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Duty Drawback
The Export-Import Bank (Ex-Im Bank)
Working Capital Guarantees
Export Credit Insurance
Guarantees
Direct Loans
Where to Apply for Ex-Im Bank
Programs
Market Access Program (MAP)
Small Business Administration (SBA)
Export Working Capital Program
(EWCP)
International Trade Loan Program
7(a) Loan Guaranty
Small Business Investment Companies
FAS Sugar Programs
FAS Facility Guarantee Program
FAS Export Credit Guarantee Program (GSM-102)
Duty Drawback
Drawback occurs when a duty or tax that had been lawfully collected is refunded or remitted, wholly or partially,
because of a particular use made of the commodity on which the duty or tax was collected. Duty drawback is a means
by which companies can recover import duties on products they later export. Companies can recover up to 99 percent
of the duties paid on the imported materials. In this manner, the government encourages commerce and manufacturing.
Duty drawbacks permit the American manufacturer to compete in foreign markets without the handicap of including in
his costs, and consequently in his sales price, the duty paid on imported merchandise.
- Manufacturing Drawback – In this type of drawback, the product is made in the U.S. of either wholly or partially
imported material. If the product is later exported, the company can recover 99 percent of the duties paid
on these imported materials (U.S. Customs retains at least 1 percent to defray costs). A company can recover
duties even though they never directly imported a product. Companies can persuade their suppliers to assign
their drawbacks to the company when the duties are paid to Customs. In order to recover this drawback, claims
must be made within three years of the export transaction.
- Same Condition Drawback – In this type of drawback, the items are exported in the same condition as when
they were imported. This type of refund occurs when the goods do not meet the company's quality specifications,
or when the goods are sold to someone outside the U.S. For a same condition drawback, claims must be
made within three years.
Most importers utilize a freight forwarder to process both the import transaction and later the duty drawback paperwork.
In this way, your company does not need to provide much additional paperwork for the drawback. For more
complicated situations, a company that specializes in drawback requests can handle the refund process. These companies
often handle the entire procedure on a contingency basis. In such cases, the consulting company is paid a percentage of
the amount successfully refunded from Customs.
If your company has unrealized opportunities to recover duties from Customs, speak with your freight forwarder about
duty drawback or contact U.S. Customs and Border Protection.
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The Export-Import Bank
(Ex-Im Bank)
The Export-Import Bank (Ex-Im) is an independent U.S. Government agency that helps exporters obtain financing
for foreign sales of U.S. goods and services. Ex-Im Bank guarantees to a lending bank that it will be repaid. This risk
minimization enables banks to provide loans and payment guarantees that they might otherwise avoid. Ex-Im Bank
provides guarantees of working capital loans for U.S. exporters, guarantees loan repayment and extends loans to foreign
purchasers of U.S. goods and services. Ex-Im Bank also provides credit insurance to protect exporters against the risks
of non-payment by foreign buyers for political or commercial reasons. In this respect, the Ex-Im Bank does not compete
with commercial lenders, but assumes the risks these lenders cannot accept. In the context of these insurance programs,
"commercial risks" are defined as insolvency and protracted default. Meanwhile, "political risks" are those of currency
inconvertibility, license cancellation, expropriation, loss due to war, revolution, etc.
Today many countries provide export guarantees and credit insurance to their exporters, thus providing tough
competition for U.S. companies with regard to extended terms of sale to their foreign customers. Companies in the
U.S. should know that through the Ex-Im Bank they can acquire credit insurance almost as inexpensively as their
competitors abroad. As an exporter, you should learn all the details and advantages of Ex-Im's programs and how they
can help you expand your overseas sales. More information is available at www.exim.gov, but a brief overview of key
programs follows.
Programs offered by Ex-Im Bank include:
Working Capital Guarantees cover 90 percent of the principal and interest on commercial loans to creditworthy
small and medium-sized companies that need funds to buy or produce U.S. goods or services for export.
Exporters may apply for a Preliminary Commitment, which is a letter from Ex-Im Bank outlining the terms
and conditions under which it will provide a guarantee, and then use this letter to obtain the best financing
terms from a private lender. The lender may also apply directly for a final authorization. Guarantees may be
for a single transaction or a revolving line of credit. Generally, guaranteed loans have maturities of 12 months
and are renewable.
Export Credit Insurance
Policies protect against both political and commercial risks of a foreign buyer defaulting
on payment. Policies may be obtained for single or repetitive export sales as well as for leases. Short-term
policies generally cover 95 to 100 percent of the principal for political risks and 90-95 percent for commercial
risks, as well as a specified amount of interest. These policies support the sale of consumer goods, raw materials
and spare parts on terms of up to 180 days, and bulk agricultural commodities, consumer durable and capital
goods on terms of up to 360 days. Capital goods may be insured for up to five years, depending upon the contract
value, under medium-term policies.
