Contingent Liabilities: Issues and Practice; Aliona Cebotari; imf working Paper 08/245; October 1, 2008
Contingent liabilities can be explicit or implicit
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Contingent Liabilities Issues and Practice
Contingent liabilities can be explicit or implicit. Explicit contingent liabilities are
obligations based on contracts, laws, or clear policy commitments. These are, with few exceptions, liabilities that the government deliberately chooses to take on. They include: • Loan guarantees: state guarantees to repay a third party borrowing in case it defaults; • Export guarantees: guarantee against the importer reneging on the contract, the government taking actions that preclude fulfillment of the contract, or sovereign default; • Other financial guarantees: exchange rate guarantees; minimum pension guarantees under private pension schemes; income, profit, and rate of return guarantees, such as under PPP arrangements; deposit guarantees; guarantees of pension savings; • Government insurance programs: 8 crop or flood insurance, war-risk insurance; • Natural disaster spending, in the case of infrastructure directly under government responsibility, such as buildings, roads, ports, hospitals, and universities; • Legal claims against the government related, for example, to privatization, liquidation of agencies, and personnel management; • Indemnities: commitments to accept the risk of loss or damage another party might suffer; • Uncalled capital: obligation to provide additional capital on demand to an entity of which it is a shareholder, e.g. official international financial institutions; Implicit contingent liabilities, on the other hand, are political or moral obligations and sometime arise from expectations that government would intervene in the event of a crisis or a disaster, or when the opportunity cost of not intervening is considered to be unacceptable. Implicit contingent liabilities include: • Bailouts of public enterprises, financial institutions, subnational governments, and private firms that are either strategically important or “too big to fail”; • Natural disaster relief, in the case of uninsured damage from natural disasters; • Environmental cleanup spending. 8 The main difference between an insurance program and a guarantee is that with the latter there is no onus on the insured to prove the cause of the loss (NERA, 2000). |
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