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MIGA: Who We Are and What We Do
MULTILATERAL INVESTMENT GUARANTEE AGENCY WORLD BANK GROUP
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I N S U R I N G I N V E S T M E N T S E N S U R I N G O P P O R T U N I T I E S
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The World Bank Group 1944 IBRD International Bank for Reconstruction and Development 1960 IDA International Development Agency 1956 IFC International Finance Corporation 1966 ICSID International Center for the Settlement of Investment Disputes 1988 MIGA Multilateral Investment Guarantee Agency Promote FDI with the use of guarantees and technical assistance
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World Bank Group Instruments
IFC A-Loan IFC B-Loan IFC C-Loan IFC Guarantees (partial credit structures usually for local financing) Interest Rate and Currency Swaps Political Risk Insurance expropriation transfer restriction breach of contract war & civil disturbances NHSFO Guarantees partial risk partial credit IBRD Loan IDA credits and grants Tech. Assistance
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About MIGA MIGA was created in 1988 as a member
of the World Bank Group to promote private foreign direct investment into developing countries to support economic growth, reduce poverty, and improve people’s lives
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What We Do Noncommercial risk insurance (guarantees) for investors and lenders Investment dispute mediation Technical assistance to help countries attract and retain FDI Online information on investment opportunities and operating conditions in developing countries (pri-center.com) Concerns about uncertain political environments and perceptions of political risk often inhibit investment, with foreign direct investment (FDI) often going to a handful of countries and leaving the majority of developing countries largely ignored. MIGA’s guarantee program acts as a catalyst to open up markets to FDI and support projects with the strongest development impact. The agency uses its legal services to mediate potential investment disputes between investors and host governments. MIGA’s technical assistance services play an integral role in catalyzing foreign direct investment by helping developing countries around the world define and implement strategies to promote investment. MIGA also develops and deploys tools and technologies to support the spread of information on investment opportunities.
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Our Strategic Priorities
Focusing on sustainable development Opening up difficult or frontier markets, especially in conflict-affected countries Supporting investments in Africa and the world’s poorest countries Supporting complex projects Promoting cross-border investments between developing countries As a development agency first and foremost, our primary objective is to increase foreign direct investment into developing countries to reduce poverty and improve people’s lives. Projects supported by MIGA are above all, developmentally responsible. They have widespread benefits--generating jobs and taxes, and transferring skills and know-how. Local communities often receive significant secondary benefits through improved infrastructure. Projects encourage similar local investments and spur the growth of local businesses. In addition, MIGA’s involvement requires investors to adhere to World Bank Group social and environmental standards. MIGA also focuses on opening up difficult or frontier markets, especially in conflict-affected countries, an area where other insurers and many investors are not willing to go. Another focus is on supporting infrastructure investments, which often involve untested municipal governments and require complex coverage arrangements. Investments between developing countries is another priority for MIGA, and one where we have extensive experience.
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Types of Investments Covered
Equity Shareholder loans Loan guarantees Loans from financial institutions Non-shareholder loans Non-equity direct investment …other forms of investment such as technical assistance and management contracts, asset securitizations, capital market bond issues, leasing, services, franchising and licensing agreements, may also be eligible for coverage.