Guarantees
of commercial loans to foreign buyers of U.S. goods and services cover 100 percent of principal
and interest against both political and commercial risks of nonpayment. The sale of capital items such as trucks,
construction equipment, scientific apparatus, food processing machinery, medical equipment or project-related
services, including architectural, industrial design and engineering services, are covered by medium-term
guarantees. Long-term guarantees are available for major products, large capital goods and/or project-related
services. The Bank's Credit Guarantee Facility Program can also be used to extend medium-term credit to
buyers of U.S. capital goods and services through banks in certain foreign markets.
Direct Loans provide foreign buyers with competitive, fixed-rate financing for their purchases of U.S. goods.
Ex-Im Bank's loans, guarantees and medium-term insurance cover 85 percent of the contract price (100 percent of the
financed portion). A 15 percent cash payment is required from the foreign buyer. Fees charged by the Ex-Im Bank are
based upon risk assessment of the foreign buyer or guarantor, the buyer's country, and term of the credit. Compared to
export credit agencies of different exporting countries, Ex-Im Bank's rates are highly competitive.
Where to Apply for Ex-Im
Bank Programs
Ex-Im Bank's programs are easily accessible. Any responsible party - the foreign buyer, the U.S. exporter, a lending
institution, or a firm representing either the buyer or the exporter - can apply directly to the Ex-Im Bank for a Letter
of Interest (LI). Potential borrowers may also obtain assistance in the application process from any Ex-Im Bank office
or call (800) 565-3946 (EXIM).
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Market Access Program
(MAP)
SUSTA administers the Market Access Program (MAP) Branded on behalf of the Foreign Agricultural Service to the
fifteen southern states and Puerto Rico. The MAP Branded reimburses exporters 50 percent of qualified international
marketing expenses for promoting U.S. agricultural products to other countries. To qualify, firms must be small according
to the Small Business Administration (SBA) guidelines, promote products under a brand name, and products must
be at least 50 percent U.S. agricultural origin by weight, excluding added water and packaging. Products and promotional
materials must indicate that the product is a "Product of the USA." Eligible activities under this program include
trade shows, advertising, in-store demonstrations, product brochures and point of sale materials. Visit www.susta.org/services/map.html for more information about MAP Branded.
How MAP Branded Works
Companies apply for funding by outlining where money will be spent and how it will be used. (e.g., brochures, translation
of brochure text, trade show expenses, shipment of samples, etc.). SUSTA reviews the application and prepares a
contract which must be signed prior to conducting promotional activities. Then, participating companies or their importers
expend their own funds to promote the U.S. products. The company collects invoices, proof of payment and proof of
performance for the eligible activities and sends them to SUSTA. SUSTA then reimburses the company for half of the
cost of the eligible expenses submitted. For more information or to receive an application, contact SUSTA or visit www.susta.org.
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Small Business Administration
The Small Business Administration also provides financial assistance programs for U.S. exporters. The SBA assists businesses
in obtaining the needed capital to explore, establish or expand into international markets. To participate, a business
must qualify as a small business under the SBA's size standards as well as meet other eligibility requirements.
The Office of International Trade of the SBA administers three programs to assist small exporters: the Export Working
Capital Program (EWCP), the International Trade Loan Program (ITL), and Export Express. All three programs guarantee
loans and therefore require the participation of an eligible commercial bank. Most commercial banks are familiar
with SBA programs, and can provide more information or assist in the application process.
The Export Working Capital
Program (EWCP) provides short-term, transaction-specific financing. The SBA guarantees
up to 90 percent of the loan amount, up to $1.66 million. There is a $2 million maximum loan amount when used in
conjunction with an Ex-Im co-guaranty. Exporters may use this money:
- to buy goods or services for export
- for pre-export financing of the manufacturing costs of goods for export
- for international receivables generated from these sales
- for standby letters of credit used as bid or performance bonds
Companies should contact a local U.S. Export Assistance Center to determine whether they are eligible for this type of
financial assistance. A company may receive these funds for a period of up to one year.
Under the International Trade Loan Program, loans are made by lending institutions with an SBA guarantee for a certain
portion of the loan. The SBA can guarantee a loan amount up to $1.75 million combined for borrowers with both
an International Trade Loan and a separate working capital loan, as long as the SBA guaranty does not exceed $1.25 million on the working capital portion of the loan. Loan maturities are typically 10 to 15 years for machinery and equipment
and up to 25 years for real estate. To receive this money, companies must:
- Use the loans to expand existing export markets
or develop new ones
OR
- Have been adversely affected by import competition
The Export Express program was designed by the SBA to facilitate loans that would enable a small firm to expand
an existing market or develop a new one. The maximum loan amount is $250,000, and lenders use their own analyses,
procedures, and documentation. Export Express monies can be used to finance export development activities like trade
shows and translation of marketing materials, for revolving lines of credit, or to finance standby letters of credit when
required as bid or performance bonds on foreign contracts.
