評《MIGA公約》的最新修訂及其啟示

Comments on the Latest Revision of the MIGA Convention and Its Enlightenment

為應對2008年金融危機後世界政治風險保險市場新變化和實現MIGA宗旨，MIGA董事會修訂了《MIGA公約》第12條，擴大了合格投資範圍：明確了用於融資的貸款或者與存在直接投資的特定投資或項目有關的貸款屬於合格投資範圍；新增了合格投資者對現有投資的並購、合格投資者對其擁有的現有投資或新投資的系列擔 保、合格投資者改善和加強對東道國有重大持續性發展性影響基礎項目的現有投資或者證明其對項目有中長期擔保的現有投資等作為MIGA的合格投資。同時提高MIGA決策靈活性，賦予MIGA董事會批准任何形式的中長期貸款為合格投資的權利且不受關聯性要求的限制。此次修訂有利於促進投資向高風險發展中國家流動、投資者私人利益與東道國公共利益的雙贏，提升MIGA世界範圍內的影響力。中國應進一步加強與MIGA的合作互動，應學習MIGA的做法，包括政策性導向與商業化運作相結合，擴大海外投資保險合格投資範圍並加強投資保險險種創新，增強透明度和便利投資者參與。

In response to the new changes occurred in the political risk insurance market since the 2008 global financial crisis, and to realize the aim of MIGA, the MIGA Convention was amended by the MIGA board of directors, which mainly focuses on Article 12 of the MIGA convention and expands the scope of eligible investments: ascertain that loans made to finance or related to a specific investment are eligible for coverage; newly include the following investments as eligible investments: the acquisition of an existing investment by a new eligible investor, existing investments where an eligible investor is seeking to insure a pool of existing and new investments, and existing investments owned by an eligible investor where there is an improvement or enhancement of the underlying project or the investor otherwise demonstrates medium-or long-term commitment to the project, which continues to have a high developmental impact in the host country. Meanwhile, the MIGA’s flexibility in decision process is improved: the Board was authorized to extend eligibility to any other medium-or long-term form of investment, and not subject to the limitation of relevance requirement to the project. This revision is good for promoting FDI flows into the high risk developing countries, achieving the win-win effect between the private interests of investors and the public interest of host country, and enhancing worldwide influence of MIGA. China is expected to further and cultivate the cooperation or interaction with MIGA, to learn the MIGA experience in combination of policy oriented and commercial operation, to expand the scope of qualified investment in overseas investment insurance, to strengthen innovation in investment insurance products, and to enhance transparency and facilitate investors to participate.