14 Ill. Adm. Code 900.10
Definitions
Section 900
Section 900.10 Definitions
As used in this Part, the
following words or terms mean:
a) "Act": The Illinois Export Development Act of 1983,
Ill. Rev. Stat. 1985 ch. 127, pars. 2501 et seq., as now or hereafter amended.
b) "Authority": The Illinois Export Development
Authority.
c) "banking organization": Any organization defined in
Section 2 of the Illinois Banking Act., 1985 Ill. Rev. Stat., ch. 17, par. 302,
any agency or branch of a foreign banking corporation licensed by the Illinois
Commissioner of Banks and Trust Companies, any national bank, federal savings
and loan association, or any federal credit union located within the State.
d) "Board of Directors", or "Board": The
Board of Directors of the Authority.
e) "commitment": A writing issued by the Authority to
a financial intermediary approving an application for a guaranteed
participating loan and committing the Authority to make such guaranteed participating
loan to the financial intermediary.
f) "comprehensive export credit insurance": An
insurance policy obtained by the Authority providing insurance to an eligible
exporter for an eligible export transaction insuring against political and
commercial risks of loss as defined in Section 2.1 of the Act.
g) "contract of sale": A writing or group of writings
setting forth an agreement between an eligible exporter and a buyer regarding
the purchase and sale of one or more eligible exports.
h) "director": A member of the Board of Directors of
the Authority.
i) "eligible export": Goods sold or services rendered
pursuant to a contract of sale for delivery or performance outside the United
States and its possessions or territories, where:
1) the final manufacturing of the goods, or final performance of
the services, occurs in Illinois; and
2) at least twenty-five percent (25%) of the total value of the
goods sold, or services rendered, exclusive of price markup thereof, has been
added by labor or materials exclusively in Illinois; and
3) the making of the guaranteed participating loan in connection
with such contract of sale will create or maintain employment within the State
of Illinois. Such eligible exports may include, without limitation,
semi-finished materials, components, spare parts, and other goods which will be
subject to further manufacturing or incorporation into a finished product
outside of the United States, its possessions and territories.
j) "eligible exporter": A manufacturer, trader,
export management company, export trading company, or other organization,
incorporated, or having offices and being authorized to transact business, in
the State of Illinois, which sells Illinois goods or services for delivery to
locations outside the United States and its possessions or territories, and
meets the requirement of this Part.
k) "executive director": The individual appointed to
the position of executive director by the Board.
l) "financial intermediary": A participating bank
which applies for, and upon approval of its application, obtains a guaranteed
participating loan from the Authority.
m) "gross invoice amount": The invoice amount in United
States dollars of the eligible export, plus any insurance, freight, or other
charges paid or to be paid in the United States in United States dollars by the
eligible exporter on behalf of the buyer of the eligible export.
n) "guaranteed participating loan": A loan from the
Authority to a financial intermediary the proceeds of which are used
exclusively to support an on-loan, which on-loan is secured under a policy or
policies of comprehensive export credit insurance.
o) "insurer": The entity providing the comprehensive
export credit insurance.
p) "net borrowing rate": The cost of funds to the
Authority at any given time, including, without limitation, the costs of
issuance, credit enhancements (e.g., letter of credit), fees of any nature
(including legal fees), premiums, discounts, and any other costs to the
Authority associated with obtaining funds used to make a guaranteed
participating loan.
q) "on-loan": Any pre-shipment on-loan or
post-shipment on-loan from a financial intermediary to an eligible exporter
which is, or will be, supported by, or funded in whole or in part with, the
proceeds of a guaranteed participating loan.
r) "outstanding on-loan": Any on-loan which has not
been repaid in full by the eligible exporter.
s) "participating bank": Any banking organization
which is approved pursuant to Section 900.20 of this Part.
t) "post-shipment on-loan": A loan from a financial
intermediary to an eligible exporter secured by the eligible exporter's right
to payment pursuant to a contract of sale and by an assignment of the proceeds
of a comprehensive export credit insurance policy where:
1) the goods or services are to be delivered to a place outside
of the United States of America or its possessions or territories;
2) the eligible exporter has sold the goods or services pursuant
to a contract of sale;
3) the proceeds of the loan are used exclusively to finance an
eligible export; and
4) the loan is supported by a guaranteed participating loan.
u) "pre-export": The act, or acts, of creating,
developing, or producing goods or services pursuant to a contract of sale
which, when completed, will be:
1) an eligible export; and
2) exported from Illinois by the person or entity creating,
developing, or producing the goods or services.
v) "pre-shipment on-loan": A loan from a financial
intermediary to an eligible exporter the proceeds of which are used by the
eligible exporter exclusively to finance a pre-export, and which:
1) is supported by a guaranteed participating loan; and
2) is secured by an assignment of the proceeds of the
comprehensive export credit insurance policy.
w) "Staff": The employees of the Authority.
x) "total value":
1) When used with reference to the monetary worth of an eligible
export, the unit price of each item of eligible export as stated in the
contract of sale times the number of units sold.
2) When used in reference to the monetary worth of a pre-export,
the sales price as set forth in the contract of sale (in United States dollars)
at the time and place intended for delivery, exclusive of all shipping and
insurance costs.
3) When used with reference to the Illinois value added component
of the definition of "eligible export," the unit price as stated in
the contract of sale exclusive of all shipping and insurance costs times the
number of units sold.