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Non-Marketable Risk

The following events are qualified as non-marketable risk:

1. legally ascertained insolvency or actual insolvency of the debtor and its guarantor, if the latter exists;
2. delay in meeting payment commitments by the debtor and its guarantor, if the latter exists;
3. unilateral breach of contract by the debtor understood as non-fulfillment, or inadequate fulfillment of the contract, particularly a refusal by the debtor to accept goods or services with no title to do so;
4. actions or decisions of the third country - other than the Republic of Poland or the country of the insured – undertaken by the government or other state body of the third country, regarded as government intervention, which make it impossible to perform the export contract;
5. announcement of a general payment moratorium by the government of the debtor’s country or a country which participates in fulfilling payments concerning the export contract;
6. inability or delay in making transfer of payments concerning the export contract by the debtor as a result of political events, economic difficulties, legal regulations or administrative decisions which happened or were undertaken beyond borders of the Republic of Poland;
7. legal regulations in the debtor’s country regarding the payments made by the debtor in local currency as sufficient for the fulfillment of liabilities resulting from the contract covered by insurance, regardless of the fact that as a result of the change of currency rates such payments after calculation to the currency of the contract covered by insurance do not balance the value of liability of the contract covered by insurance on the day of payment made by the debtor;
8. actions or decisions undertaken by the government of the Republic of Poland or the government of the insured’s country, including actions and decisions undertaken by the European Union concerning trade between Member States and third countries, such as ban on transports, given that consequences of such actions and decisions were not compensated in any other form by the government;
9. force majeure taking place beyond borders of the Republic of Poland, particularly events such as: war, civil war, uprising, revolution, riot, protracted mass strikes, earthquake, volcano eruption, cyclone, typhoon, flood, sudden tidal wave, fires of catastrophic dimensions, nuclear breakdown, naval piracy.

The following countries are covered within the framework of short-term export credit insurance against non-marketable risk:

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