-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, OCwQwVXwZbewg+PJLelxMD0ee6YMlQfbEvvRN2xqJ78mdiqvm8QEq+B3SXv7qRan qqfwd55tzHo2hyUIEpfAfA== 0001193125-08-254925.txt : 20081217 0001193125-08-254925.hdr.sgml : 20081217 20081217131724 ACCESSION NUMBER: 0001193125-08-254925 CONFORMED SUBMISSION TYPE: S-B PUBLIC DOCUMENT COUNT: 13 REFERENCES 429: 333-149818 FILED AS OF DATE: 20081217 DATE AS OF CHANGE: 20081217 FILER: COMPANY DATA: COMPANY CONFORMED NAME: EXPORT IMPORT BANK OF KOREA CENTRAL INDEX KEY: 0000873463 STANDARD INDUSTRIAL CLASSIFICATION: FOREIGN GOVERNMENTS [8888] IRS NUMBER: 000000000 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: S-B SEC ACT: 1933 Act SEC FILE NUMBER: 333-156218 FILM NUMBER: 081254412 BUSINESS ADDRESS: STREET 1: 460 PARK AVE 20TH FL CITY: NEW YORK STATE: NY ZIP: 10005 FILER: COMPANY DATA: COMPANY CONFORMED NAME: REPUBLIC OF KOREA CENTRAL INDEX KEY: 0000873465 STANDARD INDUSTRIAL CLASSIFICATION: FOREIGN GOVERNMENTS [8888] IRS NUMBER: 000000000 FILING VALUES: FORM TYPE: S-B SEC ACT: 1933 Act SEC FILE NUMBER: 333-156218-01 FILM NUMBER: 081254413 BUSINESS ADDRESS: STREET 1: 88 KWANMOON-RO STREET 2: KWACHUN-SHI, KYUNGGI-DO CITY: REPUBLIC OF KOREA STATE: M5 ZIP: 427725 BUSINESS PHONE: 8225039267 MAIL ADDRESS: STREET 1: 88 KWANMOON-RO STREET 2: KWACHUN-SHI, KYUNGGI-DO CITY: REPUBLIC OF KOREA STATE: M5 ZIP: 427725 S-B 1 dsb.htm REGISTRATION STATEMENT UNDER SCHEDULE B OF THE SECURITIES ACT OF 1933 Registration Statement under Schedule B of the Securities Act of 1933
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As filed with the Securities and Exchange Commission on December 17, 2008

Registration Statement No. 333-            

 

 

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C.

 

 

 

REGISTRATION STATEMENT*

UNDER

SCHEDULE B

OF

THE SECURITIES ACT OF 1933

 

 

 

THE EXPORT-IMPORT BANK OF KOREA

(Name of Registrant)

 

 

 

THE REPUBLIC OF KOREA

(Name of Co-Registrant and Guarantor)

 

Names and Addresses of Authorized Representatives:

 

Joo-shik Kong

Or Yeong-hee Lee

Duly Authorized Representatives

in the United States of

the Export-Import Bank of Korea

460 Park Avenue, 8th Floor

New York, New York 10022

 

Yeo-kwon Yoon

Duly Authorized Representative

in the United States of

The Republic of Korea

335 East 45th Street

New York, New York 10017

 

Copies to:

Jinduk Han, Esq.

Cleary Gottlieb Steen & Hamilton LLP

39th Floor, Bank of China Tower

One Garden Road

Hong Kong

 

 

 

Approximate date of commencement of proposed sale to the public:     As soon as practicable after this Registration Statement becomes effective.

 

The securities registered hereby will be offered on a delayed or continuous basis pursuant to the procedures set forth in Securities Act Release Nos. 33-6240 and 33-6424.

 

 

 

CALCULATION OF REGISTRATION FEE

 

 

Title of each class of securities being registered  

Amount to be

registered(1)

 

Amount of

registration fee

Debt securities with or without warrants to purchase debt securities

  US$ 5,000,000,000   US$ 196,500

Guarantees of The Republic of Korea

    —  (2)     —  (2)

 

 

 

(1)   Or an equivalent amount in another currency or currencies or in composite currencies or as determined by reference to an index or, if the debt securities are to be offered at a discount, the approximate proceeds to The Export-Import Bank of Korea. Includes the maximum principal amount of the obligations to be guaranteed by the Registrants under the guarantees registered hereby.
(2)   The Republic of Korea may irrevocably guarantee the debt securities being registered hereby. Pursuant to Rule 457(n) of the Securities Act of 1933, no registration fee is required with respect to the guarantees.

 

 

 

Pursuant to Rule 429 under the Securities Act of 1933, the Prospectus contained in this Registration Statement and supplements to such Prospectus will also be used in connection with US$5,507,248,627 of debt securities with or without warrants to purchase debt securities registered under Registration Statement No.333-149818.

 

The Registrants hereby amend this Registration Statement on such date or dates as may be necessary to delay its effective date until the Registrants shall file a further amendment which specifically states that this Registration Statement shall thereafter become effective in accordance with Section 8(a) of the Securities Act of 1933 or until the Registration Statement shall become effective on such date as the Commission, acting pursuant to said Section 8(a), may determine.

 

*   This Registration Statement also constitutes Post-Effective Amendment No. 1 to Registration Statement No. 333-149818.

 

 

 


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EXPLANATORY NOTE

 

This registration statement relates to US$5,000,000,000 aggregate amount of (i) debt securities (with or without warrants) of The Export-Import Bank of Korea to be offered from time to time as separate issues on terms and in the manner to be specified in a prospectus supplement to be delivered in connection with each such offering and (ii) guarantees that may be issued by The Republic of Korea in respect of debt securities of The Export-Import Bank of Korea on terms and in the manner to be specified in a prospectus supplement to be delivered in connection with each such issuance. The prospectus constituting a part of this registration statement relates to (i) the debt securities (with or without warrants) registered hereunder, (ii) guarantees that may be issued by The Republic of Korea, registered hereunder and (iii) US$5,507,248,627 aggregate principal amount of debt securities (with or without warrants) registered under Registration Statement No.333-149818 (including an aggregate principal amount of US$640,000,000 of debt securities that may be sold by us from time to time in a continuous offering designated Medium-Term Notes, Series A, Due Not Less Than Nine Months From Date of Issue (the “MTNs”)).

 

This registration statement contains a form of prospectus supplement filed as Exhibit K to this registration statement to be used in connection with the sale by us of the MTNs in a continuous offering.


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The information in this prospectus is not complete and may be changed. We may not sell these securities until the registration statement filed with the Securities and Exchange Commission is effective. This prospectus is not an offer to sell these securities and it is not soliciting an offer to buy these securities in any state where the offer or sale is not permitted.

 

SUBJECT TO COMPLETION, DATED DECEMBER 17, 2008

 

PROSPECTUS

 

LOGO

 

$5,000,000,000

 

The Export-Import Bank of Korea

 

Debt Securities

Warrants to Purchase Debt Securities

 

The Republic of Korea

 

Guarantees

 

 

 

We will provide the specific terms of these securities in supplements to this prospectus. You should read this prospectus and any prospectus supplement carefully before you invest.

 

 

 

Neither the Securities and Exchange Commission nor any state securities commission has approved or disapproved of these securities or determined if this prospectus is truthful or complete. Any representation to the contrary is a criminal offense.

 

This prospectus is dated                     , 2008


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TABLE OF CONTENTS

 

     Page

Certain Defined Terms And Conventions

   1

Use Of Proceeds

   2

The Export-Import Bank of Korea

   3

Overview

   3

Capitalization

   4

Business

   5

Selected Financial Statement Data

   8

Operations

   11

Description of Assets and Liabilities

   17

Credit Policies, Credit Approval and Risk Management

   28

Capital Adequacy

   29

Overseas Operations

   30

Property

   30

Management and Employees

   31

Financial Statements and the Auditors

   32

The Republic of Korea

   140

Land and History

   140

Government and Politics

   141

The Economy

   144

The Financial System

   157

Monetary Policy

   162

Balance of Payments and Foreign Trade

   166

Government Finance

   172

Debt

   174

Tables and Supplementary Information

   176

Description of the Securities

   179

Description of Debt Securities

   179

Description of Warrants

   186

Terms Applicable to Debt Securities and Warrants

   187

Description of Guarantees

   188

Limitations on Issuance of Bearer Debt Securities and Bearer Warrants

   192

Taxation

   193

Korean Taxation

   193

United States Tax Considerations

   195

Plan of Distribution

   203

Legal Matters

   204

Authorized Representatives in the United States

   204

Official Statements and Documents

   204

Experts

   204

Forward-Looking Statements

   205

Further Information

   206

 

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CERTAIN DEFINED TERMS AND CONVENTIONS

 

All references to the “Bank”, “we”, “our” or “us” mean The Export-Import Bank of Korea. All references to “Korea” or the “Republic” contained in this prospectus mean The Republic of Korea. All references to the “Government” mean the government of Korea.

 

Unless otherwise indicated, all references to “won”, “Won” or “(Won)” contained in this prospectus are to the currency of Korea, references to “U.S. dollars”, “Dollars”, “$” or “US$” are to the currency of the United States of America, references to “Euro” or “ €” are to the currency of the European Union, references to “Yen” or “¥” are to the currency of Japan, references to “franc” or “CHF” are to the currency of Switzerland, references to “New Turkish Lira” or “TRY” are to the currency of Turkey, references to “Malaysia Ringgit” or “MYR” are to the currency of Malaysia, references to “Brazilian Real” or “BRL” are to the currency of Federative Republic of Brazil and references to “Mexican Peso” or “MXN” are to the currency of the United Mexican States.

 

In this prospectus, where information has been prepared in thousands, millions or billions of units, amounts may have been rounded up or down. Accordingly, actual numbers may differ from those contained herein due to rounding. All discrepancies in any table between totals and the sums of the amounts listed are due to rounding.

 

Our principal financial statements are our non-consolidated financial statements. Unless specified otherwise, our financial and other information is presented on a non-consolidated basis and does not include such information with respect to our subsidiaries.

 

In connection with the adoption of statement of Korean Financial Accounting Standards No.21 and No.24 commencing January 1, 2007, our financial statements and certain of our financial information as of and for the year ended December 31, 2006 have been restated to conform with the presentation of our financial statements and financial information as of and for the year ended December 31, 2007 for comparative purposes. See “Notes to Non-Consolidated Financials Statements of December 31, 2007 and 2006—Note 2”.

 

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USE OF PROCEEDS

 

Unless otherwise specified in the applicable prospectus supplement, we will use the net proceeds from the sale of the securities for our general operations.

 

2


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THE EXPORT-IMPORT BANK OF KOREA

 

Overview

 

We were established in 1976 as a special governmental financial institution pursuant to the Export-Import Bank of Korea Act, as amended (the “KEXIM Act”). Since our establishment, we have been promoting the export and competitiveness of Korean goods and services in international markets. To this end, we have introduced financing facilities and implemented lending policies that are responsive to the needs of Korean exporters.

 

Our primary purpose, as stated in the KEXIM Act, is to “promote the sound development of the national economy and economic cooperation with foreign countries by extending the financial aid required for export and import transactions, overseas investment and the development of natural resources abroad.” Over the years, we have developed various financing facilities and lending policies that are consistent with the Government’s overall economic policies. In the latter part of the 1980s, as a result of changing trade conditions and the increased internationalization of the Korean economy, overseas investment credits and import credits were promoted and began to constitute an important portion of our business. In recent years, we have focused on the development of new financing facilities, including structured financing for ships and project financing for the construction of industrial plants and the development of natural resources abroad.

 

As of June 30, 2008, we had (Won)27,041 billion of outstanding loans, including (Won)15,854 billion of outstanding export credits, (Won)7,366 billion of outstanding overseas investment credits and (Won)1,974 billion of outstanding import credits, as compared to (Won)20,739 billion of outstanding loans, including (Won)12,658 billion of outstanding export credits, (Won)4,812 billion of outstanding overseas investment credits and (Won)1,550 billion of outstanding import credits as of December 31, 2007.

 

Although our management has control of our day-to-day operations, our operations are subject to the close supervision of the Government. The Government’s determination each fiscal year regarding the amount of financial support to extend to us, in the form of loans, contributions to capital or transfers of our income to reserves, plays an important role in determining our lending capacity. The Government has the power to appoint or dismiss our President, Deputy President, Executive Directors and Auditor. Moreover, the Minister of Strategy and Finance (formerly the Minister of Finance and Economy) of the Republic has, on behalf of the Republic, signed the registration statement of which this Prospectus forms a part.

 

The Government supports our operations pursuant to Article 37 of the KEXIM Act. Article 37 of the KEXIM Act provides that “the annual net losses of the Export-Import Bank of Korea shall be offset each year by the reserve, and if the reserve be insufficient, the Government shall provide funds to cover the deficit.” As a result of the KEXIM Act, the Government is generally responsible for our operations and is legally obligated to replenish any deficit that arises if our reserves, consisting of our surplus and capital surplus items, are insufficient to cover any of our annual net losses. In light of the above, if we have insufficient funds to make any payment under any of our obligations, including the debt securities covered by this prospectus, the Government would take appropriate steps, such as by making a capital contribution, by allocating funds or by taking other action, to enable us to make such payment when due. The provisions of Article 37 do not, however, constitute a direct guarantee by the Government of our obligations, and the provisions of the KEXIM Act, including Article 37, may be amended at any time by action of the National Assembly.

 

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Capitalization

 

As of December 31, 2007 and June 30, 2008, our authorized capital was (Won)4,000 billion and capitalization was as follows:

 

     June 30, 2008(1)
    

(unaudited)

(billions of Won)

Long-Term Debt(2)(3)(4)(5):

  

Borrowings in Korean Won

   (Won) —  

Borrowings in Foreign Currencies

     —  

Export-Import Financing Debentures

     13,847.0
      

Total Long-term Debt

     13,847.0
      

Capital and Reserves:

  

Paid-in Capital(6)

     3,308.8

Legal Reserve(7)

     247.1

Voluntary Reserve(7)

     737.3

Unappropriated Retained Earnings

     177.0

Accumulated Other Comprehensive Income(8)

     583.0
      

Total Capital and Reserve

     5,053.2
      

Total Capitalization(7)

     18,900.2
      

 

(1)   Except as described in this prospectus, there has been no material adverse change in our capitalization since June 30, 2008.
(2)   We have translated borrowings in foreign currencies as of June 30, 2008 into Won at the rate of (Won)1,043.4 to US$1.00, which was the market average exchange rate, as announced by the Seoul Monetary Brokerage Services Ltd., on June 30, 2008.
(3)   As of June 30, 2008, we had contingent liabilities totaling (Won)75,782.4 billion, which consisted of (Won)39,490.7 billion under outstanding guarantees and acceptances and (Won)36,291.7 billion under contingent guarantees and acceptances issued on behalf of our clients. For further information relating to our contingent liabilities under outstanding guarantees as of June 30, 2008, see “Notes to Non-Consolidated Financial Statements of June 30, 2008 and 2007—Note 11”. See also “Notes to Non-Consolidated Financial Statements of June 30, 2008 and 2007—Note 14” for a description of our commitments and contingencies as of June 30, 2008.
(4)   As of June 30, 2008, we had entered into 51 interest rate related derivative contracts with a notional amount of (Won)5,695.4 billion and 89 currency related derivative contracts with a notional amount of (Won)10,683.5 billion in accordance with our policy to hedge interest rate and currency risks. See “Notes to Non-Consolidated Financial Statements of June 30, 2008 and 2007—Note 14”.
(5)   See “Sources of Funding” for an explanation of these sources of funds. All the borrowings of the Bank, whether domestic or international, are unsecured and unguaranteed.
(6)   Authorized ordinary share capital is (Won)4,000 billion and issued fully-paid ordinary share capital is (Won)3,309 billion. See “Government Support and Supervision—Government Support”.
(7)   See “Government Support and Supervision” for a description of the manner in which annual net income is transferred to the legal reserve and may be transferred to the voluntary reserve.
(8)   Previously classified as capital adjustments. Effective January 1, 2007, we adopted a set of new accounting standards issued by the Korea Accounting Standard Board and reclassified certain components of our balance sheet, income statement and cash flow statement. See “Notes to Non-Consolidated Financial Statements of December 31, 2007 and 2006—Note 2”.

 

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Business

 

Purpose and Authority

 

We were established in 1976 as a special governmental financial institution pursuant to the KEXIM Act. The KEXIM Act, the Enforcement Decree of the KEXIM Act (the “KEXIM Decree”) and our Articles of Incorporation (the “By-laws”) define and regulate our powers and authority. We are treated as a special juridical entity under Korean law and are not subject to certain of the laws regulating activities of commercial banks.

 

We were established, as stated in the KEXIM Act, to “promote the sound development of the national economy and economic cooperation with foreign countries by extending the financial aid required for export and import transactions, overseas investment and the development of natural resources abroad.” As an instrument in serving the Government’s public policy objectives, we do not seek to maximize our profits. We do, however, strive to maintain an adequate level of profitability to strengthen our equity base in order to support the growth in the volume of our business.

 

Our primary purpose has been the provision of loans to facilitate Korean exports of capital and non-capital goods and technical services. Most of our activities have been carried out pursuant to this authority and we characterize such loans as export credits. In January 2008, the Government amended the KEXIM Act and KEXIM Decree to expand the types of goods and services eligible for export credits that we may extend to include intangible goods and non-technical services.

 

We have the authority to undertake a range of other financial activities. These fall into three principal categories:

 

   

overseas investment credits;

 

   

import credits; and

 

   

guarantee facilities.

 

Overseas investment credits consist of loans to finance Korean overseas investments and projects. Import credits include the extension of loans to finance Korean imports of essential materials and natural resources. Guarantee facilities are made available to support the obligations of Korean exporters and importers.

 

We also have the authority to administer, on behalf of the Government, the Government’s Economic Development Cooperation Fund and the Inter-Korea Cooperation Fund, formerly known as South and North Korea Co-operation Fund.

 

We may also undertake other business activities incidental to the foregoing, including currency and interest rate swap transactions. We have engaged in such swap transactions for hedging purposes only.

 

Government Support and Supervision

 

The Government’s determination each fiscal year, regarding the amount of financial support to extend to us, plays an important role in determining our lending capacity. Such support has included contributions to capital, loans and transfers of our income to reserves.

 

Our authorized capital was (Won)30 billion when the Government enacted the KEXIM Act in 1969. The National Assembly amended the KEXIM Act and increased our authorized capital to (Won)150 billion

 

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in 1974, (Won)500 billion in 1977 and (Won)1,000 billion in 1986. The Government further increased our authorized capital to (Won)2,000 billion in January 1998 and (Won)4,000 billion in September 1998.

 

As of December 31, 1996, the capital contribution from the Government was approximately (Won)686 billion, all in cash. Since 1997, the Government has made capital contributions not only in cash but also in the form of shares of common stock of Government-affiliated entities. In 1997, the Government contributed (Won)185 billion in cash and in the form of shares of common stock of KT&G (formerly known as Korea Tobacco & Ginseng). In 1998, the Government contributed (Won)805 billion in cash and in the form of shares of common stock of KT&G, Korea Electric Power Corporation and Korea Expressway Corporation (formerly known as Korea Highway Corporation). From 1999 to 2004, the Government contributed (Won)1,100 billion in cash to our capital, directly and indirectly through The Bank of Korea and the Korea Development Bank.

 

In April 2005, the Government contributed (Won)500 billion in the form of shares of common stock of Korea Expressway Corporation owned by the Government and (Won)20 billion in cash to our capital to further support our lending to Korean manufacturers and exporters, in accordance with the Government policy to promote the Republic’s exports by providing such entities with the funds required for the construction and export of capital goods (such as industrial plants, industrial machinery, natural resource development, information infrastructure and overseas construction projects). In July 2007, the Government contributed (Won)3 billion in cash to our capital. Taking into account these capital contributions, as of June 30, 2008, our total paid-in capital was (Won)3,309 billion.

 

Pursuant to the KEXIM Act, only the Government, The Bank of Korea, the Korea Development Bank, certain designated domestic banking institutions, exporters’ associations and international financial organizations may contribute to our paid-in capital. As of June 30, 2008, the Government directly owned 60.2% of our paid-in capital and indirectly owned, through The Bank of Korea and the Korea Development Bank, 35.2% and 4.6%, respectively, of our paid-in capital. See “Notes to Non-Consolidated Financial Statements of June 30, 2008 and 2007—Note 13”.

 

In addition to contributions to our capital, the Government provides funding for our financing activities. The Government has made loans available to us for our lending activities. We did not have any borrowing outstanding from the Government as of June 30, 2008.

 

The Government also supports our operation pursuant to Articles 36 and 37 of the KEXIM Act. Article 36 of the KEXIM Act and the By-laws provide that we shall apply our net income earned during each fiscal year, after deduction of depreciation expense for such fiscal year, in the following manner and in order of priority:

 

   

first, 20% of such net income is transferred to our legal reserve until the total amount of our legal reserve equals the total amount of our paid-in capital;

 

   

second, if the Minister of Strategy and Finance approves such distribution, the balance of any such net income, after such transfer to the legal reserve, is distributed to the institutions, other than the Government, that have contributed to our capital (up to a maximum 15% annual dividend rate); and

 

   

third, the remaining balance of any such net income is distributed in whatever manner our Operations Committee determines and the Minister of Strategy and Finance approves, such as additions to our voluntary reserve. As of June 30, 2008, we had a legal reserve of (Won)247.1 billion and a voluntary reserve of (Won)737.3 billion.

