and charges applicable under the guarantee

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Clauses






























Relevant Industries

Manufacturing

Agriculture

Technology

Services

Energy

Relevant Teams

Finance

Legal

International Trade

Treasury

Compliance

Relevant Roles

Chief Financial Officer

Export Finance Manager

Trade Finance Director

Compliance Officer

Treasury Manager

Industries

Export-Import Bank Act of 1945: Primary legislation governing Ex-Im Bank operations and export financing programs, including working capital guarantee provisions

Export Trading Company Act of 1982: Legislation promoting export trade activities and establishing framework for export trading companies

International Banking Act: Regulates international banking operations and transactions in the United States

UCC Article 9: Uniform Commercial Code provisions governing secured transactions, crucial for collateral and security interests in export financing

Foreign Corrupt Practices Act: Anti-corruption legislation affecting international business transactions and export activities

Export Administration Regulations: Regulations controlling exports of commercial and dual-use items, including licensing requirements

ITAR: International Traffic in Arms Regulations controlling defense-related exports

OFAC Regulations: Treasury Department regulations governing sanctions and restricted party transactions

Federal Reserve Regulations: Banking regulations affecting international transactions and export financing

Bank Holding Company Act: Regulations governing bank holding companies involved in export financing

Truth in Lending Act: Requirements for disclosure of credit terms in financing arrangements

Equal Credit Opportunity Act: Ensures fair access to credit in export financing arrangements

UCP 600: Uniform Customs and Practice for Documentary Credits, governing letters of credit in international trade

Sarbanes-Oxley Act: Corporate governance requirements affecting public companies involved in export transactions

Anti-Money Laundering Regulations: Requirements for preventing money laundering in international transactions

USA PATRIOT Act: Security and anti-terrorism provisions affecting international financial transactions

State Banking Regulations: State-specific requirements for banking and financial transactions

WTO Agreements: International trade agreements establishing framework for global trade

Bilateral Trade Agreements: Country-specific trade agreements affecting export requirements and conditions

ICC Rules: International Chamber of Commerce rules governing international trade practices

Teams

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