ARTICLE
12 November 2013

Managing Uncertainty: Political Risk Insurance

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Norton Rose Fulbright Canada LLP

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Norton Rose Fulbright is a global law firm providing the world’s preeminent corporations and financial institutions with a full business law service. The firm has more than 4,000 lawyers and other legal staff based in Europe, the United States, Canada, Latin America, Asia, Australia, Africa and the Middle East.
One of the fundamental principles of finance is that with greater risk comes the possibility of greater returns.
Canada Insurance

One of the fundamental principles of finance is that with greater risk comes the possibility of greater returns. This can certainly be true for companies looking to invest outside of the markets that they are familiar with, such as in the fast-growing economies of certain developing regions. Unfortunately, the downside to this strategy is the need to manage the uncertainty and potentially disastrous consequences of political risk.

The Multilateral Investment Guarantee Agency, a member of the World Bank Group, defines political risk as the negative consequences arising from the adverse actions or inactions of governments. These risks are often unpredictable and hard to quantify.

If a company is looking to invest in an environment where political risk is a concern, political risk insurance (PRI) is a tool that can mitigate some of that risk. In fact, according to Export Development Canada, a major Canadian political risk insurance provider, PRI can insure a company for up to 90 per cent of its losses resulting from:

  • breach of contract by a foreign government;
  • expropriation by a foreign government;
  • political violence in a foreign country;
  • currency conversion or transfer problems;
  • difficulty repossessing or re-exporting physical assets; and
  • a foreign government's default on financial obligations.

For companies considering a foreign investment, qualified legal counsel should always be retained for advice and assistance with the transaction, and thorough due diligence must be performed. Also, Representation and Warranties (R&W) insurance can be used to minimize risks arising from the transaction that may affect the buyer or seller. However, for political risks, which by their nature are out of the parties' control, PRI should be considered as a possible tool to ensure continued success once the transaction has been completed.

(For a more detailed review of R&W insurance, see Laura Johnson's post on this blog.)

Norton Rose Fulbright Canada LLP

Norton Rose Fulbright is a global legal practice. We provide the world's pre-eminent corporations and financial institutions with a full business law service. We have more than 3800 lawyers based in over 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia.

Recognized for our industry focus, we are strong across all the key industry sectors: financial institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare.

Wherever we are, we operate in accordance with our global business principles of quality, unity and integrity. We aim to provide the highest possible standard of legal service in each of our offices and to maintain that level of quality at every point of contact.

Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP, Norton Rose Fulbright South Africa (incorporated as Deneys Reitz Inc) and Fulbright & Jaworski LLP, each of which is a separate legal entity, are members ('the Norton Rose Fulbright members') of Norton Rose Fulbright Verein, a Swiss Verein. Norton Rose Fulbright Verein helps coordinate the activities of the Norton Rose Fulbright members but does not itself provide legal services to clients.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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