 

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Article 37 of the KEXIM Act provides that “the annual net losses of the Export-Import Bank of Korea shall be offset each year by the reserve, and if the reserve be insufficient, the Government shall provide funds to cover the deficit.” As a result of the KEXIM Act, the Government is generally responsible for our operations and is legally obligated to replenish any deficit that arises if our reserves are insufficient to cover any of our annual net losses. In light of this provision, if we have insufficient funds to make any payment under any of our obligations, the Government would take appropriate steps by making a capital contribution, by allocating funds or by taking other action to enable us to make such payment when due. The provisions of Article 37 do not, however, constitute a direct guarantee by the Government of our obligations, and the provisions of the KEXIM Act, including Article 37, may be amended at any time by action of the National Assembly.

 

The Government closely supervises our operations including in the following ways:

 

   

the President of the Republic appoints our President upon the recommendation of the Minister of Strategy and Finance;

 

   

the Minister of Strategy and Finance appoints our Deputy President and Executive Directors upon the recommendation of our President;

 

   

one month prior to the beginning of each fiscal year, we must submit our proposed program of operations and budget for the fiscal year to the Minister of Strategy and Finance for his approval;

 

   

the Minister of Strategy and Finance must approve our operating manual, which sets out guidelines for all principal operating matters, including the range of permitted financings;

 

   

the Board of Audit and Inspection, a Government department, examines our settlement of accounts annually;

 

   

each of the Minister of Strategy and Finance and the Financial Services Commission has broad authority to require reports from us on any matter and to examine our books, records and other documents. On the basis of the reports and examinations, the Minister of Strategy and Finance may issue any orders it deems necessary to enforce the KEXIM Act or delegate examinations to the Financial Services Commission;

 

   

the Financial Services Commission may supervise our operations to ensure managerial soundness based upon the KEXIM Decree and the Bank Supervisory Regulations of the Financial Services Commission and may issue orders deemed necessary for such supervision;

 

   

we must submit our annual report to the Ministry of Strategy and Finance (formerly, the Ministry of Finance and Economy) within two months after the end of each fiscal year and to the National Assembly within nine months after the end of each fiscal year outlining our operations and analyzing our activities during the relevant fiscal year; and

 

   

we may amend our By-laws and operating manual only with the approval of the Minister of Strategy and Finance.

 

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Selected Financial Statement Data

 

You should read the following financial statement data together with our financial statements and notes included in this prospectus:

 

    Year Ended December 31,     Six Months Ended
June 30,
 
    2003     2004     2005     2006     2007     2007     2008  
                                  (unaudited)  
    (billions of Won)              

Income Statement Data

             

Total Interest Income

  (Won) 370.6     (Won) 411.1     (Won) 514.1     (Won) 741.6     (Won) 1,037.0     (Won) 466.0     (Won) 626.4  

Total Interest Expense

    260.0       319.3       392.3       488.6       816.9       326.5       634.5  

Net Interest Income

    110.6       91.9       121.8       253.0       220.1       139.5       (8.1 )

Total Revenues

    693.3       849.9       1,224.0       1,279.1       2,264.4       938.1       1,705.2  

Total Expenses

    631.8       743.6       917.7       1,047.4       2,015.8       821.9       1,464.6  

Income before Income Taxes

    61.5       106.3       306.3       231.7       248.5       116.2       240.6  

Income Tax Benefit (expense)

    (17.4 )     (28.8 )     (81.8 )     (63.4 )     (64.3 )     (27.7 )     (63.6 )

Net Income

    44.1       77.5       224.5       168.3       184.3       88.5       177.0  

 

    As of December 31,   As of June 30,
2008
    2003   2004   2005   2006   2007  
                        (unaudited)
    (billions of Won)    

Balance Sheet Data

           

Total Loans(1)

  (Won) 9,779.9   (Won) 10,127.2   (Won) 12,188.8   (Won) 15,050.5   (Won) 20,738.5   (Won) 27,040.9

Total Borrowings(2)

    7,740.9     7,842.6     9,221.8     11,798.7     17,412.2     23,931.5

Total Assets

    11,281.6     12,170.6     15,155.8     17,448.5     23,639.4     30,645.3

Total Liabilities

    8,103.1     8,626.5     10,277.4     12,688.5     18,703.9     25,592.1

Total Shareholders’
Equity
(3)

    3,178.5     3,544.1     4,878.4     4,759.9     4,935.5     5,053.2

 

(1)   Includes bills bought, foreign exchange bought, call loans, inter-bank loans in foreign currency and others.
(2)   Includes debentures.
(3)   Includes unappropriated retained earnings.

 

Six Months Ended June 30, 2008

 

For the six months ended June 30, 2008, we had net income of (Won)177.0 billion compared to net income of (Won)88.5 billion for the six months ended June 30, 2007.

 

The principal factors for the increase in net income for the six months ended June 30, 2008 compared to the six months ended June 30, 2007 included:

 

   

an increase in net gain on derivative instrument to (Won)432.8 billion in the six months ended June 30, 2008 from (Won)99.3 billion in the same period of 2007; and

 

   

an increase in commission income to (Won)96.9 billion in the six months ended June 30, 2008 from (Won)63.2 billion in the same period of 2007, primarily due to an increase in commissions from guarantees.

 

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The above factors were partially offset by (1) an increase in net foreign exchange trading losses to (Won)315.1 billion in the six months ended June 30, 2008 from (Won)110.7 billion in the same period of 2007 and (2) net interest expense of (Won)8.1 billion in the six months ended June 30, 2008 compared to net interest income of (Won)139.5 billion in the same period of 2007, primarily due to increased funding cost for foreign currency borrowings as a result of the global credit crunch triggered by the sub-prime mortgage loan crisis in the United States.

 

As of June 30, 2008, our total assets increased by 29.6% to (Won)30,645.3 billion from (Won)23,639.4 billion as of December 31, 2007, primarily due to a 30.4% increase in loans to (Won)27,040.9 billion as of June 30, 2008 from (Won)20,738.5 billion as of December 31, 2007.

 

As of June 30, 2008, our total liabilities increased by 36.8% to (Won)25,592.1 billion from (Won)18,703.9 billion as of December 31, 2007. The increase in liabilities was primarily due to a 29.0% increase in debentures to (Won)19,950.4 billion as of June 30, 2008 from (Won)15,464.0 billion as of December 31, 2007.

 

The increase in assets and liabilities was primarily due to an increase in the volume of loans and debt, respectively. The depreciation of the Won against the Dollar for the six months ended June 30, 2008 compared to the same period of 2007 magnified the effect of the increase in the volume of loans and debt, as a majority of our assets and liabilities consisted of foreign currency loans and debt, respectively.

 

As of June 30, 2008, our total shareholders’ equity increased by 2.4% to (Won)5,053.2 billion from (Won)4,935.5 billion as of December 31, 2007 primarily due to an increase in retained earnings by (Won)152.4 billion.

 

2007

 

We had net income of (Won)184.3 billion in 2007 compared to net income of (Won)168.3 billion in 2006.

 

The principal factors for the increase in net income in 2007 compared to 2006 included:

 

   

an increase in net gain on derivative financial instruments to (Won)498.2 billion in 2007 from (Won)72.7 billion in 2006, primarily due to the appraisal gain in currency interest swap resulting from the depreciation of the US dollar against other currencies; and

 

   

a decrease in provisions for loan losses to (Won)59.4 billion in 2007 from (Won)123.4 billion in 2006, primarily due to the enhanced asset quality of our assets.

 

The above factors were partially offset by an increase in net losses on foreign currency transactions to (Won)517.4 billion in 2007 from (Won)86.9 billion in 2006.

 

As of December 31, 2007, our total assets increased by 35.5% to (Won)23,639 billion from (Won)17,449 billion as of December 31, 2006, primarily due to a 37.8% increase in loans to (Won)20,739 billion as of December 31, 2007 from (Won)15,051 billion as of December 31, 2006.

 

As of December 31, 2007, our total liabilities increased by 47.4% to (Won)18,704 billion from (Won)12,689 billion as of December 31, 2006. The increase in liabilities was primarily due to a 54.5% increase in debentures to (Won)15,464 billion as of December 31, 2007 from (Won)10,012 billion as of December 31, 2006 and a 9.0% increase in borrowings to (Won)1,948 billion as of December 31, 2007 from (Won)1,787 billion as of December 31, 2006.

 

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The increase in assets and liabilities is primarily due to an increase in the volume of loans and debt. The appreciation of the Won against the Dollar in 2007 compared to 2006 partially offset the effect of the increase in the volume of loans and debt, as a majority of our assets and liabilities consisted of foreign currency loans and debt.

 

As of December 31, 2007, our total shareholders’ equity increased by 3.7% to (Won)4,936 billion from (Won)4,760 billion as of December 31, 2006, primarily due to an increase in retained earnings by (Won)167 billion.

 

2006

 

We had net income of (Won)168.3 billion in 2006 compared to net income of (Won)224.5 billion in 2005.

 

The principal factors for the decrease in net income in 2006 compared to 2005 included:

 

   

net foreign exchange trading losses of (Won)87 billion in 2006 compared to net foreign exchange trading income of (Won)80 billion in 2005, primarily due to losses on Euro-denominated liability transactions resulting from the appreciation of the Euro against the Won and losses on Dollar-denominated asset transactions resulting from the depreciation of the Dollar against the Won; and

 

   

a decrease in gains on disposal of available-for-sale securities to (Won)184 billion in 2006 from (Won)261 billion in 2005; the (Won)261 billion gain in 2005 reflected principally the sale of our equity interest in Industrial Bank of Korea and the (Won)184 billion gain in 2006 reflected principally the sale of our equity interest in Korea Exchange Bank.

 

The above factors were partially offset by an increase in net interest income by (Won)131 billion.

 

As of December 31, 2006, our total assets increased by 15.1% to (Won)17,448 billion from (Won)15,156 billion as of December 31, 2005, primarily due to a 23.5% increase in loans to (Won)15,051 billion as of December 31, 2006 from (Won)12,189 billion as of December 31, 2005, which was partially offset by a 20.4% decrease in securities to (Won)2,558 billion as of December 31, 2006 from (Won)3,215 billion as of December 31, 2005.

 

As of December 31, 2006, our total liabilities increased by 23.5% to (Won)12,689 billion from (Won)10,277 billion as of December 31, 2005. The increase in liabilities was primarily due to a 16.8% increase in debentures to (Won)10,012 billion as of December 31, 2006 from (Won)8,571 billion as of December 31, 2005 and a 174.5% increase in borrowings to (Won)1,787 billion as of December 31, 2006 from (Won)651 billion as of December 31, 2005.

 

The increase in assets and liabilities is primarily due to an increase in the volume of loans and debt. The appreciation of the Won against the Dollar in 2006 compared to 2005 partially offset the effect of the increase in the volume of loans and debt, as a majority of our assets and liabilities consisted of foreign currency loans and debt.

 

As of December 31, 2006, our total shareholders’ equity decreased by 2.4% to (Won)4,760 billion from (Won)4,878 billion as of December 31, 2005 due to a decrease in valuation gains on available-for-sale securities and securities under the equity method by (Won)283 billion, which offset an increase in paid-in capital as a result of the Government’s (Won)10 billion capital injection and an increase in retained earnings by (Won)155 billion.

 

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Operations

 

Loan Operations

 

Our primary objective since our establishment has been to promote the export and competitiveness of Korean goods and services in international markets. To this end, we have introduced various financing facilities and implemented lending policies that are responsive to the needs of Korean exporters and foreign importers. Over the years, we have also developed financing facilities and lending policies that are consistent with the Government’s overall economic policies. In the latter part of the 1980s, as a result of changing trade conditions and the increased internationalization of the Korean economy, overseas investment credits and import credits were promoted and began to constitute an important portion of our business. Our lending programs include (1) export credits to Korean exporters or foreign buyers of Korean goods and services, (2) overseas investment credits to Korean firms and (3) import credits to Korean importers.

 

Before approving a credit, we consider:

 

   

economic benefits to the Republic;

 

   

the industry’s rank in the order of priorities established by the Government’s export-import policy;

 

   

credit risk associated with the loans to be extended; and

 

   

the goal of diversifying our lending activities.

 

The KEXIM Act and the By-laws provide that we may extend credit only where repayment “is considered probable.” Accordingly, we carefully investigate the financial position of each prospective borrower and the technical and financial aspects of the project to be financed, and a loan is made only if we believe there is reasonable assurance of repayment. See “Credit Policies, Credit Approval and Risk Management—Credit Approval”.

 

We are currently required by the KEXIM Act and the KEXIM Decree to make loans with original maturities of not more than 25 years. The overall average life of our loans is approximately 3 years.

 

In the first half of 2008, we provided total loans of (Won)13,537.4 billion, an increase of 28.8% from the same period of 2007, which was mainly due to the increase in loan supports provided by us in accordance with the increase in the volume of Korean exports for the first half of 2008.

 

In 2007, we provided total loans of (Won)19,463 billion, an increase of 15.8% from the previous year, while our loan commitments amounted to (Won)22,945 billion, an increase of 16.5% from the previous year. The increase in loan disbursements was attributable mainly to increases in disbursements of overseas investment credits, which increased by 42.2% from the previous year. The increase in disbursements of overseas investment credits was primarily due to the growth of natural resources development projects by Korean firms in 2007.

 

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The following table sets out the total amounts of our outstanding loans, categorized by type of credit:

 

    As of December 31,   As % of
2007 Total
    As of
June 30,
2008
  As % of
June 30,
2008 Total
 
    2005   2006   2007      
    (billions of Won)                

Export Credits(1)

           

Ships

  (Won) 2,069.0   (Won) 3,249.3   (Won) 4,855.3   23.4 %   (Won) 6,165.0   22.8 %

Industrial Plants

    1,850.2     2,205.6     2,784.9   13.4       3,326.0   12.3  

Machinery

    406.9     352.7     398.7   1.9       474.4   1.8  

Foreign Exchange Bought

    637.7     616.0     541.8   2.6       741.2   2.7  

Trade Bill Rediscount

    565.4     776.8     922.2   4.4       1,055.3   3.9  

Others(2)

    2,535.7     2,617.2     3,154.9   15.2       4,092.2   15.1  
                                   

Sub-total

    8,064.9     9,817.6     12,657.8   61.0       15,854.1   58.6  
                                   

Overseas Investment Credits

    2,226.9     3,211.9     4,812.2   23.2       7,365.8   27.2  

Import Credits

    1,194.5     1,300.0     1,550.2   7.5       1,974.2   7.3  

Others(3)

    351.6     342.4     361.0   1.7       371.4   1.4  

Call Loans and Inter-bank Loans in Foreign Currency

    350.9     378.6     1,357.3   6.5       1,475.4   5.5  
                                   

Total

  (Won) 12,188.8   (Won) 15,050.5   (Won) 20,738.5   100.0 %   (Won) 27,040.9   100.0 %
                                   

 

(1)   Includes bills bought.
(2)   Includes interbank export loans, offshore loans, etc.
(3)   Includes domestic usance, loans for debt-equity swap, advances for customers, etc.

Source: Internal accounting records

 

The following table sets out our new loan commitments, categorized by type of credit:

 

New Loan Commitments by Type of Credit

 

     Year Ended December 31,  
     2005    2006    2007    As % of
2007 Total
 
     (billions of Won)       

Export Credits(1)

           

Ships

   (Won) 3,051.6    (Won) 2,643.2    (Won) 2,618.2    11.4 %

Industrial Plants

     1,764.1      1,327.6      1,932.4    8.4  

Machinery

     625.0      918.7      1,076.0    4.7  

Foreign Exchange Bought

     2,156.0      2,417.0      3,675.1    16.0  

Trade Bill Rediscount

     1,844.1      2,487.6      3,006.4    13.1  

Others(2)

     4,256.5      4,983.4      4,060.1    17.7  
                           

Sub-total

     13,697.3      14,777.5      16,368.2    71.3  
                           

Overseas Investment Credits

     1,937.8      2,410.0      3,767.2    16.4  

Import Credits

     1,548.3      2,511.4      2,809.9    12.2  
                           

Total

   (Won) 17,183.4    (Won) 19,698.9    (Won) 22,945.3    100.0 %
                           

 

(1)   Includes bills bought.
(2)   Includes interbank export loans, offshore loans, etc.

Source: Internal accounting records

 

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Export Credits

 

We offer export credits to either domestic suppliers or foreign buyers to finance export transactions.

 

Export Credits to domestic suppliers include:

 

   

export loans to Korean exporters that export capital goods such as ships, industrial plants and machinery;

 

   

pre-shipment credit to Korean exporters or manufacturers producing export products;

 

   

technical service credit to Korean companies that export technical services abroad, including overseas construction projects;

 

   

short-term trade financing to Korean exporters that manufacture export goods under short-term export contracts;

 

   

small business export credit to small and medium-sized enterprises that manufacture export goods or supply materials needed by their primary exporters;

 

   

rediscount on trade bills to domestic commercial banks for exporters;

 

   

forfeiting to Korean exporters by discounting trade bills under the usance line of credit from export transactions on a non-recourse basis; and

 

   

export factoring to Korean exporters by discounting trade receivables that occurs from open account export transactions on credit on a non-recourse basis.

 

Export credits to foreign buyers include:

 

   

direct loans to foreign buyers that purchase Korean goods and services;

 

   

project finance to foreign companies that intend to import industrial plants, facilities and technical services from Korea for large-scale projects, of which the cash flows from such projects are the main source for repayment;

 

   

structured finance to foreign shipping companies that purchase ships from Korean shipyards, of which the repayment usually depends on the cash flows generated by the operation of ships; and

 

   

interbank export loans to creditworthy banks in foreign countries to help foreign buyers obtain credit for the purchase of goods and services of Korean origin.

 

As of June 30, 2008, export credits in the amount of (Won)15,854.1 billion represented 58.6% of our total outstanding loans. Our disbursements of export credits amounted to (Won)8,950.9 billion in the first half of 2008, an increase of 12.5% over the same period of 2007, which was mainly due to an increase in demand for loan financing from both domestic exporters and foreign importers.

 

As of December 31, 2007, export credits in the amount of (Won)12,657.8 billion represented 61.0% of our total outstanding loans. Our new commitments for export credits in 2007 amounted to (Won)16,368.2 billion, an increase of 10.8% from (Won)14,777.5 billion in 2006. This increase in new commitments for export credits was due to an increase in demand for loan financing from both domestic exporters and foreign importers.

 

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We offer export credits to Korean manufacturers and exporters in order to provide them with the funds required for the construction and export of Korean capital goods and technical services designated in our operating manual. Capital goods eligible for export credit financings currently include ships, industrial plants, industrial machinery and overseas construction projects. With respect to eligible items supported by our export credits, ships have traditionally had the largest share of our export credit operations. In September 1998, the Government amended the KEXIM Act to expand the types of goods eligible for our export credits to include non-capital goods.

 

We offer export loans and technical service credits to domestic suppliers at fixed (no less than the Commercial Interest Reference Rate) or floating rates of interest with maturities of up to twelve years for ships and maturities of varying terms, from two to fifteen years, for financings of other eligible items. We typically require a minimum down payment of 20% of the contract amount for ship export financings and a minimum down payment of 15% for financings of other eligible items. When the credit rating of a prospective borrower does not meet our internal rating criteria, these export credits are secured by promissory notes issued in connection with the relevant transaction, or letters of guarantees or letters of credit issued or confirmed by a creditworthy international bank or the importer’s government or central bank. Other terms and conditions under such export credit facilities must be in accordance with the Arrangement on Guidelines for Officially Supported Export Credits by the Organization for Economic Cooperation and Development. We offer direct loans to foreign buyers, project finance to project companies and structured finance for ships to foreign shipping companies under similar terms and conditions as export credit financings to domestic suppliers. We offer interbank export loans to overseas banks to facilitate imports by foreign importers of Korean manufactured goods. Interbank export loans are offered at fixed or floating rates of interest with maturities of up to ten years.

 

Overseas Investment Credits

 

We extend overseas investment credits to either Korean companies or foreign companies in which a Korean company has an equity share, to finance investments in eligible overseas businesses and projects. Such financing programs include:

 

   

overseas investment credit to Korean companies that invest abroad in the form of capital subscription, acquisition of stocks and long-term credit;

 

   

overseas project credit to Korean companies or their overseas subsidiaries engaging in businesses outside Korea;

 

   

major resources development credit to Korean companies for development of natural resources and acquisition of mining rights abroad; and

 

   

overseas business credit to foreign companies in which Korean companies have an equity stake, in the form of funds for purchasing equipment or working capital.

