China in Central Asian: Debt-Trap Policy, and Dependency in Tajikistan and Kyrgyzstan

(2) A typical “No Paris Club” clause is present in the Chinese contract sample and are found in 43% of China Development Bank and 81% of Exim bank projects contracts;

(3) Collateral or security clauses to ensure that the lender has cash available in the event of default. Security arrangements are used in 75% of China Development Bank’s and 22% of Exim Bank’s contracts, whereas only 7% of OECD bilateral creditors and 1% of multilateral creditors set do so.

(4) Escrow or special accounts are used to secure repayment and are used by Chinese state-owned banks; Throughout the life of the loan, sovereign borrowers agree to maintain and fund bank accounts at the lending institution or at a bank “acceptable to the lender,” as well as route project revenues and cash flows through these accounts that are unrelated to the project funded by the loan; (5) Cross-default clauses are present in 100% of China Development Bank’s and Exim Bank contracts, “When the debtor defaults on its obligation to Creditor B, a cross-default clause allows Creditor A to pressure the debtor and protect its claim priority. If the debtor misses a payment to B, both A and B would have the ability to demand entire loan and accumulated interest repayment at the same time under a creditor-friendly version of the clause. A creditor may retain the right to cancel the loan and demand immediate repayment under various circumstances, including political and economic developments not directly connected to the lending relationship. Once the contracts are signed, the debtor’s exit options are very limited”.

Umedjon Majidi – Author of the blog series, Expert/Research Consultant, Civic IDEA