Another assistance program of the SBA is the 7(a) Loan Guaranty, one of SBA's primary lending programs. This
program provides loans to small businesses unable to secure financing on reasonable terms through normal lending
channels. It is operated through private-sector lenders who provide loans, which are then guaranteed by the SBA, which
has no funds for direct lending or grants. For most loans, there is no legislated limit for the total amount requested from
the lender. The loans can be used for most business purposes, such as the purchase of real estate to house the business
operations; construction, renovation or leasehold improvements; acquisition of furniture, fixtures, machinery and equipment;
purchase of inventory; and working capital. Generally, these loans all have a maximum maturity of 25 years for
real estate and equipment and a period of 7 years for working capital. To learn more about the terms and amounts of
the 7(a) loans, visit www.sba.gov.
Small Business Investment
Companies are privately owned and managed companies which are licensed and regulated
by the SBA. They use their own funds, plus additional funds obtained from borrowing at favorable rates with an SBA
guaranty and/or selling their preferred stock to the SBA, to make venture-capital investments in small businesses.
For more information about SBA's financial assistance programs, policies and requirements, call the SBA Answer Desk
or the nearest SBA district office. Contact information for your local SBA office can be found at www.sba.gov.
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FAS Sugar Programs
The Sugar-Containing Products Re-Export Program is designed to put U.S. manufacturers of sugar-containing products
on a level playing field. A participant in this program may buy world priced sugar from any of the refiner participants or
their agents for use in products that will be exported on the world market.
The Refined Sugar Re-Export Program facilitates the use of domestic refining capacity to export refined sugar into the
world market. This program allows one of three options for refiners. First, it allows refiners to export domestically produced
refined sugar and later import world raw sugar. Second, it allows refiners to import world raw sugar for refining
and distribution into the domestic market and later export refined sugar. Third, it allows refiners to import raw sugar,
refine it, and export it into the world market.
The Sugar for the Production of Polyhydric Alcohol Program is established to provide world priced sugar to U.S. manufacturers
of polyhydric alcohols. Participating U.S. manufacturers purchase world priced sugar from licensed refiners or
their agents for use in the production of polyhydric alcohols, except polyhydric alcohols that are used as a substitute for
sugar in human food consumption.
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FAS Facility Guarantee Program
The Facility Guarantee Program provides payment guarantees to facilitate the financing of manufactured goods and
services exported from the U.S. to improve or establish agriculture-related facilities in emerging markets. By investing in
these facilities, it is hoped that the demand for U.S. agricultural commodities and products will increase to these markets,
where such demand may have previously been restricted due to inadequate storage, processing, or handling capabilities
for these products.
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FAS Export Credit Guarantee Program (GSM-102)
The GSM-102 underwrites credit extended by private banks to approved foreign banks using dollar-denominated, irrevocable
letters of credit for purchases of U.S. food and agricultural products by foreign buyers. FAS administers the
program on behalf of the Commodity Credit Corporation (CCC), which issues the credit guarantees. GSM-102 covers
credit terms of up to three years.
The CCC guarantees payments due from approved foreign banks to exporters or financial institutions in the United
States. Typically, 98 percent of principal and a portion of interest are covered by a guarantee. Because payment is guaranteed,
financial institutions in the United States can offer competitive credit terms to the foreign banks, usually with
interest rates based on the London Inter Bank Offered Rate, or LIBOR. Any follow-on credit arrangements between
the foreign bank and the importer are negotiated separately and are not covered by the CCC guarantee. Program
announcements issued by FAS provide information on specific country and commodity allocations, length of credit
periods, and other program information and requirements.
The CCC must qualify exporters for participation before accepting guarantee applications. An exporter must have
a business office in the United States and must not be debarred or suspended from any U.S. government program.
Financial institutions must meet established criteria and be approved by the CCC. The CCC sets limits and advises
each approved foreign bank on the maximum amount the CCC can guarantee for that bank. Fee rates are based on the
country risk that the CCC is undertaking, as well as the repayment term (tenor) and repayment frequency (annual or
semi-annual) under the guarantee.
Information on the Sugar Re-Export, Facility Guarantee Program, GSM-102 and other FAS programs can be found on
their website, at www.fas.usda.gov.
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