 

As of June 30, 2008, overseas investment credits amounted to (Won)7,365.8 billion, representing 27.2% of our total outstanding loans. Our disbursements of overseas investment credits in the first half of 2008 increased by 152.9% to (Won)2,641.1 billion over the same period of 2007, primarily due to an increase in natural resources development projects undertaken by Korean companies in the first half of 2008.

 

As of December 31, 2007, overseas investment credits amounted to (Won)4,812.2 billion, representing 23.2% of our total outstanding loans. Our disbursements and commitments of overseas investment credits in 2007 increased by 42.2% to (Won)2,976.3 billion and by 56.3% to (Won)3,767.2 billion,

 

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respectively, over the previous year. Most of the overseas investment credits were loans to foreign companies in which a Korean company has an equity share.

 

Proposals for overseas investment credits to finance the acquisition of important materials or the development of natural resources for the Korean economy, as determined by the Government, are given priority, together with projects that promote the export of Korean goods and services. As a result, projects financed by our overseas investment credit program have been mainly in the fields of manufacturing or development of natural resources.

 

We offer overseas investment credits at either fixed or floating rates of interest with maturities up to 25 years (with a maximum five-year grace period on repayment). Such facilities may require security in the form of a bank guarantee, pledge or mortgage on the borrower’s local assets. Depending upon the size of the borrower, we will provide up to 100% of the financing required for the overseas investment project.

 

Import Credits

 

We offer import credits to Korean companies that directly import essential materials, natural resources and high-technology materials whose stable and timely supply is required for the national economy, or to Korean companies that import such items after developing them overseas. Import credits are extended for importation of eligible items, including nuclear fuels, aircraft, mineral ores, crude oil, lumber, wood pulp, grains, cotton, sugar, and equipment and machinery for research and development, and for use in advanced technological industries.

 

As of June 30, 2008, import credits in the amount of (Won)1,974.2 billion represented 7.3% of our total outstanding loans. Our disbursements of import credits amounted to (Won)1,945.4 billion in the first half of 2008, an increase of 30.7% over the same period of 2007, which was mainly due to an increase in demand for financing for raw materials used for export and domestic consumption.

 

As of December 31, 2007, import credits in the amount of (Won)1,550.2 billion represented 7.5% of our total outstanding loans. Disbursements and new commitments of import credits amounted to (Won)2,807.7 billion and (Won)2,809.9 billion, respectively, in 2007, an increase of 12.9% and 11.8%, respectively, over the previous year, which was mainly due to the increased demand in financing for raw materials used for export and domestic consumption.

 

We offer import credits at either fixed or floating rates of interest with maturities up to ten years for equipment and machinery and shorter maturities of up to two years for other items, which may require security in the form of a bank guarantee, pledge or mortgage on the borrower’s local assets. Depending upon the size of the borrower, we will provide up to 90% of the import contract amount.

 

Guarantee Operations

 

We provide guarantees in favor of Korean commercial banks and foreign banks or foreign importers in respect of the obligations of Korean exporters in order to facilitate export and import financings. Such guarantee programs for Korean exporters and importers include (1) financial guarantees to co-financing banks that provide loans for transactions that satisfy our eligibility requirements and (2) project-related guarantees to foreign importers for the performance of Korean exporters on eligible projects in the form of bid bonds, advance payment bonds, performance bonds and retention bonds. Guarantee commitments as of June 30, 2008 increased to (Won)75,782.4 billion from (Won)62,789.2 billion as of December 31, 2007. Guarantees we had confirmed as of June 30, 2008 increased to (Won)39,490.7 billion from (Won)32,004.4 billion as of December 31, 2007.

 

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We mainly issue project-related guarantees, which include:

 

   

advanced payment guarantees that are issued to overseas importers of Korean goods and services to support obligations to refund down payments made to Korean exporters in the event of a failure to deliver the goods to be exported; and

 

   

performance guarantees that are issued to foreign importers to support the performance by Korean exporters of their contractual obligations.

 

In the first half of 2008, we issued project related confirmed guarantees in the amount of (Won)14,040.3 billion, an increase of 44.2% over the same period of 2007, which was mainly due to increased demand for advance payment guarantees arising from the increasingly active shipbuilding sector.

 

In 2007, we issued project related confirmed guarantees in the amount of (Won)20,520.2 billion, an increase of 47.2% over the previous year, which was mainly due to an increased need for advance payment guarantees arising from the increasingly active shipbuilding sector.

 

We also issue letters of credit to foreign exporters to assist in the financing of projects approved in connection with import credit loans, and to Korean exporters to assist in the financing of projects approved in connection with export credit loans.

 

For further information regarding our guarantee and letter of credit operations, see “Notes to Non-Consolidated Financial Statements of June 30, 2008—Note 11” and “Notes to Non-Consolidated Financial Statements of December 31, 2007 and 2006—Note 11”.

 

Government Account Operations

 

Economic Development Cooperation Fund

 

In 1987, the Government established the Economic Development Cooperation Fund (the “EDCF”) to provide loans, at concessional interest rates, to governments or agencies of developing countries for projects that contribute to industrial development or economic stabilization of such countries. We administer the EDCF on behalf of the Government and are responsible for project appraisal, documentation and administrative work relating to the EDCF Loans. The EDCF business accounts are maintained separately from our own account on behalf of the Government, and we derive no separate income or expenditures from our operation of the EDCF business. Government contributions constitute the primary funding source of the EDCF. Loan disbursements by the EDCF in 2007 amounted to (Won)155.3 billion for 39 projects in 20 countries, an increase of 14.1% from the previous year. As of December 31, 2007, the total outstanding loans extended by the EDCF was (Won)1,554.1 billion, an increase of 9.1% from the previous year.

 

Inter-Korea Cooperation Fund

 

In 1991, the Government established the Inter-Korea Cooperation Fund (the “IKCF”) to promote mutual exchanges and cooperation between the Republic and North Korea by engaging in funding and financing activities to support family reunions, cultural events, academic seminars, trade and economic cooperation between the two countries. We administer the IKCF under the initiative and policy coordination of the Ministry of Unification. The IKCF accounts are maintained separately from our own account. Government contributions are the major funding source of the IKCF. The IKCF disbursements during 2007 amounted to (Won)715.7 billion for 217 projects, and cumulative total disbursements as of December 31, 2007 were (Won)5,179.2 billion, an increase of 16% from (Won)4,463.5 billion as of 2006.

 

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Other Operations

 

We engage in various other activities related to our financing activities.

 

Activities in which we currently engage include:

 

   

country information services performed by the Overseas Economic Research Institute, which conducts country studies and country risk evaluation to assist in the efficient utilization of our financial resources;

 

   

export credit advisory services, which are aimed at bringing about a larger share of overseas bidding by giving Korean exporters a wide range of knowledge on the country, industry, market and financial situation of the importing country in the early stage of the tendering process or contract negotiations;

 

   

consulting services by in-house professionals including lawyers, accountants and regional experts who consult on international transactions; and

 

   

management of Korea’s foreign direct investment database.

 

Description of Assets and Liabilities

 

Except where expressly indicated otherwise, loans in Won and loans in foreign currencies are collectively referred to as the “Loans”. Bills bought, foreign exchange bought and advances for customers are collectively referred to as the “Other Loans”. Loans and Other Loans are collectively referred to as the “Loan Credits”. Confirmed guarantees and acceptances are collectively referred to as the “Guarantees”. Loan Credits and Guarantees are collectively referred to as the “Credit Exposure”.

 

Total Credit Exposure

 

We extend credits to support export and import transactions, overseas investment projects and other relevant products in various forms including loans and guarantees.

 

The following table sets out our Credit Exposure as of December 31, 2005, 2006 and 2007 and as of June 30, 2008, categorized by type of exposure extended:

 

         As of December 31,     As of June 30,
2008
 
         2005     2006     2007    
         (billions of Won, except for percentages)  

A

  

Loans in Won

  (Won) 2,479     7.8 %   (Won) 3,084     8.4 %   (Won) 3,771     7.2 %   (Won) 4,814     7.3 %

B

  

Loans in Foreign Currencies

    8,554     27.0       10,855     29.6       14,986     28.8       19,935     30.3  

C

  

Loans (A+B)

    11,034     34.8       13,939     38.0       18,757     36.0       24,749     37.6  

D

  

Other Loans

    804     2.5       733     2.0       625     1.2       817     1.2  

E

  

Call Loans and Inter-bank Loans in Foreign Currency

    351     1.1       379     1.0       1,357     2.6       1,475     2.2  

F

  

Loan Credits (C+D+E)

    12,189     38.4       15,051     41.0       20,739     39.8       27,041     41.1  

G

  

Allowances for Possible Loan Losses

    (518 )   (1.6 )     (601 )   (1.6 )     (654 )   (1.3 )     (691 )   (1.0 )

H

  

Present Value Discount (PVD)

    (52 )   (0.2 )     (43 )   (0.1 )     (38 )   (0.1 )     (40 )   (0.1 )

I

  

Loan Credits including PVD (F-G-H)

    11,619     36.6       14,407     39.3       20,047     38.5       26,311     40.0  

J

  

Guarantees

    20,116     63.4       22,314     60.7       32,004     61.5       39,491     60.0  

K

  

Credit Exposure (I+J)

    31,735     100.0       36,721     100.0       52,051     100.0       65,801     100.0  

 

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Loan Credits by Geographic Area

 

The following table sets out the total amount of our outstanding Loan Credits (excluding call loans and inter-bank loans in foreign currency) as of December 31, 2005, 2006 and 2007 and as of June 30, 2008, categorized by geographic area(1):

 

     As of December 31(1)(2),    As % of
2007 Total
    As of
June 30,
2008
   As % of
June 30,
2008 Total
 
     2005    2006    2007        
     (billions of Won)          (billions of Won)       

Asia

   (Won) 5,194    (Won) 5,802    (Won) 7,349    37.9 %   (Won) 10,001.2    39.1 %

Europe

     2,466      3,830      5,916    30.5       7,136.7    27.9  

Middle East

     1,708      2,020      3,099    16.0       4,560.0    17.8  

Central and South America

     748      825      599    3.1       780.0    3.1  

North America

     1,586      1,876      2,166    11.2       2,733.5    10.7  

Africa

     10      108      32    0.2       229.2    0.9  

Others

     126      211      220    1.1       124.9    0.5  
                                        

Total

   (Won) 11,838    (Won) 14,672    (Won) 19,381    100.0 %   (Won) 25,565.5    100.0 %
                                        

 

(1)   For purposes of this table, export credits have been allocated to the geographic areas in which the foreign buyers of Korean exports are located; overseas investment credits have been allocated to the geographic areas in which the overseas investments being financed are located; and import credits have been allocated to the geographic areas in which the sellers of the imported goods are located.
(2)   Excludes call loans, inter-bank loans in foreign currency, and loan value adjustments.

Source: Internal accounting records.

 

We engage in business related to Iran, including transactions involving as counterparties Iranian banks that may be indirectly owned or controlled by the Iranian government. The U.S. State Department has designated Iran as a state sponsor of terrorism, and U.S. law generally prohibits U.S. persons from doing business in Iran. We are a Korean bank and our activities with respect to Iran have not involved any U.S. person in either a managerial or operational role and have been subject to policies and procedures designed to ensure compliance with applicable Korean laws and regulations.

 

Our business related to Iran consists solely of extensions of credit and financing provided in connection with exports of South Korean goods and services to Iran and our disbursements of Iran-related credits are made directly to Korean suppliers or exporters except certain credits made to Iranian banks. Such activities have involved export-related credits to finance the export contracts of Korean exporters supplying goods and services to Iranian companies, credit line extensions to Iranian banks to finance consumer products exports by Korean exporters, extensions of credit through non-recourse discounting of export trade bills, and purchases of promissory notes securing export transactions. Our Loans to Iran represented 6.0%, 5.8%, 4.1% and 3.4% of our total assets as of December 31, 2005, December 31, 2006, December 31, 2007 and June 30, 2008, respectively, and also represented 7.4%, 6.7%, 4.7% and 4.0% of our Loan Credits, respectively, as of the above dates. Our Loans to Iran, categorized by country that has the final redemption risk of loans, represented 4.9% and 4.7% of our total assets and 5.6% and 5.6% of our Loan Credits as of December 31, 2007 and June 30, 2008, respectively. Our total revenues from transactions with Iran in 2005, 2006, 2007 and the six months ended June 30, 2008 represented 4.8%, 5.4%, 3.6% and 2.3% of our total revenues, respectively, in those periods.

 

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We are aware, through press reports and other means, of initiatives by governmental entities in the U.S. and by U.S. institutions such as universities and pension funds, to adopt laws, regulations or policies prohibiting transactions with or investment in, or requiring divestment from, entities doing business with Iran. It is possible that such initiatives may result in our being unable to gain or retain entities subject to such prohibitions as customers or as investors in our debt securities. In addition, our reputation may suffer due to our association with Iran. Such a result could have significant adverse effects on our business or the price of our debt securities.

 

Individual Exposure

 

The KEXIM Decree imposes limits on our aggregate credits extended to a single person or business group. As of the date hereof, we are in compliance with such requirements.

 

As of June 30, 2008, our largest Credit Exposure was to Hyundai Heavy Industries Group companies in the amount of (Won)12,524 billion. As of June 30, 2008, our second largest and third largest Credit Exposures respectively were to Samsung Group companies in the amount of (Won)9,906 billion and to Daewoo Shipbuilding & Marine Engineering in the amount of (Won)7,132 billion.

 

The following table sets out our five largest Credit Exposures as of June 30, 2008(1):

 

Rank

  

Name of Borrower

   Loans    Guarantees    Total
          (billions of Won)

1

  

Hyundai Heavy Industries

   (Won) 27.7    (Won) 12,496.5    (Won) 12,524.2

2

  

Samsung

     152.1      9,753.5      9,905.6

3

  

Daewoo Shipbuilding & Marine Engineering

     15.0      7,117.3      7,132.3

4

  

Hyundai Motor Co.

     1,284.3      708.2      1,992.5

5

  

Doosan

     1,460.0      491.2      1,951.2

 

(1)   Includes loans and guarantees extended to affiliates.

 

Asset Quality

 

The Supervisory Regulation of Banking Business (“Supervisory Regulation”) legislated by the Financial Services Commission requires banks, including us, to analyze and classify their credits into one of five categories as normal, precautionary, substandard, doubtful or estimated loss by taking into account borrowers’ repayment capacity as well as a number of other factors including the financial position, profitability, transaction history of the relevant borrower and the value of any collateral or guarantee taken as security for the extension of credit. Categorizations are applied to all loans except call loans and interbank loans, which are classified as normal. The Supervisory Regulation also requires banks, including us, to provide the minimum rate of loan loss provision for each category. Credit categorizations and minimum reserve ratios are as follows:

 

Normal

   Credits extended to customers which, in consideration of their business and operations, financial conditions and future cash flows, do not raise concerns regarding their ability to repay the credits. 0.85% or more reserves required (for companies in certain industries 0.9% or more).

 

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Precautionary

   Credits extended to customers (1) which, in consideration of their business and operations, financial conditions and future cash flows, are judged to have potential risks with respect to their ability to repay the credits in the future, although there have not occurred any immediate risks of default in repayment; or (2) which are in arrears for one month or more but less than three months. 7.0% or more reserves required.

Substandard

   (1) Credits extended to customers, which in consideration of their business and operations, financial conditions and future cash flows, are judged to have incurred considerable risks for default in repayment as the customers’ ability to repay has deteriorated; or (2) that portion which is expected to be collected of total credits (a) extended to customers which have been in arrears for three months or more, (b) extended to customers which are judged to have incurred serious risks due to the occurrence of final refusal to pay their promissory notes, liquidation or bankruptcy proceedings, or closure of their businesses or (c) of “Doubtful Customers” or “Estimated-loss Customers” (each as defined below). 20% or more reserves required.

Doubtful

   That portion of credits in excess of the amount expected to be collected of total credits extended to (1) customers (“Doubtful Customers”) which, in consideration of their business and operations, financial conditions and future cash flows, are judged to have incurred serious risks of default in repayment due to noticeable deterioration in their ability to repay; or (2) customers which have been in arrears for three months or more but less than twelve months. 50% or more reserves required.

Estimated Loss

   That portion of credits in excess of the amount expected to be collected of total credits extended to (1) customers (“Estimated-loss Customers”), which, in consideration of their business and operations, financial conditions and future cash flows, are judged to have to be accounted as a loss as the inability to repay became certain due to serious deterioration in their ability to repay; (2) customers which have been in arrears for twelve months or more; or (3) customers which are judged to have incurred serious risks of default in repayment due to the occurrence of final refusal to pay their promissory notes, liquidation or bankruptcy proceedings, or closure of their businesses. 100% reserves required.

 

In November 2004, the Financial Services Commission announced loan loss provisioning guidelines for banks, which include a requirement that banks take into account “expected loss” based on their own “historical loss” with respect to credits in establishing their allowance for loan losses, instead of establishing such allowances based on the classification of credits under the current asset classification criteria.

 

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Based on the guidelines, we established new loan loss provisioning levels taking into account a borrower’s industry risk, individual credit risk and financial risk based on our system for evaluating “expected loss”. In 2005, we also modified our loan loss provisioning methodology with respect to normal loans. Loans classified as normal were categorized either as domestic loans or overseas loans. Domestic loans were further subdivided into small and medium-sized business loans and big enterprise loans. Our loan loss provisioning level for domestic loans was established based on a basic loan loss provisioning rate and default risk level according to the term of such loan (i.e., the year of maturity). The basic loan loss provisioning rate for small and medium-sized business loans was calculated based on our system for evaluating “historical loss”. With respect to the basic loan loss provisioning rate for big enterprise loans, we did not have enough statistical data for historical loan losses with respect to such loans so we applied an average rate of other Korean banks’ provisioning levels for normal loans. Our loan loss allowance for overseas normal loans was calculated based on sovereign credit ratings and on whether a borrower was a public or private enterprise. In addition, we changed our reserve policies for confirmed acceptances and guarantees pursuant to the amended Supervisory Regulation of Banking Business. We have also established reserves for unconfirmed acceptances and guarantees as well as commitments since January 1, 2005. For more detailed information on modifications with respect to loan loss provisioning, see “Notes to Non-Consolidated Financial Statements of December 31, 2007 and 2006—Note 2”.

 

Asset Classifications

 

The following table provides information on our loan loss reserves:

 

    As of December 31, 2006   As of December 31, 2007   As of June 30, 2008
    Loan
Amount
(1)
  Minimum
Reserve
Ratio
    Loan
Loss
Reserve
(2)
  Loan
Amount
(1)
  Minimum
Reserve
Ratio
    Loan
Loss
Reserve
(2)
  Loan
Amount
(1)
  Minimum
Reserve
Ratio
    Loan
Loss
Reserve(2)
    (in billions of Won, except percentages)

Normal

  (Won) 59,787.3   0.7 %   (Won) 730.9   (Won) 81,794.2   0.85 %(3)   (Won) 875.7   (Won) 100,497.7   0.85 %(3)   (Won) 889.0

Precautionary

    542.9   7.0 %     126.1     302.6   7.0 %     67.2     748.1   7.0 %     93.1

Sub-standard

    14.9   20.0 %     6.5     42.5   20.0 %     18.5     47.3   20.0 %     20.7

Doubtful

    21.5   50.0 %     20.3     6.4   50.0 %     6.1     22.2   50.0 %     21.0

Estimated Loss

    13.1   100.0 %     13.1     24.8   100.0 %     24.9     32.6   100.0 %     32.6
                                         

Total

  (Won) 60,379.7     (Won) 896.9   (Won) 82,170.5     (Won) 992.4   (Won) 101,347.9     (Won) 1,056.4
                                         

 

(1)   These figures include loans (excluding interbank loans and call loans), domestic usance, bills bought, foreign exchange bought, advances for customers, confirmed and unconfirmed acceptances and guarantees.
(2)   These figures include present value discount.
(3)   0.9% for companies in certain industries.

 

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Reserves for Credit Losses

 

Non-performing assets (“NPA”) are (i) assets classified as doubtful and estimated loss, (ii) assets in delinquency of repayments of principal or interest more than three months, or (iii) assets exempted from interest payments due to restructuring or rescheduling.

 

The following table sets out our 10 largest non-performing assets as of June 30, 2008.

 

Borrower

   Loans    Guarantees    Total
     (billions of Won)

PANTECH Co., Ltd.

   (Won) 18.3    —      (Won) 18.3

Woo Young Co., Ltd.

     12.0    —        12.0

Daewoo Electronics Corp.

     4.6    —        4.6

Banco Santos S.A.

     4.4    —        4.4

Neo Steel Co., Ltd.

     4.2    —        4.2

I-Texfil Ltd.

     3.8    —        3.8

PANTECH & Curitel Communications, Inc.

     3.4    —        3.4

E-Rae Electronics Industry Co., Ltd.

     2.3    —        2.3

Pioneer (Cayman) Co., Ltd.

     2.2    —        2.2

KSP Co., Ltd.

