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1. Parties: Identification of the Government (Guarantor), the Financial Institution (Beneficiary), and the Principal Debtor
2. Background: Context of the guarantee, including the relationship between parties and purpose of the guarantee
3. Definitions and Interpretation: Comprehensive definitions of terms used in the guarantee and rules of interpretation
4. Guarantee: Core terms of the guarantee, including the guaranteed amount and scope of coverage
5. Conditions Precedent: Conditions that must be satisfied before the guarantee becomes effective
6. Duration and Validity: Term of the guarantee and conditions for its continuation or termination
7. Payment Obligations: Terms and procedures for making claims under the guarantee
8. Representations and Warranties: Statements of fact and assurances by all parties
9. Compliance Requirements: Ongoing obligations for regulatory compliance and reporting
10. Events of Default: Circumstances that constitute default and their consequences
11. Remedy and Enforcement: Rights and procedures for enforcing the guarantee
12. Notices: Communication procedures between parties
13. General Provisions: Standard legal provisions including governing law, jurisdiction, and amendments
1. Counter-Indemnity: Terms of indemnification by the Principal Debtor to the Government, used when additional security is required
2. Security Arrangements: Details of any additional security or collateral, included when specific assets are pledged
3. Step-In Rights: Government's rights to intervene in certain circumstances, used in complex institutional arrangements
4. Foreign Currency Provisions: Special provisions for foreign currency exposures, included when guarantee involves foreign currency
5. Ministerial Approval: Specific ministerial authorizations, required for certain high-value or strategic guarantees
6. Parliamentary Reporting: Special reporting requirements, included for guarantees requiring parliamentary oversight
1. Schedule 1: Guarantee Amount and Coverage: Detailed specification of the guaranteed amount, coverage, and any limitations
2. Schedule 2: Claim Procedures: Step-by-step procedures for making and processing claims
3. Schedule 3: Reporting Requirements: Templates and timeframes for required reports
4. Schedule 4: Compliance Certificates: Forms for periodic compliance certification
5. Appendix A: Treasury Approval: Copy of National Treasury approval for the guarantee
6. Appendix B: Supporting Documents: List and copies of relevant supporting documentation
7. Appendix C: Authorization Documents: Government authorizations and delegations of authority
Applicable Laws
Banking Day
Beneficiary
Breach Event
Business Day
Claim
Claim Notice
Commencement Date
Compliance Certificate
Constitutional Documents
Default Event
Deposit
Effective Date
Encumbrance
Event of Default
Financial Institution
Financial Year
Guarantee
Guarantee Amount
Guarantee Period
Guaranteed Obligations
Guarantor
Government
Indemnity
Interest Rate
Material Adverse Effect
Minister
National Treasury
Notice
Parties
Payment Date
PFMA
Principal Debtor
Regulatory Authority
Relevant Authority
Republic
Required Authorizations
SARB
Security
Signature Date
South African Reserve Bank
Specified Account
Treasury Regulations
Termination Date
Terms and Conditions
Valid Claim
Writing
Grant of Guarantee
Scope of Guarantee
Conditions Precedent
Duration
Payment Obligations
Claims Procedure
Representations and Warranties
Undertakings
Reporting Requirements
Compliance
Regulatory Requirements
Events of Default
Enforcement
Security
Counter-Indemnity
Step-In Rights
Assignment and Transfer
Confidentiality
Data Protection
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Notices
Amendments
Waiver
Severability
Entire Agreement
Authority and Capacity
Anti-Money Laundering
Foreign Exchange Control
Treasury Approval
Parliamentary Oversight
Termination
Costs and Expenses
Banking and Financial Services
Public Sector
Government Administration
Financial Regulation
Treasury Services
Public Finance
Development Finance
Legal
Finance
Treasury
Compliance
Risk Management
Government Relations
Regulatory Affairs
Public Finance
Corporate Banking
Strategic Planning
Chief Financial Officer
Treasury Director
Financial Director
Legal Counsel
Compliance Officer
Risk Manager
Public Finance Specialist
Government Relations Manager
Banking Executive
Minister of Finance
Treasury Director-General
Regulatory Affairs Manager
Financial Controller
Deputy Director: Guarantees
Senior Legal Advisor
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