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Issues
|
Clarification
- Part 6
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Trade
guarantees
|
Definition
- Trade
guarantees are facilities to guarantee the payment for the purchase
of goods and services
Trade guarantees
obtained by residents from domestic banks in ringgit or foreign currency
after 1300 hours on 1 September 1998
- All residents
are freely allowed to obtain trade guarantees in foreign currency from
domestic banks where the tenure of the guarantee does not exceed 12
months
- In addition,
non-resident controlled companies (NRCCs) operating in Malaysia, which
obtain such trade guarantees (in ringgit or foreign currency) are required
to comply with the 60:40 requirement.
Trade guarantees
obtained by residents from offshore sources after 1300 hours on 1 September
1998
-
The
trade guarantees obtained from offshore sources would be included
in the computation of the resident's total foreign currency borrowing.
-
These
trade guarantees obtained from offshore sources, including Labuan
Offshore Financial Centre, must be denominated in foreign currency
-
Prior
approval from the Controller would be required if the resident's total
foreign currency borrowing exceed the aggregate of RM5 million equivalent.
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Non-financial
guarantees |
Definition
- Performance
bonds, tender bonds, guarantee for the supply of goods / services, shipping
guarantees, etc.
Non-financial
guarantees obtained by residents from offshore sources after 1300 hours
on 1 September 1998
-
Residents
are freely allowed to issue non-financial guarantees in favour of
non-residents or on behalf of nonresidents
-
Residents
are also freely allowed to obtain non-financial guarantees from offshore
sources.
-
These
non-financial guarantees must be denominated in foreign currency.
-
All
payments between the resident and the nonresident must be made in
foreign currency
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Financial
guarantees (domestic) |
Definition
- Financial
guarantees are guarantees to secure the repayment of an advance, a loan
or similar credit facility
Guarantees
issued/renewed by residents (i.e. banks, corporates or individuals) in
favour of nonresidents (ECM 4) after 1300 hours on 1 September 1998
-
All
financial guarantees above the equivalent of RM5.0 million issued
by residents (whether banks, corporates or individuals) in
favour of nonresidents, are required to be registered with Bank
Negara Malaysia (BNM) upon issuance
-
Guarantors
should submit the following information on the guarantee to BNM:
- Name
of issuer
- Name
of party on whose behalf the guarantee is issued
- Amount
guaranteed
- >Beneficiary
(name and address)
- Purpose
of guarantee
-
The
guarantees must be denominated in foreign currency
- Payment
under the guarantee can be freely made upon:-
- acknowledgment
of receipt of the above information by BNM
-
informing
BNM when the guarantee is called upon
-
All
payments under the guarantee between the resident and nonresident
party must be made in foreign currency
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Financial
guarantees (domestic) |
Guarantees
issued/renewed by residents (i.e. banks, corporates or individuals) on behalf
of nonresidents (ECM 6) after 1300 hours on 1 September 1998
-
All
financial guarantees issued by residents above the equivalent of
RM5.0 million (whether banks, corporates or individuals) on
behalf of nonresidents, are required to be registered with
Bank Negara Malaysia (BNM) upon issuance
- Guarantors
should submit the following information on the guarantee to BNM:
- Name
of issuer
- Name
of party (name and address) on whose behalf the guarantee is issued
- Amount
guaranteed
- Beneficiary
(name and address)
- Purpose
of guarantee
-
The
guarantees must be denominated in foreign currency
- Payment
under the guarantee can be freely made upon:-
- acknowledgment
of the receipt of the above information by BNM, and
- informing
BNM when the guarantee is called upon
-
All
payments under the guarantee between the resident and nonresident
party must be made in foreign currency
- Consequential
receivable from the guarantees being called upon would have to be reported
to BNM.
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Financial
guarantees from Licensed Offshore Banks in Labuan or nonresident individuals,
nonresident shareholders, associate or related companies and which are not
financial institutions |
Obtained
by residents from Licensed Offshore Banks or nonresident individuals, nonresident
shareholder which are subsidiaries, associate or related companies and which
are not financial institutions, after 1300 hours on 1 September 1998
-
Residents
are allowed to obtain financial guarantees from Licensed Offshore
Banks or nonresident individuals, nonresident shareholders, associate
or related companies and which are not financial institutions.
- The following
information should be submitted to BNM:
- Name
of issuer
- Name
of party on whose behalf the guarantee is issued
- Amount
guaranteed
- Beneficiary
(name and address)
- Purpose
of guarantee
-
The
financial guarantees obtained from all the parties stated above must
be denominated in foreign currency;
- Payment
under the guarantee can be freely made upon:-
- acknowledgment
of the receipt of the above information by BNM, and
- informing
BNM when the guarantee is called upon
- All payments
when the guarantee is called upon must be in foreign currency
- Consequential
debts arising from the payment under the guarantee being called upon
would have to be reported to BNM and would be included in the computation
of the resident's total foreign currency borrowing.
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Financial
guarantees from nonresident financial institutions |
Obtained
by residents from nonresident financial institutions, after 1300 hours on
1 September 1998
-
Residents
are allowed to obtain financial guarantees in aggregate up to the
equivalent of RM5 million from nonresident financial institutions
- The following
information on the guarantee should be submitted to BNM:
- Name
of issuer
- Name
of party on whose behalf the guarantee is issued
- Amount
guaranteed
- Beneficiary
(name and address)
- Purpose
of the guarantee
- The guarantees
must be denominated in foreign currency
- Payment
under the guarantee can be freely made upon:-
- acknowledgment
of receipt of the above information by BNM; and
- informing
BNM when the guarantee is called upon.
- Prior
approval from the Controller would be required if the resident's total
foreign currency borrowing, including financial guarantees obtained
from nonresident financial institutions, exceed the aggregate of RM5
million equivalent.
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| 35 |
Invoicing
for imports and exports |
All
residents should ensure that the currency of invoicing the import and export
of goods and services should be in foreign currency and not in ringgit. |