     2.1    —        2.1
                  

Total

   (Won) 57.3    —      (Won) 57.3
                  

 

In the early 1990’s, at the direction of the Government, we extended a commodity loan in the aggregate amount of US$466 million to Vnesheconombank, the Bank for Foreign Economic Affairs of the former Soviet Union, which was guaranteed by the government of the former Soviet Union, as part of the Government’s policy to enhance economic cooperation between the two countries. Since the dissolution of the Soviet Union, the Government has been negotiating repayment terms with the government of the Russian Federation, which has agreed to assume the guarantee of the former Soviet Union in respect of the obligations of Vnesheconombank under such loan. In 1995, the two governments came to an agreement on a repayment schedule in respect of approximately half of the loan. Since the agreement was made, US$229 million of the principal was repaid.

 

In June 2003, the two governments reached an agreement as to the rescheduling of the remaining portion of the loan and the change of the borrower from Vnesheconombank to the government of the Russian Federation. As a result, in September 2003, we upgraded the classification of the outstanding (Won)258 billion (including accrued and unpaid interest) of our exposure to the government of the Russian Federation from estimated loss to doubtful in terms of asset quality and established a 70% provisioning level for that credit exposure. In June 2004, we further upgraded the classification of our exposure to the government of the Russian Federation from doubtful to precautionary in terms of asset quality, following the continued repayment of the loan by the government of the Russian Federation in accordance with the agreed payment schedule. As of December 31, 2007, our exposure to the government of the Russian Federation amounted to (Won)178.8 billion and we established a 7.0% provisioning level for that credit exposure.

 

We cannot provide any assurance that our current level of exposure to non-performing assets will continue in the future or that any of its borrowers (including its largest borrowers as described above) is not currently facing, or in the future will not face, material financial difficulties.

 

As of June 30, 2008, the amount of our non-performing assets was (Won)84 billion, an increase of 48.9% from (Won)57 billion as of December 31, 2007. As of June 30, 2008, our non-performing asset ratio was 0.13%, compared to 0.11% as of December 31, 2007.

 

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The following table sets forth our reserves for possible credit losses as of December 31, 2006 and 2007 and as of June 30, 2008:

 

     As of December 31,     As of
June 30, 2008
 
     2006     2007    
     (billions of Won, except for percentages)  

Loan Loss Reserve (A)

   (Won) 896.9     (Won) 992.4     (Won) 1,056.5  

NPA (B)(1)

     43.8       56.6       84.3  

Total Equity (C)

     4,759.9       4,935.5       5,053.2  

Reserve to NPA (A/B)

     2,047.7 %     1,753.4 %     1,253.3 %

Equity at Risk (B-A)/C

     —         —         —    

 

(1)   Non-performing assets, which are defined as (a) assets classified as doubtful and estimated loss, (b) assets in delinquency of repayments of principles or interests more than 3 months or (c) assets exempted from interest payments due to restructuring or rescheduling.

Source: Internal accounting records.

 

The following table sets forth our actual loan loss reserve ratios under the Financial Services Commission guidelines as of December 31, 2006 and 2007 and as of June 30, 2008:

 

Classification of Loans

  Financial Services
Commission Guidelines
  Actual Reserve Coverage
(as of December 31, 2006)
    Actual Reserve Coverage
(as of December 31, 2007)
    Actual Reserve Coverage
(as of June 30, 2008)
 

Normal

  More than 0.85%(1)   3.4 %   3.0 %   2.3 %

Precautionary

  More than 7.0%   23.3 %   22.8 %   22.8 %

Substandard

  More than 20.0%   43.5 %   43.6 %   43.6 %

Doubtful

  More than 50.0%   94.7 %   94.7 %   94.7 %

Estimated Loss

  100%   100.0 %   100.0 %   100.0 %

 

(1)   Effective December 31, 2007, the Financial Services Commission increased the minimum rate of loan loss provision for normal from 0.7% to 0.85% (0.9% for companies in certain industries).

 

Investments

 

Under the KEXIM Decree, we are not allowed to hold stocks or securities of more than three years’ maturity in excess of 60% of our equity capital. However, investment in the following securities is not subject to this restriction:

 

   

Government bonds;

 

   

BOK currency stabilization bonds;

 

   

securities acquired via Government investment; and

 

   

securities acquired through investment approved by the Government, for research related to our operations or our financing.

 

As of June 30, 2008, our total investment in securities amounted to (Won)2,482.3 billion, representing 8.1% of our total assets. Our securities portfolio consists primarily of available-for-sale securities. Available-for-sale securities mainly comprise equity securities in Korea Exchange Bank and Industrial Bank of Korea which were recapitalized by the Government through us and equity securities in Korea Expressway Corporation which were in-kind contributions made by the Government to us. In October

 

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2005, we sold 32,000,000 shares of common stock, which represented 79.0% of our holding of common stock in Industrial Bank of Korea, for (Won)420.6 billion. In May 2006, we sold 49,134,208 shares of common stock, which represented 54.9% of our holding of common stock in Korea Exchange Bank, for (Won)417.0 billion. In 2007, we sold 2,376,495 shares of common stock, which represented 18.4% of our holding of common stock and 469,932 shares of preferred stock which represented 59.7% of our holding of preferred stock in SK Networks, for (Won)1,031.4 billion.

 

The following table sets out the composition of our securities as of December 31, 2007 and June 30, 2008:

 

     As of December 31, 2007     As of June 30, 2008  

Type of Investment Securities

   Amount    %     Amount    %  
     (billions of Won)          (billions of Won)       

Available-for-sale Securities

   (Won) 2,441.8    96.3 %   (Won) 2,377.9    95.8 %

Securities held-to-maturity

     —      —         —      —    

Investments in Associates

     93.0    3.7 %     104.4    4.2 %
                          

Total

   (Won) 2,534.8    100.0 %   (Won) 2,482.3    100.0 %
                          

 

For further information relating to the classification guidelines and methods of valuation for unrealized gains and losses on our securities, see “Notes to Non-Consolidated Financial Statements of June 30, 2008—Note 2” and “Notes to Non-Consolidated Financial Statements of December 31, 2007 and 2006—Note 2”.

 

Guarantees and Acceptances and Contingent Liabilities

 

We have credit risk factors that are not reflected on the balance sheet, which include risks associated with guarantees and acceptances. Guarantees and acceptances do not appear on the balance sheet, but rather are recorded as an off-balance sheet item in the notes to the financial statements. Guarantees and acceptances include financial guarantees, project related guarantees, such as bid bond, advance payment bond, performance bond or retention bond, and acceptances and advances relating to trade financings such as letters of credit or import freight. Contingent liabilities, for which the guaranteed amounts were not finalized, appear as unconfirmed guarantees and acceptance items in the notes to the financial statements as off-balance sheet items.

 

As of June 30, 2008, we had issued a total amount of (Won)39,490.7 billion in confirmed guarantees and acceptances, of which (Won)39,339.6 billion, representing 99.6% of the total amount, was classified as normal and (Won)151.1 billion, representing 0.4% of the total amount, was classified as precautionary or estimated loss.

 

Derivatives

 

The objective in our strategy and policies on derivatives is to actively manage and minimize our foreign exchange and interest rate risks. We do not take proprietary derivative positions. It is our policy to hedge all currency and interest rate risks wherever possible (taking into consideration the cost of hedging). We use various hedging instruments, including foreign exchange forwards and options, interest rate swaps, and cross currency swaps.

 

Under our internal trading rules that have been submitted to the Financial Supervisory Service, our policy is to engage in derivative transactions mainly for hedging our own position. As part of our

 

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total exposure management system, we monitor our exposure to derivatives and may make real-time inquiries, which enables our Risk Management Department to check our exposure on a regular basis. Under the guidelines set by the Financial Supervisory Service, we are required to submit reports on our derivatives exposure to the Financial Supervisory Service on a quarterly basis. As a measure to reduce the risk of intentional manipulation or error, we have separated responsibility for different functions such as initiation, authorization, approval, recording, monitoring and reporting to the Financial Supervisory Service. The Risk Management Department conducts regular reviews of derivative transactions to monitor any breach of compliance with the relevant regulatory requirements.

 

As of June 30, 2008, our outstanding loans made at floating rates of interest totaled approximately (Won)18,166 billion, whereas our outstanding borrowings made at floating rates of interest totaled approximately (Won)13,397 billion, including those raised in Japanese yen, British pounds, Swiss francs, Singapore dollars, Hong Kong dollars, Mexican pesos and Euros and swapped into U.S. dollar floating rate borrowings. As a result, we are exposed to possible interest rate risks to the extent that the amount of our loans made at floating rates of interest exceeds the amount of our borrowings made at floating rates of interest. Foreign exchange risk arises because a majority of our assets and liabilities is denominated in non-Won currencies. In order to match our currency and interest rate structure, we generally enter into swap transactions. As of June 30, 2008, we had entered into 89 currency related derivative contracts with a notional amount of (Won)10,683.5 billion and valuation for BIS capital ratio purposes of (Won)104 billion and had entered into 51 interest rate related derivative contracts with a notional amount of (Won)5,695.4 billion and valuation for BIS capital ratio purposes of (Won)57 billion. See “Notes to Non-Consolidated Financial Statements of June 30, 2008—Note 14”.

 

Sources of Funding

 

We obtain funds primarily through borrowings from the Government or governmental agencies, the issuance of bonds in both domestic and international capital markets, borrowings from domestic and foreign financial institutions, capital contributions and internally generated funds. Internally generated funds result from various activities we carried on and include principal and interest payments on our loans, fees from guarantee operations and other services, and income from marketable securities we hold.

 

We raised a net total of (Won)14,957 billion (new borrowings plus loan repayments by our clients less repayment of our existing debt) during the first half of 2008, an increase of 37.5% from (Won)10,876 billion in the same period of 2007. The total loan repayments, including prepayments by our clients, during the first half of 2008 amounted to (Won)9,255 billion, an increase of 12.2% from (Won)8,251 billion during the same period of 2007.

 

We raised a net total of (Won)20,831 billion (new borrowings plus loan repayments by our clients less repayment of our existing debt) during 2007, a 20.5% increase compared with the previous year’s (Won)17,281 billion. The total loan repayments, including prepayments by our clients, during 2007 amounted to (Won)15,818 billion, an increase of 17.9% from (Won)13,422 billion during 2006.

 

Since our establishment, borrowings from the Government have provided a substantial portion of our financial resources. As of December 31, 2003, the outstanding amount of our borrowings from the Government was (Won)1,188 billion, which consisted of (Won)110 billion in Won and (Won)1,078 billion in foreign currencies. In 2004, we repaid all of the amounts borrowed from the Government and as of December 31, 2005, 2006 and 2007 and as of June 30, 2008, we had no outstanding borrowings from

 

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the Government. Instead, we issued Won-denominated domestic bonds in the aggregate amount of (Won)500 billion, (Won)680 billion and (Won)1.450 billion during 2005, 2006 and 2007, respectively. We issued Won-denominated domestic bonds in the aggregate amount of (Won)1,450 billion during the first half of 2008.

 

We have diversified our funding sources by borrowing from various overseas sources and issuing long-term floating-rate notes and fixed-rate debentures in the international capital markets. These issues were in foreign currencies, including Dollars, Japanese Yen, Euro, Hong Kong Dollar, Singapore Dollar, Swiss franc, Brazilian Real, New Turkish Lira and Mexican peso and have original maturities ranging from one to ten years.

 

During the first half of 2008, we issued eurobonds in the aggregate principal amount of US$1,322.7 million in various types of currencies under our existing Euro medium term notes program (the “EMTN Program”), a 18.9% decrease from US$1,630.5 million in the same period of 2007. These bond issues consisted of offerings of US$476 million, CHF 350 million, GBP20 million, HK$2,001 million, Singapore$70 million, and JPY16,000 million. In addition, we issued global bonds during the first half 2008 in the aggregate amount of Mexican Peso 2,300 million and EUR 750 million under our U.S. shelf registration statement (the “U.S. Shelf Program”) compared with US$300 million and Euro 750 million in the same period of 2007. We also issued Malaysian Ringgit 1,000 million of bonds under our Islamic medium term notes program. As of June 30, 2008, the outstanding amounts of our notes and debentures were US$8,296 million, JPY 51,000 million, CHF 700 million, Euro 2,125 million, British Pound 20 million, Singapore $425 million, HK$4,301 million, New Turkish Lira 1,995 million, Mexican Peso 3,300 million, Malaysian Ringgit 1,000 million and Brazilian Real 2,065 million.

 

During 2007, we issued eurobonds in the aggregate principal amount of US$5,351 million in various types of currencies under the EMTN Program, a 118% increase compared with the previous year’s US$2,457 million. These bond issues consisted of offerings of US$705 million, HK$3,980 million, Singapore $305 million, Swiss franc 350 million, New Turkish Lira 2,899 million and Brazilian Real 2,589 million. In addition, we issued global bonds during 2007 in the aggregate amount of US$1,800 million, Euro 750 million and Peso 1,000 million under the U.S. Shelf Program, a 93% increase compared with the previous year’s US$1,784 million. As of December 31, 2007, the outstanding amounts of such notes and debentures were US$8,120 million, Euro 1,375 million, Singapore $355 million, HK$4,330 million, Brazilian Real 2,788 million, Swiss franc 350 million, Japanese Yen 35,000 million, New Turkish Lira 1,995 million and Mexican Peso 1,000 million.

 

We also borrow from foreign financial institutions in the form of loans that are principally made by syndicates of commercial banks at floating or fixed interest rates and in foreign currencies, with original maturities ranging from one to ten years. As of June 30, 2008, the outstanding amount of such borrowings from foreign financial institutions was US$100 million, unchanged from December 31, 2007.

 

Our paid-in capital has increased from time to time since our establishment. From April 1997 to December 2007, the Government contributed (Won)2,623 billion to our capital. As of June 30, 2008 and December 31, 2007, our total paid-in capital amounted to (Won)3,309 billion, and the Government, The Bank of Korea and the Korea Development Bank owned 60.2%, 35.3% and 4.6%, respectively, of our paid-in capital.

 

In connection with our fund raising activities, we have from time to time sold third parties promissory notes, including related guarantees, acquired as collateral in connection with export credit financings.

 

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The KEXIM Act provides that the aggregate outstanding principal amount of all of our borrowings, including the total outstanding export-import financing debentures we issued in accordance with the KEXIM Decree, may not exceed an amount equal to thirty times the sum of our paid-in capital plus our reserves. As of June 30, 2008 and December 31, 2007, the aggregate outstanding principal amount of our borrowings (including export-import financing debentures), (Won)23,931.5 billion and (Won)17,412 billion, respectively, was equal to 17.8% and 13.4% of the authorized amount of (Won)134,103.9 billion and (Won)129,533 billion, respectively.

 

We are not permitted to accept demand or time deposits.

 

Each year we must submit to the Government for its approval an operating plan which includes our target levels for different types of funding. The following table is the part of the operating plan dealing with fund-raising for 2008:

 

Sources of Fund

   (billions of Won)

Capital Contribution

   (Won) —  

Borrowings

     9,650

Collection of Loans

     15,574

Repayment of Debts

     5,000
      

Net Collection of Loans

     10,574

Others

     776
      

Total

   (Won) 21,000
      

 

Debt

 

Debt Repayment Schedule

 

The following table sets out the principal repayment schedule for our debt outstanding as of June 30, 2008:

 

Debt Principal Repayment Schedule

 

     Maturing on or before June 30,

Currency(1)

   2009    2010    2011    2012    Thereafter
     (billions of won)

(i)    Won

   (Won) 1,950    (Won) 190    (Won) —      (Won) —      (Won) —  

Foreign

     5,267      1,770      1,729      1,432      7,105
                                  

Total Won Equivalent

   (Won) 7,217    (Won) 1,960    (Won) 1,729    (Won) 1,432    (Won) 7,105
                                  

 

(1)   Borrowings in foreign currency have been translated into Won at the market average exchange rates on June 30, 2008, as announced by the Seoul Money Brokerage Services Ltd.

 

Normally we determine the level of our foreign currency reserves based upon an estimate, at any given time, of aggregate loan disbursements to be made over the next two to three months. Our average foreign currency reserves in 2006, 2007 and the first half of 2008 were approximately US$279 million, US$1,047 million and US$1,059 million, respectively. Although we currently believe that such reserves, together with additional borrowings available under our uncommitted short-term backup credit facilities and commercial paper programs, will be sufficient to repay our outstanding debt as it becomes due, there can be no assurance that we will continue to be able to borrow under such credit facilities, or that the devaluation of the Won will not adversely affect our ability to access funds

 

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sufficient to repay our foreign currency denominated indebtedness in the future. In addition to maintaining sufficient foreign currency reserves, we monitor the maturity profile of our foreign currency assets and liabilities to ensure that there are sufficient maturing assets to meet our liabilities as they become due. As of June 30, 2008, our foreign currency assets maturing within three months exceeded our foreign currency liabilities coming due within the same period by US$1,689 million, and our foreign currency liabilities coming due within six months and one year exceeded our foreign currency assets maturing within such periods by US$599 million and US$330 million, respectively. As of June 30, 2008, our total foreign currency assets exceeded our total foreign currency liabilities by US$128 million.

 

Debt Record

 

We have never defaulted in the payment of principal of, or interest on, any of our obligations.

 

Credit Policies, Credit Approval and Risk Management

 

Credit Policies

 

The Credit Policy Department functions as our centralized policy-making and planning division with respect to our lending activities. The Credit Policy Department formulates and revises our internal regulations on loan programs, sets basic lending guidelines on a country basis and gathers data from our various operating groups and produces various internal and external reports.

 

Credit Approval

 

We have multiple levels of loan approval authority, depending on the loan amount and other factors such as the nature of the credit, the conditions of the transaction, and whether the loan is secured. Our Executive Board of Directors can approve loans of any amount. The Chief Executive Committee, Credit Committee, Loan Officer Committee, Director Generals and Directors (Team Heads) each have authority to approve loans up to a specified amount. The amount differs depending on the type of loan and certain other factors, for example, whether a loan is collateralized or guaranteed.

 

At each level of authority, loan applications are reviewed on the basis of the feasibility of the project from a technical, financial and economic point of view in addition to evaluating the probability of recovery. In conducting such a review, the following factors are considered:

 

   

eligibility of the transaction under our financing criteria;

 

   

country risk of the country of the borrower and the country in which the related project is located;

 

   

credit risk of the borrower;

 

   

a supplier’s ability to perform under the related supply contract;

 

   

legal disputes over the related project and supply contract; and

 

   

availability of collateral.

 

When the credit rating of a prospective borrower does not meet our internal rating criteria, our policy is to ensure that the loans are either guaranteed by leading international banks or governments or made on a partially or fully secured basis. Guarantees are required if the credit rating of a prospective borrower does not meet our internal rating criteria. As of December 31, 2007, approximately 10.6% of our total outstanding loans were guaranteed by banks or governments and made on a partially or fully secured basis.

 

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Risk Management

 

Our overall risk management policy is set by the Risk Management Committee, which meets on a quarterly basis and from time to time to establish tolerance limits for various exposures, whereas the overall risk management is overseen by the Risk Management Department, which is responsible for monitoring risk exposure.

 

The Risk Management Department reports our loan portfolio to the Financial Supervisory Service on a quarterly basis. The Risk Management Department also monitors our operating groups’ compliance with internal guidelines and procedures. To manage liquidity risk, we review the strategy for the sources and uses of funds, with each division submitting projected sources and uses to the Treasury Department. The Risk Management Department and the Treasury Department continually monitor our overall liquidity and the Treasury Department prepares both weekly and monthly cashflow forecasts. Our policy is to maintain a liquidity level, which can cover loan disbursements for a period of two to three months going forward. We protect ourselves from potential liquidity squeezes by maintaining sufficient amount of liquid assets with additional back-up of short-term credit lines.

 

Our core lending activities expose us to market risk, mostly in the form of interest rate and foreign currency risks. The Risk Management Department reports six-month projections of our interest rate and foreign exchange gap positions to the Risk Management Committee on a quarterly basis. We also monitor changes in, and matches of, foreign currency assets and liabilities in order to reduce exposure to currency fluctuations.

 

One of the key components of our risk management policy, which also affects our fund-raising efforts, is to monitor matches of asset maturities and liability maturities. The average maturity as of December 31, 2007 for our Won- and foreign currency-denominated loans was eight months and 40 months, respectively, and for Won- and foreign currency-denominated liabilities was nine months and 36 months, respectively.

 

We follow an overall risk management process where we:

 

   

determine the risk management objectives;

 

   

identify key exposures;

 

   

measure key risks; and

 

   

monitor risk management results.

 

Our risk management system is a continuous system that is frequently evaluated and updated on an ongoing basis.

 

Capital Adequacy

 

Under the Financial Supervisory Service’s guidelines on risk-adjusted capital which were introduced in consideration of the standards we set for International Settlement, all banks in Korea, including us, are required to maintain a capital adequacy ratio (Tier I and Tier II) of at least 8% on a consolidated basis. To the extent that we fail to maintain this ratio, the Korean regulatory authorities may require corrective measures ranging from management improvement recommendations to emergency measures such as disposal of assets. As of June 30, 2008, our capital adequacy ratio was 10.0%, a decrease from 11.0% as of December 31, 2007, which was primarily the result of an increase in loans and guarantees.

