DE Domestic/Foreign Bulletin No. 27
Letters of Credit Issued
Matthew
Denn
Insurance
Commissioner
Department
of Insurance
841 Silver Lake Blvd.
Dover, DE 19904-2465
(302) 674-7300
(302) 739-5280 fax
TO:
RE:
DATED:
DOMESTIC/FOREIGN
INSURERS BULLETIN NO. 27
ALL INSURERS
LETTERS OF CREDIT ISSUED PURSUANT TO INTERNATIONAL
CHAMBER OF COMMERCE UNIFORM CUSTOMS AND PRACTICE
FOR DOCUMENTARY
CREDITS (UCP 600)
January 8, 2008
Delaware Insurance Regulation
1003: establishes requirements
for letters of credit that
may be used to fund collateral
required
for ceded reinsurance
recoverable
balances
fTom
unauthorized reinsurers.
Regulation 1003 makes several references to letters of credit governed
by the Uniform
Customs and Practice for Documentary
Credits revised by the International
Chamber
of Commerce
(the "ICC")
in 1993 and implemented
as ICC Publication
No. 500
("UCP 500").
The Department has been advised that on July 1,2007, the ICC implemented the
Unifornl Customs and Practice for Documentary Credits (2007 Revision), ICC Publication No.
600LF ("UCP 600"), which replaces UCP 500.
From
the DepaJiment's
perspective,
a letter of credit under UCP
600 is materially
equivalent
for Department
purposes
to a letter of credit under UCP 500.
Accordingly,
the
Department
has promulgated an amendment to Regulation
1003 that recognizes the validity of
letters of credit under UCP 600.
The process to amend Regulation
1003 will extend
into the first quarter of 2008.
Nevertheless,
the Department has been advised that some letters of credit under UCP 600 may
have been issued during 2007 and must be reported as of December 31, 2007.
Accordingly, the
Department will allow credit under Regulation
1003 if a letter of credit issued under UCP 600
meets all of the other requirements of the Regulation.
Matthew Denn
Insurance Commissioner