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Eligibility Requirements
Eligible investments Cross-border from one member country (developed or developing) into another developing member country Primarily “greenfield” investments If an existing investment, must have high developmental impact
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Terms of Coverage Amount of coverage Tenor Pricing
MIGA can typically arrange cover for all amounts, either on its own books or through co/reinsurance No minimum amount for guarantee or size of investment Amounts can include interest principal for debt and future retained earnings for equity Equity covered up to 90% and debt up to 99% Tenor Minimum 1 year, up to 20 years; investor decides on the duration of a guarantee Investor can cancel the contract after the 3rd anniversary Pricing Premium rates are decided on a per project basis and vary by country, sector, transaction and the type of risk insured Premiums are paid annually or semi-annually and are calculated as a percentage rate applied to the amount of coverage
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Overview: MIGA’s Coverages
Inconvertibility and Transfer Restriction Expropriation War and Civil Disturbance Breach of Contract Non-Honoring of Sovereign Financial Obligations
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Political Risks Covered by MIGA (I) Inconvertibility and Transfer Restriction
Protects against losses arising from inability to convert local currency into foreign exchange within the host country transfer funds out of the host country In case of convertibility restrictions, MIGA’s compensation is based on official rate of exchange at the Date of Loss Currency depreciation and devaluation not covered Conversion and transfer have to be lawful in the Host Country at the time when MIGA’s coverage is issued
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Political Risks Covered by MIGA (II) Expropriation
Protects against losses arising from: Nationalization and confiscation Creeping expropriation (a series of acts that are expropriatory taken in sum, e.g. gradual changes in tax regime) Expropriation of funds (e.g., “account freeze”) Expropriation also if the Project Enterprise is deprived of a substantial benefit constituting a fundamental right (e.g., under a Project Agreement) essential to its overall financial viability (normally this implies insolvency or impending insolvency of the Project Enterprise) Non-discriminatory regulatory measures not covered, unless such measures have a confiscatory effect
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Political Risks Covered by MIGA (III) War and Civil Disturbance
Three forms of coverage Loss of Assets Temporary Loss of Income (for equity) Permanent Loss of Use Loss has to be a direct and immediate result of acts of war, revolution, rebellion, insurrection, coup d’état, civil war, civil commotion, riots Act of sabotage or terrorism can also be covered Acts must pursue a broad political or ideological objective Breach of contract : Applied to breach of supply/offtake contracts, PPA , a license agreement, sovereign guarantees etc., typically relating, but not limited to, to infrastructure or natural resource projects.
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War and Civil Disturbance (cont
War and Civil Disturbance (cont.) Temporary Loss of Income (Equity Investments) Short-term business interruption coverage not offered on a stand-alone basis, but added to the WCD coverage upon request Compensation based on lost business income, unavoidable continuing expenses and extraordinary expenses to resume operations
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Political Risks Covered by MIGA (IV) Breach of Contract
Protects against loss arising from breach or repudiation of a project agreement (e.g., in infrastructure and power projects) Project agreement must be entered between the Host Government on the one hand and Guarantee Holder and/or Project Enterprise (for Equity investments only) on the other hand MIGA covers “denial of justice” risks: Failure to pay on a valid arbitral award or judgment by a state court rendered against host government or No recourse to judicial or arbitral forum by the investor or Project Enterprise May cover obligations of sub-sovereigns and SOEs, subject to certain restrictions Breach of contract : Applied to breach of supply/offtake contracts, PPA , a license agreement, sovereign guarantees etc., typically relating, but not limited to, to infrastructure or natural resource projects.
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Breach of Contract (cont.) Coverage of SOEs
New guidelines permit coverage of contracts with an SOE where: It is controlled by the Host Government or its political subdivision It performs a public service or fulfills a governmental function (like a utility) and Either: The Host Government, as a matter of law, is responsible for its financial liabilities or It is creditworthy on a stand-alone basis In some cases where the contract is with an SOE that does not meet these criteria (e.g. Dakar Ports), MIGA has the option of covering a Host Government guarantee in BoC Breach of contract : Applied to breach of supply/offtake contracts, PPA , a license agreement, sovereign guarantees etc., typically relating, but not limited to, to infrastructure or natural resource projects.
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Political Risks Covered by MIGA (V) Non-Honoring of Sovereign Financial Obligations
For unconditional financial payment obligations or guarantees of the Host Government Examples: Host Government unconditionally guarantees repayment of loan by Project Enterprise Host Government assumes unconditional obligation to inject equity or other funding on demand or at date certain Not Eligible: Host Government issues performance guarantee relating to power purchase agreement (guarantee not unconditional) No arbitral award is required Breach of contract : Applied to breach of supply/offtake contracts, PPA , a license agreement, sovereign guarantees etc., typically relating, but not limited to, to infrastructure or natural resource projects.