 

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The following table sets forth our capital base and capital adequacy ratios reported as of December 31, 2005, 2006 and 2007 and as of June 30, 2008:

 

     As of December 31,     As of June 30,
2008
 
     2005     2006     2007    
     (millions of Won, except for percentages)  

Tier I

   (Won) 3,980,289     (Won) 4,132,777     (Won) 4,290,985     (Won) 4,465,217  

Paid-in Capital

     3,295,755       3,305,755       3,308,755       3,308,755  

Retained Earnings

     689,226       848,411       1,010,994       1,167,757  

Deductions from Tier I Capital

     4,692       21,389       28,764       11,296  

Capital Adjustments

     —         —         —         —    

Deferred Tax Asset

     —         —         (603 )     (662 )

Others

     (4,692 )     (21,389 )     (28,161 )     (10,634 )

Tier II (General Loan Loss Reserves)

     841,666       798,764       866,470       919,010  

Deductions from all capital

     —         —         —         —    

Total Capital

     4,821,955       4,931,541       5,157,455       5,384,227  

Risk Adjusted Assets

     34,755,318       41,487,029       46,707,367       53,835,296  

Capital Adequacy Ratios

        

Tier I

     11.5 %     10.0 %     9.2 %     8.3 %

Tier I and Tier II

     13.9 %     11.9 %     11.0 %     10.0 %

 

Source:   Internal accounting records.

 

Overseas Operations

 

We maintain an international presence through 13 overseas representative offices, which are located in New York, Tokyo, Beijing, Sâo Paolo, Frankfurt, Paris, Washington D.C., Shanghai, New Delhi, Dubai, Moscow, Mexico City, and Tashkent.

 

We also have three wholly-owned subsidiaries, KEXIM Bank (UK) Ltd., London, KEXIM (Asia) Ltd., Hong Kong, and KEXIM Vietnam Leasing Co., Ltd., Ho Chi Minh City. These subsidiaries are engaged in the merchant banking and lease financing businesses, and assist us in raising overseas financing. We also own 85.0% of P.T. Koexim Mandiri Finance, a subsidiary in Jakarta, which is primarily engaged in the business of lease financing.

 

The table below sets forth brief details of our subsidiaries as of June 30, 2008:

 

    Principal Place of
Business
  Type of Business   Book Value   Bank’s Holding  
            (billions of Won)   (%)  

Kexim Bank (UK) Ltd.

  United Kingdom   Commercial Banking   (Won) 51.6   100.0 %

KEXIM (Asia) Ltd.

  Hong Kong   Commercial Banking     29.6   100.0  

P.T. Koexim Mandiri Finance

  Indonesia   Leasing and Factoring     13.9   85.0  

Kexim Vietnam
Leasing Co., Ltd.

  Vietnam   Leasing and Guarantees     7.9   100.0  

 

Property

 

Our head office is located at 16-1 Yoido-dong, Youngdeungpo-gu, Seoul 150-996, Korea, a 34,820 square meter building completed in 1985 on a site of 9,110 square meters and owned by us. In

 

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addition to the head office, we own a staff training center located near Seoul on a site of 47,881 square meters. We also maintain 11 branches in Seoul, Pusan, Kwangju, Taegu, Changwon, Daejeon, Suwon, Inchon, Ulsan, Chungju and Jeonju. Our domestic branch offices and overseas representative offices are located in facilities held under long-term leases.

 

Management and Employees

 

Management

 

Our governance and management is the responsibility of our Board of Executive Directors, which has authority to decide important matters relating to our business. All of the members of the Board of Executive Directors are full-time executives of KEXIM. The Board of Executive Directors is chaired by our President and is comprised of seven Executive Directors consisting of the President, the Deputy President and five other Executive Directors. The President of Korea appoints our President upon the recommendation of the Minister of Strategy and Finance. The Minister of Strategy and Finance appoints the Deputy President and all the other Executive Directors upon the recommendation of our President. All Board members serve for three years and are eligible for re-appointment for successive terms of office.

 

The members of the Board of Executive Directors are currently as follows:

 

Name

   Age   

Executive Director Since

  

Position

Dong-soo Chin

   59    July 18, 2008    Chairman and President

Jung-jun Kim

   58    October 3, 2007    Deputy President

Jung-ha Choi

   56    December 29, 2006    Executive Director

Doo-hwan Kwon

   55    October 3, 2007    Executive Director

Pyung-ku Lee

   54    November 20, 2007    Executive Director

Jin-kyung Kim

   54    August 27, 2008    Executive Director

Dong-soo Park

   54    August 27, 2008    Executive Director

 

Our basic policy guidelines for activities are established by the Operations Committee. According to the By-laws, the Operations Committee is composed of officials nominated as follows:

 

   

President of KEXIM;

 

   

official of the Ministry of Strategy and Finance, nominated by the Minister of Strategy and Finance;

 

   

official of the Ministry of Foreign Affairs and Trade, nominated by the Minister of Foreign Affairs and Trade;

 

   

official of the Ministry of Knowledge Economy, nominated by the Minister of Knowledge Economy;

 

   

official of the Ministry of Land, Transport and Maritime Affairs, nominated by the Minister of Ministry of Land, Transport and Maritime Affairs;

 

   

official of the Financial Services Commission, nominated by the Chairman of the Financial Services Commission;

 

   

executive director of The Bank of Korea, nominated by the Governor of The Bank of Korea;

 

   

executive director of the Korea Federation of Banks, nominated by the Chairman of the Korea Federation of Banks;

 

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representative of an exporters’ association (Korea International Trade Association), nominated by the Minister of Strategy and Finance after consultation with the Minister of Knowledge Economy; and

 

   

executive director of the Korea Export Insurance Corporation established under the Export Insurance Act, nominated by the Chairman and President of the Korea Export Insurance Corporation.

 

The members of the Operations Committee are currently as follows:

 

Name

   Age   

Member Since

  

Position

Dong-soo Chin

 

   59    July 18, 2008    Chairman and President of KEXIM

Je-yoon Shin

   50    March 13, 2008    Deputy Minister for International Affairs, Ministry of Strategy and Finance

Ho-young Ahn

   52    March 20, 2008    Deputy Minister for Trade, Ministry of Foreign Affairs and Trade

Tae-kyun Kwon

   53    March 19, 2008    Deputy Minister for Trade and Investment Policy, Ministry of Knowledge Economy

Sang-kyu Park

   53    March 13, 2008    Director General for Construction Policy, Ministry of Land, Transport and Maritime Affairs

Seung-tae Lim

   53    March 28, 2008    Secretary General, Financial Services Commission

Han-keun Yun

   56    April 26, 2006    Deputy Governor, The Bank of Korea

Jang-soo Kim

   64    February 27, 2006    Vice Chairman, Korea Federation of Banks

Chang-moo Ryoo

   58    May 11, 2006    Executive Vice Chairman, Korea International Trade Association

Won-ku Kang

   57    July 11, 2007    Deputy President, Korea Export Insurance Corporation

 

Employees

 

As of June 30, 2008, we had 683 employees, among which 375 employees were members of our labor union. We have never experienced a work stoppage of a serious nature. Every year during the fourth quarter, the management and union negotiate and enter into a collective bargaining agreement that has a one-year duration. The most recent collective bargaining agreement was entered into in December 2007.

 

Financial Statements and the Auditors

 

The Minister of Strategy and Finance appoints our Auditor who is responsible for examining our financial operations and auditing our financial statements and records. The present Auditor is Dae-woo Lee, who was appointed for a three-year term on April 13, 2008.

 

We prepare our financial statements annually for submission to the Minister of Strategy and Finance, accompanied by an opinion of the Auditor. Although we are not legally required to have

 

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financial statements audited by external auditors, an independent public accounting firm has audited our non-consolidated financial statements commencing with such non-consolidated financial statements as of and for the year ended December 31, 1983 and consolidated financial statements commencing with such financial statements as of and for the year ended December 31, 1998. As of the date of this prospectus, our external auditor is KPMG Samjong Accounting Corp., located at 10th Floor, Star Tower, 737 Yeoksam-dong, Gangnam-gu, Seoul, Korea. Deloitte Anjin LLC (member of Deloitte Touche Tohmatsu), located at 14th Floor, Hanwha Securities Bldg., 23-5 Yoido-dong, Youngdeungpo-gu, Seoul, Korea, has audited our financial statements as of and for the years ended December 31, 2007 and 2006 included in this prospectus.

 

Our financial statements appearing in this prospectus were prepared in conformity with Korean law and in accordance with generally accepted accounting principles in the Republic, summarized in “Notes to Non-Consolidated Financial Statements of December 31, 2007 and 2006—Note 2” and “Notes to Non-Consolidated Financial Statements of June 30, 2008 and 2007—Note 2”. These principles and procedures differ in certain material respects from generally accepted accounting principles in the United States.

 

We recognize interest income on loans and debt securities on an accrual basis. However, interest income on delinquent and dishonored loans and debt securities, other than those collateralized with security deposits or guaranteed by financial institutions, is recognized on a cash basis. Interest expense is recorded on an accrual basis.

 

We classify securities that are actively and frequently bought and sold as trading securities. We classify debt securities with fixed or determinable payments and fixed maturities, and which we intend to hold to maturity, as held-to-maturity securities. We classify investments that are categorized as neither trading securities nor held-to-maturity securities as available-for-sale securities. We record our trading and available-for-sale securities, except for non-marketable equity securities classified as available-for-sale securities, at market value. We record our non-marketable equity securities classified as available-for-sale securities at the cost of acquisition. We record held-to-maturity securities at amortized cost. We recognize impairment losses on securities in current operations when the recoverable amounts are less than the acquisition cost of equity securities or amortized cost of debt securities.

 

We record debenture issuance costs as discounts on debentures and amortize them over the maturity period of the debentures using the effective interest method.

 

We record our equity investments in companies in which we exercise significant control or influence by using the equity method, pursuant to which we account for adjustments in the value of our investments resulting from changes to the investee’s net asset value.

 

We record the value of our premises and equipment on our balance sheet on the basis of a revaluation conducted as of July 1, 1998. The Minister of Strategy and Finance approved the revaluation in accordance with applicable Korean law. We value additions to premises and equipment since such date at cost.

 

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INDEPENDENT AUDITORS’ REPORT

 

English Translation of a Report Originally Issued in Korean

 

To the Shareholders and Board of Directors of

The Export-Import Bank of Korea:

 

We have audited the accompanying non-consolidated balance sheets of The Export-Import Bank of Korea (the “Bank”) as of December 31, 2007 and 2006, the related non-consolidated statements of income, appropriations of retained earnings and cash flows for the years then ended, and the statement of changes in shareholders’ equity for the year ended December 31, 2007, all expressed in Korean Won. These financial statements are the responsibility of the Bank’s management. Our responsibility is to express an opinion on these financial statements based on our audits.

 

We conducted our audits in accordance with auditing standards generally accepted in the Republic of Korea. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatements. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.

 

In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Bank as of December 31, 2007 and 2006, the results of its operations, changes in its retained earnings and cash flows for the years then ended, and changes in shareholders’ equity for the year ended December 31, 2007 in conformity with accounting principles generally accepted in the Republic of Korea (See Note 2).

 

Accounting principles and auditing standards and their application in practice vary among countries. The accompanying financial statements are not intended to present the financial position, results of operations, changes in shareholders’ equity and cash flows in accordance with accounting principles and practices generally accepted in countries other than the Republic of Korea. In addition, the procedures and practices used in the Republic of Korea to audit such financial statements may differ from those generally accepted and applied in other countries. Accordingly, this report and the accompanying financial statements are for use by those knowledgeable about Korean accounting procedures and auditing standards and their application in practice.

 

Deloitte Anjin LLC

Seoul, Korea

February 25, 2008

 

Notice to Readers

 

This report is effective as of February 25, 2008, the auditors’ report date. Certain subsequent events or circumstances may have occurred between the auditors’ report date and the time the auditors’ report is read. Such events or circumstances could significantly affect the accompanying financial statements and may result in modifications to the auditors’ report.

 

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THE EXPORT-IMPORT BANK OF KOREA

NON-CONSOLIDATED BALANCE SHEETS

As of December 31, 2007 and 2006

 

     Korean Won
     2007    2006
     (In millions)

ASSETS

     

Due from banks (Notes 3, 15, 19 and 22)

   (Won) 109,364    (Won) 134,494

Securities (Notes 4, 15 and 19)

     2,534,777      2,557,857

Loans, net (Notes 5, 6, 15, 19 and 21)

     20,099,300      14,398,792

Tangible assets (Note 7)

     36,880      39,010

Other assets (Notes 8 and 14)

     859,088      318,320
             
   (Won) 23,639,409    (Won) 17,448,473
             

LIABILITIES AND SHAREHOLDERS’ EQUITY

     

LIABILITIES:

     

Borrowings (Notes 9, 15, 19 and 21)

   (Won) 17,412,228    (Won) 11,798,737

Other liabilities (Notes 2, 10, 11, 12, 14 and 18)

     1,291,642      889,802
             
     18,703,870      12,688,539
             

SHAREHOLDERS’ EQUITY:

     

Capital stock (Note 13)

     3,308,755      3,305,755

Accumulated other comprehensive income (Note 4)

     617,762      612,607

Retained earnings (Note 13)

     1,009,022      841,572
             
     4,935,539      4,759,934
             
   (Won) 23,639,409    (Won) 17,448,473
             

 

See accompanying notes to non-consolidated financial statements.

 

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THE EXPORT-IMPORT BANK OF KOREA

NON-CONSOLIDATED STATEMENTS OF INCOME

For the years ended December 31, 2007 and 2006

 

     Korean Won
     2007    2006
     (In millions)

OPERATING REVENUES:

     

Interest income (Notes 15 and 21):

     

Interest on due from banks

   (Won) 7,646    (Won) 4,260

Interest on securities

     446      1,211

Interest on loans

     1,028,944      736,121
             
     1,037,036      741,592
             

Gain on disposal of available-for-sale securities (Note 4)

     70,800      184,369
             

Gain on disposal of loans

     3,568      —  
             

Foreign exchange trading income

     87,790      22,433
             

Derivative instrument:

     

Gain on financial derivatives trading

     308,285      72,433

Gain on valuation of financial derivatives (Note 14)

     435,633      97,086

Gain on valuation of fair value hedged items

     117,704      12,587
             
     861,622      182,106
             

Commission:

     

Commission income (Note 21)

     35,338      34,940

Guarantee income

     111,188      99,381
             
     146,526      134,321
             

Dividend on available-for-sale securities

     52,152      8,993
             

Total operating revenues

     2,259,494      1,273,814
             

OPERATING EXPENSES:

     

Interest expenses (Notes 15 and 21):

     

Interest on call money

     20,944      32,782

Interest on borrowings

     70,730      22,461

Interest on debentures

     725,211      433,391

Other interest expenses

     12      —  
             
     816,897      488,634
             

Securities:

     

Loss on disposal of available-for-sale securities

     250      862

Impairment loss of available-for-sale securities

     —        479
             
     250      1,341
             

Loans:

     

Provision for possible loan losses (Note 6)

     59,351      123,430

Loss on disposal of loan

     —        47
             
     59,351      123,477
             

Foreign exchange trading losses

     605,171      109,367
             

Derivative instrument:

     

Loss on financial derivatives trading

     193,546      126,136

Loss on valuation of financial derivatives (Note 14)

     100,387      16,619

Loss on valuation of fair value hedged items

     69,522      25,050
             
     363,455      167,805
             

 

(Continued)

 

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THE EXPORT-IMPORT BANK OF KOREA

NON-CONSOLIDATED STATEMENTS OF INCOME (Continued)

For the years ended December 31, 2007 and 2006

 

     Korean Won
     2007    2006
     (In millions)

Commission expenses

   (Won) 4,166    (Won) 1,767
             

General and administrative expenses (Note 16)

     107,340      105,668
             

Contribution to Miscellaneous Funds

     1,086      —  
             

Other operating expenses:

     

Provision for acceptance and guarantee losses (Note 11)

     44,164      45,026

Provision for unused credit line of loan commitments (Note 11)

     9,312      256

Provision for others

     881      —  

Other operating expenses

     1,616      439
             
     55,973      45,721
             

Total operating expenses

     2,013,689      1,043,780
             

OPERATING INCOME

     245,805      230,034
             

NON-OPERATING INCOME (Notes 4 and 17)

     4,861      5,292

NON-OPERATING EXPENSES (Note 17)

     2,131      3,653
             

NET INCOME BEFORE INCOME TAX

     248,535      231,673

INCOME TAX EXPENSE (Note 18)

     64,253      63,357
             

NET INCOME

   (Won) 184,282    (Won) 168,316
             

 

See accompanying notes to non-consolidated financial statements.

 

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THE EXPORT-IMPORT BANK OF KOREA

NON-CONSOLIDATED STATEMENTS OF APPROPRIATIONS OF RETAINED EARNINGS

For the years ended December 31, 2007 and 2006

 

     Korean Won
     2007    2006
     (In millions)

RETAINED EARNINGS BEFORE APPROPRIATIONS:

     

Retained earnings carried over from prior year

   (Won) —      (Won) —  

Net income

     184,282      168,316
             
     184,282      168,316
             

APPROPRIATIONS:

     

Legal reserve

     36,857      33,663

Voluntary reserve

     122,808      117,821

Dividends (Note 13)

     24,617      16,832
             
     184,282      168,316
             

UNAPPROPRIATED RETAINED EARNINGS TO BE CARRIED FORWARD TO SUBSEQUENT YEAR

   (Won) —      (Won) —  
             

 

See accompanying notes to non-consolidated financial statements.

 

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THE EXPORT-IMPORT BANK OF KOREA

NON-CONSOLIDATED STATEMENT OF CHANGES IN SHAREHOLDERS’ EQUITY

For the year ended December 31, 2007

 

     Capital
stock
   Accumulated
other
comprehensive

income (loss)
    Retained
earnings
    Total  
     (In millions)  

January 1, 2007

   (Won) 3,305,755    (Won) 612,607     (Won) 841,572     (Won) 4,759,934  

Dividends

     —        —         (16,832 )     (16,832 )
                               

Balance after appropriations

     3,305,755      612,607       824,740       4,743,102  

Increase in capital stock

     3,000      —         —         3,000  

Net income

     —        —         184,282       184,282  

Gain on valuation of available-for-sale securities

     —        6,547       —         6,547  

Gain on valuation of securities using equity method

     —        (1,392 )     —         (1,392 )
                               

December 31, 2007

   (Won) 3,308,755    (Won) 617,762     (Won) 1,009,022     (Won) 4,935,539  
                               

 

See accompanying notes to non-consolidated financial statements.

 

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THE EXPORT-IMPORT BANK OF KOREA

NON-CONSOLIDATED STATEMENTS OF CASH FLOWS

For the years ended December 31, 2007 and 2006

 

     Korean Won  
     2007     2006  
     (In millions)  

CASH FLOWS FROM OPERATING ACTIVITIES:

    

Net income

   (Won) 184,282     (Won) 168,316  
                

Adjustments to reconcile net income to net cash used in operating
activities:

    

Amortization of bond discounts

     61,158       30,192  

Provision for possible loan losses

     59,351       123,430  

Foreign exchange trading losses

     605,171       109,367  

Loss on disposal of available-for-sale securities

     250       862  

Impairment loss of available-for-sale securities

     —         479  

Loss on disposal of loan

     —         47  

Loss on financial derivatives trading

     193,546       126,136  

Loss on valuation of financial derivatives

     100,387       16,619  

Loss on valuation of fair value hedged items

     69,522       25,050  

Provision for acceptance and guarantee losses

     44,164       45,026  

Provision for unused credit line of loan commitments

     9,312       256  

Provision for others

     881       —    

Depreciation

     3,593       3,888  

Amortization

     2,040       1,788  

Provision for severance benefits

     5,930       6,337  

Loss on disposal of tangible assets

     2       44  

Other non-operating expenses

     196       153  

Amortization of present value discount

     (6,459 )     (5,578 )

Amortization of bond premium

     (2,055 )     (1,213 )

Gain on disposal of available-for-sale securities

     (70,800 )     (184,369 )

Gain on disposition of loans

     (3,568 )     —    

Foreign exchange trading income

     (87,790 )     (22,433 )

Gain on financial derivatives trading

     (308,285 )     (72,433 )

Gain on valuation of financial derivatives

     (435,633 )     (97,086 )

Gain on valuation of fair value hedged items

     (117,704 )     (12,587 )

Gain on disposal of tangible assets

     (67 )     (31 )

Gain on valuation of securities using the equity method

     (3,356 )     (4,564 )
                
     119,786       89,380  
                

 

(Continued)

 

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THE EXPORT-IMPORT BANK OF KOREA

NON-CONSOLIDATED STATEMENTS OF CASH FLOWS (Continued)

For the years ended December 31, 2007 and 2006

 

     Korean Won  
     2007     2006  
     (In millions)  

Changes in assets and liabilities resulting from operations:

    

Net decrease in available-for-sale securities

   (Won) 113,478     (Won) 443,902  

Net decrease in held-to-maturity securities

     —         8,104  

Net increase in loans

     (6,273,958 )     (3,009,327 )

Net increase in accrued income

     (167,832 )     (48,572 )

Net decrease (increase) in financial derivatives

     162,893       (33,503 )

Payment of severance benefits

     (3,343 )     (1,778 )

Net increase (decrease) in unpaid foreign exchange liabilities

     46,099       (84,095 )

Net increase (decrease) in accounts payable

     45,401       (84,787 )

Net increase in accrued expenses

     206,672       47,842  

Net increase in deferred income tax liabilities

     5,437       27,069  

Net increase in deferred revenue

     7,793       27,380  

Others, net

     (7,881 )     (58 )
                
     (5,865,241 )     (2,707,823 )
                

Net cash used in operating activities

     (5,561,173 )     (2,450,127 )
                

CASH FLOWS FROM INVESTING ACTIVITIES:

    

Net increase tangible assets

     (1,398 )     (2,302 )

Net increase intangible assets

     (1,476 )     (1,475 )

Others, net

     (2,538 )     (2,312 )
                

Net cash used in investing activities

     (5,412 )     (6,089 )
                

CASH FLOWS FROM FINANCING ACTIVITIES:

    

Net increase in borrowings in foreign currencies

     458,959       920,233  

Net increase (decrease) in call money

     (297,676 )     215,494  

Net increase in debentures in local currency

     787,681       152,632  

Net increase in debentures in foreign currencies

     4,606,207       1,259,615  

Net increase in capital

     3,000       10,000  

Payment of dividends

     (16,832 )     (13,771 )
                

Net cash provided by financing activities

     5,541,339       2,544,203  
                

NET INCREASE (DECREASE) IN DUE FROM BANKS

     (25,246 )     87,987  

DUE FROM BANKS, BEGINNING OF THE YEAR

     132,034       44,047  
                

DUE FROM BANKS, END OF THE YEAR (Note 22)

   (Won) 106,788     (Won) 132,034  
                

 

See accompanying notes to non-consolidated financial statements.

