Regulation (EU) No 1233/2011 of the European Parliament and of the Council of 16 November 2011 on the application of certain guidelines in the field of officially supported export credits and repealing Council Decisions 2001/76/EC and 2001/77/EC

[^E0037]: For the purposes of this questionnaire, ‘national law’ refers to all national legislation of a State, including but not limited to, the Constitution and its Amendments, any federal, state and district law or regulation.

[^E0038]: For example, that (i) treaties prevail over other law as a matter of constitutional or similar framework law in State X, or (ii) legislation is required in State X, and has been enacted expressly setting out the priority of the Cape Town Treaty and/or superseding such other law, or (iii) the Cape Town Treaty or its implementing legislation is (a) more specific than other law (lex specialis derogat legi generali), and/or (b) later in time than such other law (lex posterior derogat legi priori), and as a result of (a) and/or (b) prevails over such other law.

[^E0039]: For example, is there any reason why the rights and remedies granted to creditors under the Convention, including those granted under the QDs, would not (a) be recognised as being effective or (b) be sufficient by themselves, to enable such rights and remedies to be validly exercised in the State?

[^E0040]: An example of an administrative action for the purposes of this question might be the failure by the State to put in place any procedures or resources to give effect to a provision of the Convention or a Qualifying Declaration. Another example would be the failure by a State to put in place proper procedures in its aircraft registry for recording IDERAs.

[^E0041]: Please include in your analysis any precedent/decision relating to the recognition of rights of creditors, including ECAs, when relevant.

[^E0042]: It being understood that when swapping from a LIBOR based floating rate loan to a SOFR based swap rate loan, the credit adjusted spread, as found on the SOFR Libor Basis curve, based on the weighted average life and currency of the loan, shall be added to the swap rate. (For USD on Bloomberg the SOFR Libor Basis curve is found on page IRSB46)

[^E0043]: Based on the Historical Credit Adjustment published by Bloomberg on March 5, 2021 for USD 3 months YUS0003M Index at 0,26161

[^E0047]: Most typically this would be a risk on the central bank or Ministry of Finance. For central government entities other than the finance ministry, due diligence shall be undertaken to affirm that the entity commits the full faith and credit of the sovereign.

[^E0048]: For a Market Benchmark Transaction, the premium rate resulting from the application of buyer risk credit enhancements may not be lower than the applicable Minimum Actuarial Premium.

[^E0049]: Repayment Frequency for annual repayment = 1, for semi-annual repayments = 0,5 and for quarterly repayments = 0,25.

[^E0050]: tli = date of the ist installment; tsp = date of the starting point; Dli = amount paid at the ist installment.

[^E0051]: Following the discontinuation of Libor, Participants agreed on 30 December 2022 to implement a temporary margin of 100 basis points for all currencies for one year as of the implementation of the new CIRR rules (i.e., until 14 July 2024) or until Participants can agree to an alternative.

[^E0052]: If there is a reset of the CIRR, it resets the countdown for the number of months back to zero.