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Non-Honoring of Sovereign Financial Obligations Eligibility Requirements
Sovereign Financial Obligation must be associated with: an eligible investment project with measurable developmental impacts Whose obligations are eligible? Central governments (e.g., guarantee issued by MoF) Sub-sovereign obligations (i.e., provincial or municipal governments) eligible on a case-by-case basis Guarantees issued by an SOE not eligible
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MIGA’s Underwriting Process
Investor Marketing and origination Preliminary Application MIGA (1–3 months) Definitive Application Early Screening Project Review Meeting (“ESM”)-chaired by the Director of Operations Group Underwriting and host country approval Developmental impact Environmental, Social review Pricing and reinsurance Economic financial viability, country risk World Bank Group policy Project Review Committee (“PRC”)-Track “A” projects (complex/high risk) Final Approval Meeting (“FAM”)-Track “B” projects (simpler/low risk) Investor and MIGA Sign contract of guarantee Monitoring, evaluation, contract maintenance 1 Available online Free, confidential 2 pages Determines eligibility More detailed analysis of a project Fees due ($5k up, depending on the type of project) Starts underwriting process 2 MIGA does more than offer political risk insurance for investments in developing countries. We offer additional value to our clients that we believe sets us apart from other insurers. For example: MIGA deters harmful actions. Our relationship with shareholder governments provides additional leverage in protecting investments. We also mediate disputes. As an honest broker, MIGA intervenes at the first sign of trouble to resolve potential investment disputes before they reach claim status, helping to maintain investments and keep revenues flowing. Our guarantees help investors obtain project finance from banks. In addition, loans guaranteed by MIGA may help reduce risk-capital ratings of projects. We also provide insurance coverage for up to 15 years (in some cases 20), thereby increasing the tenor of loans available to investors. To each transaction, we apply decades of experience, global reach, and knowledge of developing countries. Last, we help investors and lenders ensure that projects comply with what are considered to be the world’s best social and environmental safeguards. 3
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MIGA’s Claims Track Record
Over 600 projects with MIGA support, more than 90 cases treated as possible claims, but in which no claim has been paid. MIGA has successfully facilitated the settlement of disputes in all currency transfer/inconvertibility issues and since inception has paid claims in 6 cases: Afghanistan ($575 for war and civil disturbance in FY11) – (paid by MIGA Administered Trust Fund) Indonesia ($15 million for expropriation in FY00) Nepal ($144,600 for war and civil disturbance in FY05) Argentina ($558,311 for expropriation in FY05) Kenya ($491,100 for war and civil disturbance in FY09) Madagascar ($12,824 for war and civil disturbance in FY09) All other cases have been resolved (before or after the claim was filed) or the claim was withdrawn Deterrence effect ensures that only a small number of projects that MIGA supports encounter problems
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Why Investors Choose MIGA
Expertise in complex projects and in challenging environments Credit enhancement Longer tenors (up to years) World Bank Group “umbrella” of deterrence Track record in dispute resolutions Mobilization of reinsurance capacity Best practices in environmental and social management Prompt claims payment Access to World Bank Group expertise and resources
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ANNEX: Key Statistics about MIGA
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MIGA’s 2011 Highlights Gross exposure 1990 -2011 ($ billion)
9.1 Key Figures Issued 1,030 guarantees for 651 projects for a total of $24.5 billion during Gross exposure: $9.1 billion in FY11 Issued $2.1 billion in FY11 in support of 38 projects $415.3 million for investments in IDA-eligible countries (of which $228 million was in sub-Saharan Africa) Four new host countries: Iraq, Kosovo, Liberia, Republic of Congo 7.7 7.3 6.5 5.3 5.3 5.4 5.2 5.2 5.1 5.1 02 03 04 05 06 07 08 09 10 11
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Gross Exposure in 2011 Guarantees Issued in FY11, by Region
(by number of projects) Guarantees Issued in FY11, by Sector (by $ volume)
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Contact Information Washington, D.C.: Izumi Kobayashi Ana-Mita Betancourt Ravi Vish Executive Vice President Director and General Counsel, Legal Affairs and Claims Director and Chief Economist, Economics and Policy Michel Wormser Vice President and Chief Operating Officer Lakshmi Shyam-Sunder Marcus S.D. Williams Director and Chief Financial Officer, Finance and Risk Management Adviser, Strategy and Operations Edith P. Quintrell Director, Operations Singapore: Paris: Kevin W. Lu Olivier Lambert Regional Director, Asia-Pacific Manager, Europe
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www.miga.org For more information, visit www.miga.org
Or for business inquiries, write to or call
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