 

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Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS

For the years ended December 31, 2007 and 2006

 

1.    General:

 

The Export-Import Bank of Korea (the “Bank”) was established in 1976 as a special financial institution under the Export-Import Bank of Korea Act (the “EXIM Bank Act”) to engage in facilitating export and import transactions, overseas investments and overseas resources development through the extension of loans and other financial facilities. The Bank has eleven domestic branches, four overseas subsidiaries and thirteen overseas offices as of December 31, 2007.

 

The Bank has (Won)4,000,000 million of authorized capital and as of December 31, 2007, its paid-in capital is (Won)3,308,755 million through several capital increases. The Bank is owned by the Government of the Republic of Korea (the “Government”), the Bank of Korea (“BOK”) and Korea Development Bank with 60.15%, 35.21% and 4.64% shareholding, respectively, as of December 31, 2007.

 

The Bank, as an agent of the Government, has managed The Economic Development Cooperation Fund and the Inter-Korean Cooperation Fund (the “Funds”) since June 1987 and March 1991, respectively. The Funds are managed under separate accounts from the Bank’s own accounts and not included in the accompanying non-consolidated financial statements. The related management commissions are received from the Government.

 

2.    Summary of Significant Accounting Policies:

 

Basis of Non-consolidated Financial Statement Presentation

 

The Bank maintains its official accounting records in Korean Won and prepares statutory non-consolidated financial statements in the Korean language (Hangul) in conformity with the accounting principles and banking accounting standards generally accepted in the Republic of Korea. Certain accounting principles and banking accounting standards applied by the Bank that conform with financial accounting standards and accounting principles in the Republic of Korea may not conform with generally accepted accounting principles and banking accounting practices in other countries. Accordingly, these non-consolidated financial statements are intended for use by those who are informed about Korean accounting principles and practices. The accompanying financial statements have been condensed, restructured and translated into English (with certain expanded descriptions) from the Korean language non-consolidated financial statements. Certain information included in the Korean language financial statements, but not required for a fair presentation of the Bank's financial position, results of operations, changes in shareholders’ equity or cash flows, is not presented in the accompanying financial statements.

 

The significant accounting policies followed by the Bank in preparing the accompanying financial statements are summarized below.

 

Interest Income Recognition

 

The Bank applies the accrual basis in recognizing interest income related to deposits, loans and securities, except for non-secured uncollectible receivables. Interest on loans, whose principal or interest is past due at the balance sheet date, is generally not accrued, with the exception of interest on certain loans secured by guarantee of governments or government agencies, or collateralized by bank

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

deposits. When a loan is placed on non-accrual status, previously accrued interest is generally reversed and deducted from current interest income, and future interest income is recognized on cash basis in accordance with the accounting standards of the banking industry. As of December 31, 2007 and 2006, the accrued interest income not recognized in the accompanying financial statements based on the above criteria, amounted to (Won)50,099 million and (Won)16,373 million, respectively.

 

Classification of Securities

 

At acquisition, the Bank classifies securities into one of the following categories: trading, available-for-sale, held-to-maturity and securities using the equity method, depending on marketability, acquisition purpose and ability to hold. Debt and equity securities that are bought and held for the purpose of selling them in the near term and actively traded over-the-counter are classified as trading securities. Debt securities with fixed and determinable payments and fixed maturity that an enterprise has the positive intent and ability to hold to maturity are classified as held-to-maturity securities. Securities that should be valuated with the equity method are classified as securities using the equity method. Debt and equity securities not classified as the above are categorized as available-for-sale securities.

 

If the objective and ability to hold securities of the Bank change, available-for-sale securities can be reclassified as held-to-maturity securities and vice-versa. However, if the Bank sells held-to-maturity securities or requires the issuer to redeem the securities early in the current year and the proceeding two years, or if it reclassifies held-to-maturity securities as available-for-sale securities, all debt securities that are owned or purchased cannot be classified as held-to-maturity securities. On the other hand, trading securities cannot be re-categorized as available-for-sale or held-to-maturity securities and the other categories cannot be reclassified as trading securities. Nevertheless, trading securities can be reclassified as available-for-sale securities only when the fair value of the trading securities cannot be readily determinable.

 

Valuation of Securities

 

(1)    Valuation of Trading Securities

 

Trading equity and debt securities are initially recognized at acquisition cost plus incidental expenses determined by the individual method. When the face value of trading debt securities differs from its acquisition cost, the effective interest method is applied to amortize the difference over the remaining term of the securities. After initial recognition, trading securities are valued at fair value if the fair value of trading securities differs from its acquisition cost. The carrying value is adjusted to the fair value and the resulting valuation gain or loss is charged to current operations.

 

(2)    Valuation of Held-to-maturity Securities

 

Held-to-maturity securities are initially recognized at acquisition cost plus incidental expenses, determined by the individual method. When the face value of held-to-maturity securities differs from its acquisition cost, the effective interest method is applied to amortize the difference over the remaining term of the securities. If collectible value is below the amortized cost and the pervasive evidence of impairment exists, the carrying value is adjusted to collectible value and the resulting valuation loss is charged to current operations.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(3)    Valuation of Available-for-sale Securities

 

Available-for-sale securities are initially recognized at acquisition cost plus incidental expenses, determined by the individual method. The effective interest method is applied to amortize the difference between the face value and the acquisition cost over the remaining term of the debt security. After initial recognition, available-for-sale securities are stated at fair value, with the net unrealized gain or loss presented as gain or loss on valuation of available-for-sale securities in accumulated other comprehensive income (loss), which is charged to current operations in a lump sum at the time of disposal or impairment recognition. Non-marketable equity securities are stated at acquisition cost on the financial statements if the fair value of the securities is not reliably determinable.

 

If the fair value of equity securities (net asset fair value in case of non-marketable equity securities stated at acquisition cost) is below the acquisition cost and the pervasive evidence of impairment exists, the carrying value is adjusted to fair value and the resulting valuation loss is charged to current operations. If the collectible value of debt securities is below the amortized cost and the pervasive evidence of impairment exists, the carrying value is adjusted to collectible value and the resulting valuation loss is charged to current operations. With respect to impaired securities, any unrealized valuation gain or loss of securities previously included in the accumulated other comprehensive income (loss) is reversed.

 

(4)    Valuation of Securities Using the Equity Method

 

Equity securities held for investment in companies in which the Bank is able to exercise significant influence over the investees are accounted for using the equity method. The Bank’s share in net income or net loss of investees is included in current operations. Changes in the retained earnings of investee are reflected in the retained earnings. Changes in the capital surplus, capital adjustments or accumulated other comprehensive income (loss) of investee are reflected as gain or loss on valuation of securities accounted for using the equity method in accumulated other comprehensive income (loss).

 

If the Bank loses its significant influence on investees and discontinues the equity method of accounting, the book value at the time of losing the significant influence is considered as the acquisition cost and the securities using the equity method are classified into trading or available-for-sale securities.

 

(5)    Recovery of Loss on Impairment of Available-for-Sale Securities and Held-to-Maturity Securities

 

If the reasons for impairment losses on available-for-sale securities no longer exist, the recovery is recorded in current operations under operating revenue up to amount of the previously recognized impairment loss as reversal of impairment loss on available-for-sale securities and any excess is included in accumulated other comprehensive income (loss) as gain on valuation of available-for-sale securities. However, if the increases in the fair value of the impaired securities are not regarded as the recovery of the impairment, the increases in the fair value are recorded as gain on valuation of available-for-sale securities in accumulated other comprehensive income (loss). For non-marketable equity securities, which were impaired based on the net asset fair value, the recovery is recorded up to their acquisition cost.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(6)    Reclassification of Securities

 

When held-to-maturity securities are reclassified to available-for-sale securities, those securities are accounted for at fair value on the reclassification date and the difference between the fair value and book value is reported in accumulated other comprehensive income (loss) as gain or loss on valuation of available-for-sale securities. When available-for-sale securities are reclassified to held-to-maturity securities, gain or loss on valuation of available-for-sale securities, which had been recorded until the reclassification date, continue to be included in accumulated other comprehensive income and be amortized using the effective interest rate method and the amortized amount is charged to interest income until maturity. The difference between the fair value at the reclassification date and face value of the reclassified securities to held-to-maturity securities is amortized using effective interest rate method and the amortized amount is charged to interest income. In addition, when certain trading securities lose their marketability, such securities are reclassified as available-for-sale securities at fair market value as of reclassification date.

 

Allowance for Loan Losses

 

The Supervisory Regulation of Banking Business (the “Supervisory Regulation”) legislated by the Financial Supervisory Commission (FSC) requires the Bank to classify all credits into five categories as normal, precautionary, substandard, doubtful, or estimated loss based on borrowers’ repayment capability using Forward Looking Criteria (the “FLC”) as well as past due period and status of any bankruptcy proceedings. The Supervisory Regulation also requires the Bank to provide the minimum rate of loan loss provision for each category balance using the prescribed minimum percentages. Based on the standards, the Bank generates the credit ratings considering the borrowers’ industry risk, individual credit risk and financial risk based on the FLC as follows:

 

Classification

 

Credit ratings

 

Provision rates

Normal

  P1~P6   0.88% or more

Precautionary

  SM   7% or more

Substandard

  S   43.3% or more

Doubtful

  D   94.3% or more

Estimated loss

  F   100%

 

Provisions are applied to all loans excluding call loans and inter-bank loans, which are classified as ‘normal’.

 

Loans classified as normal have been subdivided into domestic loans and overseas loans. The former was again subdivided into small and medium-sized business loans and big enterprise loans. The allowance was assessed based on the rate of basic provision and default risk by weighted average maturity (the variation of accumulated average bankruptcy rates for periods assessed by domestic credit rating agencies). The rate of basic allowance for small and medium-sized business loans was computed using the historical loss experience rate based on the loss experience for the past seven years. However, the domestic banks’ average provision rate for normal loans is applied to the allowance for big enterprise loans due to the lack of statistical significance of the difference between the historical loss experience rate and actual rate of losses on credits. The allowance for overseas

 

45


Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

normal loans is assessed based on the sovereign credit ratings and type of borrowers (public or private). The provisions are the differences between the discounted value of the sovereign loans and the present value of the risk-free loan with the same conditions. The applied rate for private business is one grade lower than the rate for the public business with the same credit risk. In addition, the Bank provided additional allowance for the top 5 businesses loan and for the 5 sovereign loans in terms of its balance whose credit ratings are lower than C1 in regards with sovereignty considering the credit centralization risk in terms of borrowers’ sovereignty and business.

 

Pursuant to the Supervisory Regulation of Banking Business, the Bank has provided the allowance for possible losses to unconfirmed acceptances and guarantees and unused credit line of loan commitments based on the credit classification and minimum rate of loss provision prescribed by the Financial Supervisory Service and the cash conversion factor of the respective exposures.

 

Restructuring of Loans

 

The equity interest in the debtors, net of real estates and/or other assets received as full or partial satisfaction of the Bank’s loans, collected through reorganization proceedings, court mediation or debt restructuring agreements of parties concerned, is recorded at fair value at the time of the restructuring. In cases where the fair value of the assets received are less than the book value of the loan (book value before allowances), the Bank offsets first the book value against allowances for loans and then recognizes provisions for loans. Impairment losses for loans that were restructured in a troubled debt restructuring involving a modification of terms are computed by the difference between the present value of future cash flows under debt restructuring agreements discounted at effective interest rates at the time when loans are originated and the book value before allowances for loans. If the amount of allowances already established is less than the impairment losses under the workout plans, the Bank establishes additional allowances for the difference. Otherwise, the Bank reverses the allowances for loan losses.

 

Valuation of Receivables and Payables at Present Value

 

Receivables and payables incurred through long-term installment transactions, long-term borrowing and lending transactions, and other similar transactions are stated at the present value of expected future cash flows, unless the difference between nominal value and present value is immaterial. Present value discount or premium is amortized using the effective interest rate method and credited or charged to interest income or interest expense.

 

Valuation and Depreciation of Tangible Assets

 

Tangible assets are stated at acquisition cost or production cost including the incidental expenses and capital expenditures, except for assets revalued upward in accordance with the Asset Revaluation Law of Korea. Routine maintenance and repairs are expensed as incurred. Expenditures that result in the enhancement of the value or extension of the useful lives of the facilities involved are capitalized as additions to tangible assets.

 

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Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

Depreciation is computed using the declining-balance method (straight-line method for buildings purchased since January 1, 1995 and leasehold improvements) based on the estimated useful lives of the assets as prescribed by the Corporate Income Tax Law of Korea as follows:

 

     Years

Buildings

   10~60

Vehicles

   4

Furniture and fixtures

   4~20

 

Valuation and Amortization of Intangible Assets

 

Intangible assets included in other assets are recorded at the production cost or purchase cost, plus incidental expenses and capital expenditures, and deducted by purchase discount, if any. Expenditures incurred in conjunction with the development of new products or technology and others, in which the elements of costs can be individually identified and future economic benefits expected, are capitalized as development costs under intangible assets. Intangible assets are amortized using the straight-line method over the 5 years for development costs and other intangible assets.

 

Recognition of Asset Impairment

 

When the book value of assets (other than securities and assets valued at present value) exceeds the collectible value of the assets due to obsolescence, physical damage or a sharp decrease in market value and the difference is material, the book value are adjusted to collectible value in the balance sheet and the resulting impairment loss is charged to current operations. If the collectible value of the assets increases in subsequent years, the increase in value is credited to operations as gain until the collectible value equals the book value of assets that would have been determined had no impairment loss been recognized

 

Amortization of Discount (Premium) on Debentures

 

Discount or premium on debentures issued is amortized over the period from issuance to maturity using the effective interest rate method. Amortization of discount or premium is recognized as interest expense or interest income on the debentures.

 

Contingent Liabilities

 

A possible obligation that arises from past events and whose existence will be confirmed only by the occurrence or non-occurrence of one or more uncertain future events not wholly within the control of the Bank is recognized as contingent liabilities when it is probable that an outflow of resources embodying economic benefits required and the amount of the obligation can be measured with sufficient reliability. Where the effect of the time value of money is material, the amount of the liabilities is the present value of the expenditures expected to be required to settle the obligation. In addition, as some or all expenditures required to settle a provision are expected to be reimbursed by another party, the reimbursement is recognized as separate assets in the balance sheet and related income may be offset against expense in the income statement.

 

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Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

Accrued Severance Benefits

 

Employees and directors with more than one year of employment are entitled to receive a lump-sum payment upon termination of their employment with the Bank, based on their length of employment and rate of pay at the time of termination. The Bank had deposited the partial amount of future estimated severance benefits in National Pension Fund in accordance with the former National Pension Law. These are recorded as contra accounts of accrued severance benefits of the Bank.

 

Accounting for Financial Derivative Instruments

 

The Bank accounts for financial derivative instruments pursuant to the Interpretations on Financial Accounting Standards 53-70 on accounting for financial derivative instruments. Financial derivative instruments are classified as used for trading activities or for hedging activities according to their transaction purpose. All derivative instruments are accounted for at fair value with the valuation gain or loss recorded as an asset or a liability. If the derivative instrument is not part of a transaction qualifying as a hedge, the adjustment to fair value is reflected in current operations.

 

The accounting for derivative transactions that are part of a qualified hedge based both on the purpose of the transaction and on meeting the specified criteria for hedge accounting differs depending on whether the transaction is a fair value hedge or a cash flow hedge. Fair value hedge accounting is applied to a derivative instrument designated as hedging the exposure to changes in the fair value of an asset or a liability or a firm commitment (hedged item) that is attributable to a particular risk. The gain or loss both on the hedging derivative instruments and on the hedged item attributable to the hedged risk is reflected in current operations.

 

Income Tax Expense

 

Income tax expense is the amount currently payable for the period added to or deducted from the changes in deferred income taxes. However, deferred income tax assets are recognized only if the future tax benefits from accumulated temporary differences and any tax loss carryforwards are realizable. The difference between the amount currently payable for the period and income tax expense is accounted for as deferred income tax assets or liabilities, which will be charged or credited to income tax expense in the period each temporary difference reverses in the future. Deferred income tax assets or liabilities are calculated based on the expected tax rate to be applied at the reversal period of the related assets or liabilities. Tax payable and deferred income tax assets or liabilities with regards to certain items are charged or credited directly to related components of shareholders’ equity.

 

Accounting for Foreign Currency Transactions and Translation

 

The Bank maintains its accounts in Korean Won. Transactions in foreign currencies are recorded in Korean Won based on the prevailing rate of exchange on the transaction date. The Korean Won equivalent of assets and liabilities denominated in foreign currencies are translated in these financial statements based on the basic rate ((Won)938.20 and (Won)929.60 to USD 1.00 at December 31, 2007 and 2006, respectively) announced by Seoul Money Brokerage Service, Ltd. or cross rates for other

 

48


Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

currencies other than U.S. Dollars at the balance sheet dates. Translation gains and losses are credited or charged to operations. Financial statements of overseas branches are translated based on the basic rate at the balances sheet dates.

 

Discontinued Operation

 

A discontinued operation refers to a component of the Bank that is capable of being distinguished operationally for financial reporting purposes and is capable of being identified as a major line of business or geographical area of operations, and that the Bank, pursuant to a single plan of discontinuance, substantially disposes in its entirety, such as by selling it in a single transaction; sells off its assets and settles its liabilities individually or in small groups; or terminates it through abandonment. The income (loss) from continuing operation and discontinued operation was not distinguished and separately presented as there was no discontinued operation in the prior year and current period.

 

Application of the Statement of Korea Accounting Standards

 

The Korea Accounting Standard Board (KASB) under the Korea Accounting Institute (KAI) issued the Statements of Korea Accounting Standards (SKAS) for achieving a set of Korean accounting standards that should be internationally acceptable and comparable based on SKAS Act 92. The Bank adopted SKAS No.1 (Accounting Changes and Error Corrections) through SKAS No. 20 (Related Party Disclosures) (excluding SKAS No. 11 and No. 14) as of or before December 31, 2006, and SKAS No. 11 (Discontinued Operation) and SKAS No. 21 (Preparation and Presentation of Financial Statements) through SKAS No. 25 (Consolidated Financial Statements) have been adopted since January 1, 2007.

 

With the adoption of SKAS No. 21 (Preparation and Presentation of Financial Statements) and SKAS No. 24 (Preparation and Presentation of Financial Statements [Financial Industry]), the Bank included the statement of changes in shareholders’ equity in the financial statements, and reclassified the components of the balance sheets as follows:

 

Classification

  

Before

  

After

Assets

  

- Due from banks

- Securities

- Loans

- Fixed assets

- Other assets

  

- Due from banks

- Securities

- Loans

- Tangible assets

- Other assets

Liabilities

   - Borrowings - Debentures - Other liabilities   

- Borrowings

- Other liabilities

Shareholders’ Equity

  

- Common stock - Retained earnings

- Capital adjustments

  

- Common stock

- Accumulated other comprehensive incomes

- Retained earnings

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

In addition, a discontinued operation is separately presented in the income statements and extraordinary items are no longer reported separately. The Bank has reclassified the components of the income statements; such as gains or losses relating to available-for-sale securities and sale of loans that were presented under non-operating income (expenses) are currently presented under operating revenue (expenses). The effect of the changes in the classification of the income statement for year ended December 31, 2007 is as follows (Unit: In millions):

 

Classification

   Before    After    Effect  

Operating Revenue

   (Won) 2,185,126    (Won) 2,259,494    (Won) 74,368  

Operating Expenses

     2,013,439      2,013,689      250  
                      

Operating Income

     171,687      245,805      74,118  

Non-operating Income

     79,229      4,861      (74,368 )

Non-operating Expenses

     2,381      2,131      (250 )
                      

Income before Income Tax

     248,535      248,535      —    

Income Tax Expense

     64,253      64,253      —    
                      

Net Income

   (Won) 184,282    (Won) 184,282    (Won) —    
                      

 

(*)   Income from continuing operation was not separately presented as there was no gain (loss) from discontinued operation.

