We understand and accept that processing of the application will begin after GIEK has received all necessary information from the applicant. The information GIEK requires is made clear in the application form. If the customer chooses to send follow-up information, processing will begin only after this is received.
In the application process GIEK requires a declaration that the exporter is aware that it must submit an exporter declaration before the guarantee is issued.
A condition for coverage under GIEK’s guarantee is that the exporter, pursuant to OECD guidelines, and before guarantee issuance, provide a written declaration stating that neither the exporter nor anyone acting on the exporter’s behalf has acted or will act in violation of the prohibition contained in sections 387–389 of the Penal Code (see also section 15). The provisions pertain to corruption in relation to actors in the public and private sectors, and to trading in influence in the public and private sectors as well as complicity in such activity.
If the declaration referred to above cannot be made, an explanation shall be provided in writing in the application. If the exporter has been involved in corruption, documentation must be submitted on corruption-prevention measures that have been put into effect.
The information above will be used by GIEK in processing applications, and for a policy to be issued the exporter is required to certify, before policy issuance, that the information is complete and correct.
If persons affiliated with the exporter’s enterprise, or the enterprise, accepts a penalty for breach of the aforementioned provisions, or liability is determined in a legally enforceable judgment, GIEK will be able to hold the exporter liable for compensation if the conditions for such liability are met.
The same applies if the exporter’s associates in the transaction behave in contravention of the said Penal Code provisions and the exporter knew or must have have known this.
If there are financial ties between companies/individuals on the exporter’s side of the transaction and companies/persons on the buyer’s side, GIEK shall be informed of these.
It is a condition for coverage under GIEK’s guarantee that the exporter understands and accepts the importance of developing, implementing and being able to document satisfactory control systems for combatting corruption.
It is a condition for coverage under GIEK’s guarantee that neither the exporter, nor anyone acting on behalf of the exporter (for example, agents), nor others the exporter is aware of that receive payment or other benefit for performing work or services or that take part in the transaction in other ways:
are under indictment for (or charged with) corruption, or
have been convicted of corruption in Norway or abroad in the five years prior to the date of this application
have been the subject of administrative measures due to corruption in Norway or abroad in the five years prior to the date of this application
World Bank/regional development bank listings
It is a condition for coverage under GIEK’s guarantee that neither the exporter, nor anyone acting on behalf of the exporter (for example, agents), nor others the exporter is aware of that receive payment or other benefit for performing work or services or for some other involvement in the transaction are on the World Bank’s or the regional development banks’ listings of companies that are debarred due to corruption.
If agents or other persons/firms are used/will be used to act on the exporter’s behalf, or if the exporter knows of others that receive payment or other benefit for performing work or services or for some other involvement in the transaction, the following information shall be reported on the application form:
Person/firm (name, business registration number and address)
Nature of the assignment/service
Settlement location/place of payment
It is a condition for coverage under GIEK’s guarantee that all payments, commissions or other benefits in the transaction that do not pass directly between buyer and seller relate to the coverage of relevant actions and services and that the size of the payments is proportionate to the value of the action or service provided.
GIEK has an obligation, under Norwegian law, to inform the competent authorities if there is well-grounded suspicion of a violation of sections 387–389 of the Penal Code (see also section 15).