 

With the adoption of SKAS No. 21 (Preparation and Presentation of Financial Statements) and SKAS No. 24 (Preparation and Presentation of Financial Statements [Financial Industry]), certain accounts of the prior period were reclassified to conform with the current period’s presentation for comparative purposes; however, such reclassifications had no effect on the previously reported prior period net income or shareholders’ equity of the Bank. The effect of the changes in the classification of the income statement for year ended December 31, 2006 is as follows (Unit: In millions):

 

Classification

   Before    After    Effect  

Operating Revenue

   (Won) 1,089,445    (Won) 1,273,814    (Won) 184,369  

Operating Expenses

     1,042,392      1,043,780      1,388  
                      

Operating Income

     47,053      230,034      182,981  

Non-operating Income

     189,661      5,292      (184,369 )

Non-operating Expenses

     5,041      3,653      (1,388 )
                      

Income before Income Tax

     231,673      231,673      —    

Income Tax Expense

     63,357      63,357      —    
                      

Net Income

   (Won) 168,316    (Won) 168,316    (Won) —    
                      

 

In addition, the Bank has currently reclassified certain components of the cash flows; such as changes in available-for-sale securities, held-to-maturity securities, loans and financial derivatives that were previously presented under cash flows from investing activities to cash flows from operating activities. The accompanying non-consolidated statement of cash flows for the year ended December 31, 2006, which is presented for comparative purposes, was restated due to the application

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

of SKAS No. 21 and No. 24. Due to the aforementioned changes, cash flows from operating activities decreased by (Won)5,997,587 million and (Won)2,592,216 million for the years ended December 31, 2007 and 2006, respectively, and cash flows from investing activities increased by the same amount for the years ended December 31, 2007 and 2006, respectively.

 

Earning per Share

 

Earning per share is not computed because the capital of the Bank does not stem from stock issuance.

 

Reclassification

 

Certain accounts of the prior period were reclassified to conform to the current period’s presentation for comparative purposes; however, such reclassifications had no effect on the previously reported prior period net income or shareholders’ equity of the Bank.

 

3.    Due from Banks:

 

(1)   Due from banks in local currency and foreign currencies as of December 31, 2007 and 2006 were as follows (Won in millions):

 

   

Financial institution

   Interest (%)    2007    2006

Local currency:

          

Due from BOK

  BOK       (Won) 4    (Won) 53

Current deposits

  KEB and others         1,676      937

Time deposits

  Woori Bank    5.2      2,100      2,000

Others

  SC First Bank and others    3.60~4.75      18,777      64,860
                  
          22,557      67,850
                  

Foreign currency:

          

Current deposits

  KEB         7,432      7,618

Time deposits

  KEB    5.36      37,528      37,184

Demand deposits

  Bank of New York and others    3.00~5.00      38,124      18,191

Off-shore due from banks on demand

 

 

JP Morgan Chase Bank, N.A., New York and others

  

 

  

 

 

3,723

  

 

 

3,651

                  
          86,807      66,644
                  
        (Won) 109,364    (Won) 134,494
                  

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(2)   Restricted due from banks as of December 31, 2007 and 2006 were as follows (Won in millions):

 

    

Financial institution

   Interest (%)    2007    2006

Due from bank in local currency(*):

           

Time deposits

   Woori Bank    5.20    (Won) 2,100    (Won) 2,000

Others

   Industrial Bank of Korea    3.60      476      460
                   
         (Won) 2,576    (Won) 2,460
                   

 

(*)   The deposit in Won is the amount remaining after settling the principal of Daewoo Poland FSO’s loan with the proceeds from the sale of the related collateral (shares of Doosan Infracore Co., Ltd). This deposit is restricted for the settlement of additional incidental costs (legal costs and others) arising from the aforementioned loan.

 

(3)   Due from banks by financial institution as of December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007    2006
     Local
currency
   Foreign
currencies
   Total    Local
currency
   Foreign
currencies
   Total

Banks

   (Won) 22,557    (Won) 86,633    (Won) 109,190    (Won) 67,850    (Won) 66,625    (Won) 134,475

Others

     —        174      174      —        19      19
                                         
   (Won) 22,557    (Won) 86,807    (Won) 109,364    (Won) 67,850    (Won) 66,644    (Won) 134,494
                                         

 

(4)   The maturities of due from banks as of December 31, 2007 were as follows (Won in millions):

 

     Due in
3 months
or less
   Due after
3 months to
6 months
   Due after
6 months to
1 year
   Total

Due from bank in local currency

   (Won) 20,457    (Won) —      (Won) 2,100    (Won) 22,557

Due from bank in foreign currencies

     86,807      —        —        86,807
                           
   (Won) 107,264    (Won) —      (Won) 2,100    (Won) 109,364
                           

 

4.    Securities:

 

(1)   Securities as of December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007    2006

Available-for-sale securities:

     

Marketable equity securities

   (Won) 1,363,124    (Won) 1,349,646

Unlisted equity securities

     1,077,404      1,106,046

Equity investment

     1,276      1,276

Government and public bonds

     1      1

Securities in foreign currencies

     —        10,332
             
     2,441,805      2,467,301
             

Securities using the equity method

     92,972      90,556
             
   (Won) 2,534,777    (Won) 2,557,857
             

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(2)   Marketable equity securities as of December 31, 2007 and 2006 were as follows (Won in millions):

 

2007

 

     No. of shares    Ownership
(%)
   Book value
before
adjustment
   Fair value
(Book value)

KEB

   40,314,387    6.25    (Won) 518,040    (Won) 584,558

Industrial Bank of Korea

   8,501,153    2.10      145,795      149,620

Daewoo International Corporation(*1)

   10,996,400    11.58      369,006      385,028

SK Networks Co., Ltd.(*1)

   10,514,605    4.39      219,568      219,930

Hyundai Corporation(*1)

   1,031,600    4.62      19,695      21,060

Hyundai IT Corporation(*1)

   2,337,955    9.20      4,660      2,471

Choongnam Spinning Co., Ltd.

   57,173    0.45      286      457
                   
         (Won) 1,277,050    (Won) 1,363,124
                   

 

(*1)   The securities were restricted to sale as of December 31, 2007.

 

In 2007, 2,376,495 (common stock) and 469,932 (preferred stock) shares of SK Networks Co., Ltd. were disposed for (Won) 103,144 million and its gain on disposal of available-for-sale securities amounting to (Won) 70,059 million was recorded in operating revenues.

 

2006

 

     No. of shares    Ownership
(%)
   Book value
before
adjustment
   Fair value
(Book value)

KEB

   40,314,387    6.25    (Won) 568,433    (Won) 518,040

Industrial Bank of Korea

   8,501,153    2.10      149,195      145,795

Daewoo International Corporation(*1)

   10,996,400    11.58      420,612      369,006

SK Networks Co., Ltd.(*1)

   12,891,100    5.39      131,206      297,037

Hyundai Corporation(*1)

   1,031,600    4.62      18,940      19,695

DKME Co., Ltd.(*1)

   6,200    0.11      95      73
                   
         (Won) 1,288,481    (Won) 1,349,646
                   

 

(*1)   The securities were restricted to sale as of December 31, 2006.

 

In 2006, 49,485,973 shares of 5 companies including 49,134,208 shares of KEB were disposed for (Won)443,737 million and its gain on disposal of available-for-sale securities amounting to (Won)184,369 million was recorded in operating revenues.

 

53


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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(3)   Unlisted equity securities as of December 31, 2007 and 2006 were as follows (Won in millions):

 

2007

 

    No. of shares   Ownership
(%)
  Book value
before
adjustment
  Book value

Korea Highway Corp.

  95,000,000   4.72   (Won) 950,000   (Won) 950,000

Industrial Bank of Korea (Preferred stock)

  6,210,000   11.69     101,179     98,366

SK Networks Co., Ltd. (Preferred stock)

  317,501   9.64     21,500     25,977

Korea Ship Finance

  254,000   14.99     1,270     1,270

Daewoo Electronics Corp.

  224,580   0.21     263     133

Pantech Co., Ltd.

  19,944,000   7.13     2,732     319

Pantech & Curitel Co., Ltd.

  11,160,000   2.20     603     1,205

Others

  40,860   —       134     134
               
      (Won) 1,077,681   (Won) 1,077,404
               

 

As of December 31, 2007, the Bank valuated the shares of Industrial Bank of Korea (Preferred stock), SK Networks Co., Ltd. (Preferred stock), Daewoo Electronics Corp., Pantech Co., Ltd. and Pantech & Curitel Co., Ltd. at fair value based on the report of external evaluation agencies. The remaining shares were recorded at acquisition costs since the fair value was difficult to assess. The shares of SK Networks Co., Ltd. (Preferred stock) and Daewoo Electronics Corp. are restricted to sale as of December 31, 2007.

 

2006

 

    No. of shares   Ownership
(%)
  Book value
before
adjustment
  Book value

Korea Highway Corp.

  95,000,000   5.20   (Won) 950,000   (Won) 950,000

Industrial Bank of Korea (Preferred stock)

  6,210,000   11.69     103,539     101,179

SK Networks Co., Ltd. (Preferred stock)

  787,433   9.64     49,465     53,321

Korea Ship Finance

  254,000   14.99     1,270     1,270

Daewoo Electronics Corp.

  224,580   0.21     791     263

Others

  4,959   —       4     13
               
      (Won) 1,105,069   (Won) 1,106,046
               

 

As of December 31, 2006, the Bank valuated the shares of Industrial Bank of Korea (Preferred stock), SK Networks Co., Ltd. (Preferred stock) and Daewoo Electronics Corp. at fair value based on the report of external evaluation agencies. The remaining shares were recorded at acquisition costs since the fair value was difficult to assess. The shares of SK Networks Co., Ltd. (Preferred stock) and Daewoo Electronics Corp. are restricted to sale as of December 31, 2006.

 

54


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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(4)   Equity investment as of December 31, 2007 and 2006 were as follows (Won in millions):

 

2007

 

     Ownership
(%)
   Book value
before
adjustment
   Book value

Korea Asset Management Corporation

   0.47    (Won) 1,220    (Won) 1,220

Korea Money Broker Corporation

   0.56      56      56
                
      (Won) 1,276    (Won) 1,276
                

 

2006

 

     Ownership
(%)
   Book value
before
adjustment
   Book value

Korea Asset Management Corporation

   0.47    (Won) 1,220    (Won) 1,220

Korea Money Broker Corporation

   0.56      56      56
                
      (Won) 1,276    (Won) 1,276
                

 

(5)   Government and public bonds in debt securities as of December 31, 2007 and 2006 were as follows (Won in millions):

 

2007

 

     Acquisition cost    Fair value    Book value

Government and public bonds

   (Won) 1    (Won) 1    (Won) 1
                    

 

2006

 

     Acquisition cost    Fair value    Book value

Government and public bonds

   (Won) 1    (Won) 1    (Won) 1
                    

 

(6)   Securities in foreign currencies in debt securities as of December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007    2006
     Acquisition cost    Book value    Acquisition cost    Book value

Foreign securities

   (Won) —      (Won) —      (Won) 10,183    (Won) 10,332
                           

 

The acquisition cost of securities in foreign currencies as of December 31, 2007 and 2006 was translated in these financial statements based on the basic rate ((Won)938.20 and (Won)929.60 to USD 1.00 at December 31, 2007 and 2006, respectively). The book values of securities in foreign currencies as of December 31, 2007 and 2006 were assessed by applying base prices per bond announced on a recent trading day by securities valuation agencies or by using a rate of return presented by experienced bond dealers.

 

55


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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(7)   Securities using the equity method as of December 31, 2007 and 2006 were as follows (Won in millions):

 

2007

 

     Balance
sheet date
   Ownership
(%)
   Acquisition
cost
   Net asset
value
   Book value

KEXIM Bank UK Limited

   2007.12.31    100.00    (Won) 37,482    (Won) 45,738    (Won) 45,738

KEXIM Vietnam Leasing Co.

   2007.12.31    100.00      12,197      7,035      7,035

PT. KOEXIM Mandiri Finance

   2007.12.31    85.00      4,416      11,875      11,735

KEXIM Asia Limited

   2007.12.31    100.00      28,146      28,464      28,464
                          
         (Won) 82,241    (Won) 93,112    (Won) 92,972
                          

 

As of December 31, 2007, (Won)3,356 million of the valuation gain on securities using the equity method to be adjusted in operating revenues and (Won)(1,392) million of the change in securities using the equity method incurred from changes in the capital accounts of the investees to be adjusted in accumulated other comprehensive income were reflected to the book value of securities using the equity method in foreign currencies. The difference between the book value of the securities using the equity method and the net asset value of PT. KOEXIM Mandiri Finance amounting to (Won)(140) million is the outstanding balance of negative goodwill as of December 31, 2007.

 

2006

 

     Balance sheet
date
   Ownership
(%)
   Acquisition
cost
   Net asset
value
   Book value

KEXIM Bank UK Limited

   2006.12.31    100.00    (Won) 36,482    (Won) 43,029    (Won) 43,029

KEXIM Vietnam Leasing Co.

   2006.12.31    100.00      12,085      6,777      6,777

PT. KOEXIM Mandiri Finance

   2006.12.31    85.00      4,548      11,693      11,477

KEXIM Asia Limited

   2006.12.31    100.00      27,888      29,265      29,273
                          
         (Won) 81,003    (Won) 90,764    (Won) 90,556
                          

 

As of December 31, 2006, (Won)4,564 million of the valuation gain on securities using the equity method to be adjusted in operating revenues and (Won)(3) million of the change in securities using the equity method incurred from changes in the capital accounts of the investees to be adjusted in accumulated other comprehensive income were reflected to the book value of securities using the equity method in foreign currencies. The difference between the book value of the securities using the equity method and the net asset value of PT. KOEXIM Mandiri Finance amounting to (Won)(216) million is the outstanding balance of negative goodwill as of December 31, 2006. The difference between the book value of the securities using the equity method and the net asset value of KEXIM Asia Limited amounted to (Won)8 million, which was unrealized gain from inter-company transactions as of December 31, 2006.

 

56


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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(8)   Available-for-sale securities not recorded at fair value as of December 31, 2007 were as follows (Won in millions):

 

     Book value   

Reason

Unlisted equity securities

   (Won) 951,404    Difficulty in calculation of the fair value

Equity investment

     1,276    Difficulty in calculation of the fair value
         
   (Won) 952,680   
         

 

(9)   The securities portfolio, by county, as of December 31, 2007 and 2006 were as follows (Won in millions):

 

2007

 

     Available
-for-sale
securities
   Securities
using the
equity method
   Total    Ratio (%)

Securities in local currency

           

Korea

   (Won) 2,441,805    (Won) —      (Won) 2,441,805    96.33
                         

Securities in foreign currencies

           

UK

     —        45,738      45,738    1.81

Hong Kong

     —        28,464      28,464    1.12

Indonesia

     —        11,735      11,735    0.46

Vietnam

     —        7,035      7,035    0.28
                         
     —        92,972      92,972    3.67
                         
   (Won) 2,441,805    (Won) 92,972    (Won) 2,534,777    100.00
                         

 

2006

 

     Available
-for-sale
securities
   Securities
using the
equity method
   Total    Ratio (%)

Securities in local currency

           

Korea

   (Won) 2,456,969    (Won) —      (Won) 2,456,969    96.06
                         

Securities in foreign currencies

           

UK

     —        43,029      43,029    1.68

Hong Kong

     2,811      29,273      32,084    1.26

Indonesia

     —        11,477      11,477    0.45

Vietnam

     —        6,777      6,777    0.26

Korea

     2,817      —        2,817    0.11

India

     4,704      —        4,704    0.18
                         
     10,332      90,556      100,888    3.94
                         
   (Won) 2,467,301    (Won) 90,556    (Won) 2,557,857    100.00
                         

 

57


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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(10)   Securities as of December 31, 2007 and 2006 were classified as follows (Won in millions):

 

2007

 

     Available
-for-sale
securities
   Securities
using the
equity method
   Total    Ratio (%)

Stock and equity investment

   (Won) 2,441,804    (Won) 92,972    (Won) 2,534,776    100.00

Fixed interest rate bonds

     1      —        1    0.00
                         
   (Won) 2,441,805    (Won) 92,972    (Won) 2,534,777    100.00
                         

 

2006

 

     Available
-for-sale
securities
   Securities
using the
equity method
   Total    Ratio (%)

Stock and equity investment

   (Won) 2,456,968    (Won) 90,556    (Won) 2,547,524    99.60

Fixed interest rate bonds

     10,333      —        10,333    0.40
                         
   (Won) 2,467,301    (Won) 90,556    (Won) 2,557,857    100.00
                         

 

(11)   Term structure of debt securities among available-for-sale securities as of December 31, 2007 were as follows (Won in millions):

 

     Due in 1
year or less
   Due after 1
year to 5 years
   Total

Available-for-sale securities

   (Won) —      (Won) 1    (Won) 1
                    

 

(12)   Changes in valuation gain (loss) on available-for-sale securities and securities using the equity method for the year ended December 31, 2007 were as follows (Won in millions):

 

     Beginning
balance
   Increase
(decrease)
    Disposition     Ending
balance

Securities using the equity method

   (Won) (31)    (Won) (1,392)     (Won) —       (Won) (1,423)
                             

Available-for-sale securities:

         

Equity securities

     612,252      (23,493 )     30,426       619,185

Debt securities

     386      —         (386 )     —  
                             
     612,638      (23,493 )     30,040       619,185
                             
   (Won) 612,607    (Won) (24,885 )   (Won) 30,040     (Won) 617,762
                             

 

58


Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

5.    Loans:

 

(1)   Loans as of December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007     2006  

Loans in local currency:

    

Loans for export

   (Won) 2,724,886     (Won) 2,101,265  

Loans for overseas investment

     60,207       64,266  

Loans for import

     747,227       700,011  

Others

     238,747       216,982  

Privately placed bonds

     —         1,801  
                
     3,771,067       3,084,325  
                

Loans in foreign currencies:

    

Loans for export

     7,755,056       5,521,867  

Loans for overseas investment

     4,756,777       3,157,163  

Trading note rediscount loans

     922,161       776,828  

Loans for import

     802,940       599,988  

Overseas funding loans

     631,712       662,562  

Domestic usance bills

     114,623       108,720  

Privately placed bonds

     1,989       27,070  

Inter-bank loans

     100,801       41,091  

Others

     126       152  
                
     15,086,185       10,895,441  

Deferred loan origination fees(*1)

     (7,208 )     —    

Valuation adjustment of loans in foreign currencies(*2)

     59,430       (8,314 )
                
     15,138,407       10,887,127  
                

Bills bought in local currency

     82,209       113,637  
                

Bills bought in foreign currencies

     541,807       616,029  
                

Advances for customers

     782       3,520  
                

Call loans:

    

Call loans in local currency

     210,000       160,000  

Call loans in foreign currencies

     1,046,484       177,554  
                
     1,256,484       337,554  
                

Total

     20,790,756       15,042,192  

Allowance for possible loan loss

     (691,456 )     (643,400 )
                

Net total

   (Won) 20,099,300     (Won) 14,398,792  
                

 

(*1)   The Bank defers loan origination fees associated with originating loans. Loan balances are reported net of these loan origination fees. The deferred loan origination fees are amortized using the effective interest method with the amortization recognized as adjustments to other interest income.
(*2)   Interest rate swap was contracted to hedge the changes in the fair value of loan commitment in foreign currencies resulting from the volatility in the interest rate. The loss on valuation of loan commitment, which was confirmed, was recognized as valuation adjustment of loans in foreign currencies.

 

59


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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(2)   Loans in local currency and foreign currencies, by customer, as of December 31, 2007 and 2006 were as follows (Won in millions):

 

2007

 

     Loans in
local currency
   Loans in
foreign currencies
   Total    Ratio (%)

Large corporations

   (Won) 2,601,548    (Won) 4,279,257    (Won) 6,880,805    36.49

Small and medium-sized company(*)

     1,169,519      920,539      2,090,058    11.08

Public and others

     —        9,886,389      9,886,389    52.43
                         
   (Won) 3,771,067    (Won) 15,086,185    (Won) 18,857,252    100.00
                         

 

2006

 

     Loans in
local currency
   Loans in
foreign currencies
   Total    Ratio (%)

Large corporations

   (Won) 2,114,949    (Won) 3,561,675    (Won) 5,676,624    40.60

Small and medium-sized company(*)

     969,376      749,886      1,719,262    12.30

Public and others

     —        6,583,880      6,583,880    47.10
                         
   (Won) 3,084,325    (Won) 10,895,441    (Won) 13,979,766    100.00
                         

 

(*)   Small and medium-sized company is described in Paragraph 1 of Article 2 of the Small and Medium-sized Company Law.

 

The amount of loans in foreign currencies excluded deferred loan origination fees and valuation adjustment of loans in foreign currencies.

 

(3)   Loans, by industry, as of December 31, 2007 and 2006 were as follows (Won in millions):

 

2007

 

     Loans in
local currency
   Loans in
foreign currencies
   Others    Total    Ratio (%)

Manufacturing

   (Won) 3,205,393    (Won) 4,783,882    (Won) 253,774    (Won) 8,243,049    39.75

Transportation

     36,250      5,177,496      27,963      5,241,709    25.27

Finance and insurance

     —        2,857,887      1,513,713      4,371,600    21.08

Wholesale and retail

     302,839      396,945      85,832      785,616    3.79

Real estate, renting and the related business

     —        58,131      —        58,131    0.28

Construction

     207,720      81,905      —        289,625    1.40

Public and others

     18,865      1,729,939      —        1,748,804    8.43
                                
   (Won) 3,771,067    (Won) 15,086,185    (Won) 1,881,282    (Won) 20,738,534    100.00
                                

 

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Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

2006

 

     Loans in
local currency
   Loans in
foreign currencies
   Others    Total    Ratio (%)

Manufacturing

   (Won) 2,671,405    (Won) 3,580,334    (Won) 338,190    (Won) 6,589,929    43.79

Transportation

     46,680      3,550,697      48,804      3,646,181    24.23

Finance and insurance

     1,801      2,005,727      286,072      2,293,600    15.24

Wholesale and retail

     263,568      388,569      39,321      691,458    4.59

Real estate, renting and the related business

     —        58,082      —        58,082    0.39

Construction

     70,486      122,750      —        193,236    1.28

Public and others

     30,385      1,189,282      358,353      1,578,020    10.48
                                
   (Won) 3,084,325    (Won) 10,895,441    (Won) 1,070,740    (Won) 15,050,506    100.00
                                

 

The amount of loans in foreign currencies excluded deferred loan origination fees and valuation adjustment of loans in foreign currencies.

 

61


Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(4)   Loans, by country that has a final redemption risk of loans, as of December 31, 2007 and 2006 were as follows (Won in millions):

 

2007

 

    Loans in
local currency
  Loans in
foreign currencies
  Others   Total   Ratio (%)

Asia:

         

Korea

  (Won) 3,771,067   (Won) 6,693,160   (Won) 1,072,704   (Won) 11,536,931   55.63

Iran

    —       1,042,572     109,028     1,151,600   5.55

Singapore

    —       618,642     13,433     632,075   3.05

Qatar

    —       511,000     —       511,000   2.46

Saudi Arabia

    —       425,010     2,828     427,838   2.06

Indonesia

    —       328,665     702     329,367   1.59

Hong Kong

    —       170,228     65,127     235,355   1.14

India

    —       194,915     1,007     195,922   0.95

Others

    —       699,790     134,661     834,451   4.02
                           
    3,771,067     10,683,982     1,399,490     15,854,539   76.45
                           

Europe:

         

England

    —       621,355     238,488     859,843   4.15

Russia

    —       543,755     15,793     559,548   2.70

Greece

    —       557,818     —       557,818   2.69

Ireland

    —       487,864     —       487,864   2.35

Others

    —       1,429,795     201,061     1,630,856   7.86
                           
    —       3,640,587     455,342     4,095,929   19.75
                           

America:

         

Canada

    —       360,197     107     360,304   1.73

Brazil

    —       171,252     —       171,252   0.83

Mexico

    —       167,829     305     168,134   0.81

USA

    —       11,098     25,128     36,226   0.17

Others

    —       13,713     64     13,777   0.07
                           
    —       724,089     25,604     749,693   3.61
                           

Africa:

         

South Africa

    —       —       827     827   0.01
                           

Oceania:

         

Australia and others

    —       37,527     19     37,546   0.18
                           
  (Won) 3,771,067   (Won) 15,086,185   (Won) 1,881,282   (Won) 20,738,534   100.00
                           

 

The amount of loans in foreign currencies excluded deferred loan origination fees and valuation adjustment of loans in foreign currencies.

 

62


Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

2006

 

    Loans in
local currency
  Loans in
foreign currencies
  Others   Total   Ratio (%)

Asia:

         

Korea

  (Won) 3,084,325   (Won) 5,472,052   (Won) 640,605   (Won) 9,196,982   61.11

Iran

    —       988,677     131,898     1,120,575   7.45

Indonesia

    —       280,477     85     280,562   1.86

China

    —       129,625     79,844     209,469   1.39

Qatar

    —       201,528     —       201,528   1.34

India

    —       171,804     1,259     173,063   1.15

Oman

    —       69,720     27     69,747   0.46

Vietnam

    —       62,748     525     63,273   0.42

Others

    —       130,911     73,052     203,963   1.36
                           
    3,084,325     7,507,542     927,295     11,519,162   76.54
                           

Europe:

         

Russia

    —       531,629     6,140     537,769   3.57

England

    —       481,332     53,355     534,687   3.55

Greece

    —       440,037     —       440,037   2.92

France

    —       329,856     36     329,892   2.19

Others

    —       842,619     43,219     885,838   5.89
                           
    —       2,625,473     102,750     2,728,223   18.12
                           

America:

         

Canada

    —       319,569     573     320,142   2.13

Mexico

    —       237,939     —       237,939   1.58

Brazil

    —       171,263     —       171,263   1.14

USA

    —       16,661     33,947     50,608   0.34

Others

    —       16,994     3,382     20,376   0.13
                           
    —       762,426     37,902     800,328   5.32
                           

Africa:

         

South Africa

    —       —       1,513     1,513   0.01
                           

Oceania:

         

Australia and others

    —       —       1,280     1,280   0.01
                           
  (Won) 3,084,325   (Won) 10,895,441   (Won) 1,070,740   (Won) 15,050,506   100.00
                           

 

The amount of loans in foreign currencies excluded deferred loan origination fees and valuation adjustment of loans in foreign currencies.

 

63


Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(5)   The loans that were restructured due to restoration procedure and compositions as of December 31, 2007 were as follows (Won in millions):

 

    

Company

   Amount    Allowances

Restoration procedure and composition

   Hanam Electronics Co., Ltd. and another company    (Won) 1,121    (Won) 364

Individual agreements

   Financial loan to Russia and 2 other companies      231,754      18,280
                
      (Won) 232,875    (Won) 18,644
                

 

(6)   Changes in the present value discounts relating to the restructured loans for the year ended December 31, 2007 were as follows (Won in millions):

 

     Discount
rate (%)
   Term
(year)
   Beginning
balance
   Increase    Decrease    Ending
balance

Restoration procedure and composition

   4.22~4.99    9~10    (Won) 662    (Won) 1,071    (Won) 1,538    (Won) 195

Individual agreements(*1)

   4.12~5.30    9~18      42,140      —        4,559      37,581
                                 
         (Won) 42,802    (Won) 1,071    (Won) 6,097    (Won) 37,776
                                 

 

(*1)   The overdue financial loans to Russia amount to USD 422 million (the principal and interest amounting to USD 262 million and USD 160 million, respectively). In accordance with the bilateral agreement between the Government and Russia, the Bank restructured the remaining loan balances of USD 299 million after exempting the interest of the relevant loans amounting to USD 123 million. As of December 31, 2007, the amounts of restructured financial loans to Russia and their present value discounts are (Won)178,802 million and (Won)31,678 million, respectively.

 

(7)   Term structure of loans as of December 31, 2007 was as follows (Won in millions):

 

    Loans in
local currency
  Loans in
foreign currencies
  Others   Total   Ratio (%)

Due in 3 months or less

  (Won) 1,085,544   (Won) 1,805,489   (Won) 1,635,305   (Won) 4,526,338   21.83

Due after 3 months to 6 months

    1,637,681     1,060,324     111,027     2,809,032   13.54

Due after 6 months to 1 year

    691,062     1,181,812     58,496     1,931,370   9.31

Due after 1 year to 2 years

    86,013     580,505     21,325     687,843   3.32

Due after 2 years to 3 years

    22,627     1,063,403     —       1,086,030   5.24

Due after 3 years to 4 years

    33,696     560,599     8,481     602,776   2.91

Due after 4 years to 5 years

    —       566,257     —       566,257   2.73

Due after 5 years

    214,444     8,267,796     46,648     8,528,888   41.12
                           
  (Won) 3,771,067   (Won) 15,086,185   (Won) 1,881,282   (Won) 20,738,534   100.00
                           

 

The amount of loans in foreign currencies excluded deferred loan origination fees and valuation adjustment of loans in foreign currencies.

 

64


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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

6.    Allowances for Loan Losses:

 

(1)   The allowances for loan losses as of December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007    2006

Loans in local currency

   (Won) 94,801    (Won) 87,506

Loans in foreign currencies

     564,233      504,808

Bills bought in local currency and foreign currencies

     32,415      50,621

Advances for customers

     7      465
             
   (Won) 691,456    (Won) 643,400
             

 

(2)   As of December 31, 2007 and 2006, loan balances and allowances for loan losses by credit risk classification were as follows (Won in millions):

 

2007

 

    Loan balance classification
    Normal   Pre-
cautionary
  Substandard   Doubtful   Estimated
loss
  Total

Loans in local currency

  (Won) 3,708,024   (Won) 14,233   (Won) 29,791   (Won) 4,088   (Won) 14,931   (Won) 3,771,067

Loans in foreign currencies

    14,751,318     209,174     12,638     2,343     9,911     14,985,384

Bills bought in local currency and foreign currencies

    556,041     67,975     —       —       —       624,016

Advances for customers

    782     —       —       —       —       782

Suspense payments on credit

    —       —       61     —       7     68
                                   
  (Won) 19,016,165   (Won) 291,382   (Won) 42,490   (Won) 6,431   (Won) 24,849   (Won) 19,381,317
                                   

 

The present value discounts were not reflected to the amount of loans stated above. Inter-bank loans of (Won)100,801 million and call loans of (Won)1,256,484 million were excluded. The valuation adjustment of loans in foreign currencies of (Won)59,430 million and deferred loan origination fees of (Won)(7,208) million were also excluded.

 

    Allowance for loan losses classification
    Normal   Pre-
cautionary
  Substandard   Doubtful   Estimated
loss
  Total

Loans in local currency

  (Won) 60,188   (Won) 2,803   (Won) 12,971   (Won) 3,875   (Won) 14,931   (Won) 94,768

Loans in foreign currencies

    499,264     47,300     5,542     2,216     9,911     564,233

Bills bought in local currency and foreign currencies

    16,129     16,286     —       —       —       32,415

Advances for customers

    7     —       —       —       —       7

Suspense payments on credit

    —       —       26     —       7     33
                                   
  (Won) 575,588   (Won) 66,389   (Won) 18,539   (Won) 6,091   (Won) 24,849   (Won) 691,456
                                   

 

65


Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

2006

 

    Loan balance classification
    Normal   Pre-
cautionary
  Substandard   Doubtful   Estimated
loss
  Total

Loans in local currency

  (Won) 2,834,348   (Won) 241,792   (Won) —     (Won) 3,732   (Won) 4,453   (Won) 3,084,325

Loans in foreign currencies

    10,597,422     235,979     3,716     8,606     8,627     10,854,350

Bills bought in local currency and foreign currencies

    649,252     60,104     11,163     9,147     —       729,666

Advances for customers

    773     2,747     —       —       —       3,520
                                   
  (Won) 14,081,795   (Won) 540,622   (Won) 14,879   (Won) 21,485   (Won) 13,080   (Won) 14,671,861
                                   

 

The present value discounts were not reflected to the amount of loans stated above. Inter-bank loans of (Won)41,091 million and call loans of (Won)337,554 million were excluded. The valuation adjustment of loans in foreign currencies of (Won)(8,314) million was also excluded.

 

    Allowance for loan losses classification
    Normal   Pre-
cautionary
  Substandard   Doubtful   Estimated
loss
  Total

Loans in local currency

  (Won) 42,366   (Won) 37,156   (Won) —     (Won) 3,531   (Won) 4,453   (Won) 87,506

Loans in foreign currencies

    414,390     71,948     1,645     8,198     8,627     504,808

Bills bought in local currency and foreign currencies

    20,812     16,350     4,834     8,625     —       50,621

Advances for customers

    5     460     —       —       —       465
                                   
  (Won) 477,573   (Won) 125,914   (Won) 6,479   (Won) 20,354   (Won) 13,080   (Won) 643,400
                                   

 

(3)   Changes in allowances for loan losses for the years ended December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007     2006  

Beginning balance

   (Won) 643,400     (Won) 570,161  

Provision for possible loan losses

     59,351       123,430  

Write-off

     (1,093 )     (4,699 )

Debt for equity swap

     (15,706 )     (485 )

Decrease in present value discounts

     (6,459 )     (9,631 )

Changes in exchange rates and others(*)

     11,963       (35,376 )
                

Ending balance

   (Won) 691,456     (Won) 643,400  
                

 

(*)   Changes in exchange rates and others were mainly derived from the movements in foreign currency translation on allowances for loan losses and recovery of written-off loans.

 

66


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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(4)   Percentage of the allowance for loan losses to loans subject to allowance for loan losses for the previous 3 years were as follows (Won in millions):

 

     2007    2006    2005

Loans subject to allowance for possible loan losses

   (Won) 19,381,317    (Won) 14,671,861    (Won) 11,837,894

Allowances for loan losses

     691,456      643,400      570,161

Percentage (%)

     3.57      4.39      4.82

 

7.    Tangible Assets:

 

(1)   Tangible assets and the related accumulated depreciation as of December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007    2006
     Acquisition
cost
   Accumulated
depreciation
   Book value    Acquisition
cost
   Accumulated
depreciation
   Book value

Land

   (Won) 4,484    (Won) —      (Won) 4,484    (Won) 4,484    (Won) —      (Won) 4,484

Buildings

     43,633      14,296      29,337      43,633      12,800      30,833

Vehicles

     1,828      1,375      453      1,689      1,274      415

Equipments

     14,755      12,149      2,606      13,868      10,590      3,278
                                         
   (Won) 64,700    (Won) 27,820    (Won) 36,880    (Won) 63,674    (Won) 24,664    (Won) 39,010
                                         

 

(2)   The published value of land was (Won)113,540 million and (Won)81,246 million as of December 31, 2007 and 2006, respectively, based on the Laws on Disclosure of Land Price and Valuation of Land.

 

(3)   Changes in book value of tangible assets for the year ended December 31, 2007 were as follows (Won in millions):

 

     Beginning
balance
   Acquisition    Disposal    Depreciation    Ending
balance

Land

   (Won) 4,484    (Won) —      (Won) —      (Won) —      (Won) 4,484

Buildings

     30,833      —        —        1,496      29,337

Vehicles

     415      347      5      304      453

Equipments

     3,278      1,127      6      1,793      2,606
                                  
   (Won) 39,010    (Won) 1,474    (Won) 11    (Won) 3,593    (Won) 36,880
                                  

 

67


Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(4)   Tangible assets, which have been insured as of December 31, 2007 and 2006 were as follows (Won in millions):

 

          2007    2006
    

Insurance company

   Book value    Insured
amount
   Book value    Insured
amount

Buildings

  

LIG Insurance Co., Ltd. and others

   (Won) 29,337    (Won) 26,128    (Won) 30,833    (Won) 27,489

Equipments

  

LIG Insurance Co., Ltd. and others

     2,606      2,822      3,278      2,866
                              
      (Won) 31,943    (Won) 28,950    (Won) 34,111    (Won) 30,355
                              

 

In addition to the above, the Company carries manufacturing liability insurance ((Won)80 million coverage per accidental death and maximum coverage of (Won)300 million per accident), gas liability insurance and comprehensive auto insurance.

 

8.    Other Assets:

 

(1)   Other assets as of December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007    2006

Guarantee deposits

   (Won) 22,634    (Won) 20,212

Accounts receivable

     —        47

Accrued income

     356,319      188,487

Prepaid expenses

     56,722      34,604

Financial derivative instruments (Note 14)

     404,070      55,652

Intangible assets

     3,816      4,380

Sundry assets

     15,527      14,938
             
   (Won) 859,088    (Won) 318,320
             

 

(2)   Intangible assets as of December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007    2006

Acquisition cost

   (Won) 11,639    (Won) 10,163

Accumulated amortization

     7,823      5,783
             
   (Won) 3,816    (Won) 4,380
             

 

(3)   Changes in intangible assets for the year ended December 31, 2007 were as follows (Won in millions):

 

     Book value

Beginning balance

   (Won) 4,380

Increase

     1,476

Amortization

     2,040
      

Ending balance

   (Won) 3,816
      

 

68


Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(4)   Sundry assets as of December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007    2006

Other loans

   (Won) 8,154    (Won) 8,557

Other suspense payments

     1,185      1,002

Suspense payments on credit

     68      5

Others

     6,120      5,374
             
   (Won) 15,527    (Won) 14,938
             

 

9.    Borrowings:

 

(1)   Borrowings as of December 31, 2007 and 2006 were as follows (Won in millions):

 

   

Financial institution

  Interest rate (%)   2007     2006  

Call money:

       

Local currency

 

Hana Bank and others

  5.07~5.17   (Won) 109,000     (Won) 300,000  

Foreign currencies

 

The Royal Bank of Scotland and others

  5.12~5.17     112,584       219,260  
                   
        221,584       519,260  
                   

Borrowings in foreign currencies:

     

Borrowings from banks

 

Sumitomo Mitsui Bank

  1.23~5.92     787,009       224,034  

CP

  UBS AG and others   3.05~5.68     840,928       902,130  

Off-shore borrowings

 

Bank of China and others

  —       —         32,751  

Other borrowings

  Overseas banks   0.05~0.20     98,738       108,720  
                   
        1,726,675       1,267,635  
                   

Gain on valuation of fair value hedged items (current year portion)

    —         (667 )

Loss on valuation of fair value hedged items (prior year portion)

    —         748  
                   
        1,726,675       1,267,716  
                   

Debentures:

       

Local currency:

       

Fixed rate debentures in local currency

  4.99~5.68     1,530,000       680,000  

Discount on debentures

      (29,757 )     (14,827 )
                   
        1,500,243       665,173  
                   

Foreign currencies:

       

Floating rates debentures in foreign currencies

  Libor3M+0.02
and others
    3,122,964       6,095,087  

Fixed rates debentures in foreign currencies

  1.84~17.00     10,921,621       3,372,732  
                   
        14,044,585       9,467,819  
                   

Gain (Loss) on valuation of fair value hedged items (current year portion)

    (19,928 )     11,527  

Gain on valuation of fair value hedged items (prior year portion)

    (13,018 )     (84,040 )
                   
        14,011,639       9,395,306  
                   

Premiums on debentures

      1,911       939  

Discounts on debentures

      (49,824 )     (49,657 )
                   
        13,963,726       9,346,588  
                   
        15,463,969       10,011,761  
                   
      (Won) 17,412,228     (Won) 11,798,737  
                   

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(2)   Call money and borrowings in foreign currencies from financial institutions as of December 31, 2007 and 2006 were as follows (Won in millions):

 

    2007   2006
    Call money   Borrowings in
foreign currencies
  Total   Call money   Borrowings in
foreign currencies
  Total

Banks

  (Won) 221,584   (Won) 1,627,937   (Won) 1,849,521   (Won) 519,260   (Won) 1,158,915   (Won) 1,678,175

Others

    —       98,738     98,738     —       108,720     108,720
                                   
  (Won) 221,584   (Won) 1,726,675   (Won) 1,948,259   (Won) 519,260   (Won) 1,267,635   (Won) 1,786,895
                                   

 

(3)   Term structure of borrowings as of December 31, 2007 was as follows (Won in millions):

 

    Due in 3
months or
less
  Due after
3 months to
6 months
  Due after
6 months to
1 year
  Due after
1 year to
3 years
  Due after
3 years
  Total

Call money in local currency

  (Won) 109,000   (Won) —     (Won) —     (Won) —     (Won) —     (Won) 109,000

Call money in foreign currencies

    112,584     —       —       —       —       112,584

Borrowings in foreign currencies

    1,542,030     67,373     117,272     —       —       1,726,675

Debentures in local currency

    250,000     590,000     420,000     270,000     —       1,530,000

Debentures in foreign currencies

    478,134     363,453     3,159,875     3,413,911     6,629,212     14,044,585
                                   
  (Won) 2,491,748   (Won) 1,020,826   (Won) 3,697,147   (Won) 3,683,911   (Won) 6,629,212   (Won) 17,522,844
                                   

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

10.    Other Liabilities:

 

(1)   Other liabilities as of December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007     2006  

Accrued severance benefits (Notes 2 and 12)

   (Won) 30,096     (Won) 27,509  

Less: Transfer to National Pension (Note 12)

     (8 )     (10 )

Allowance for possible losses on acceptances and guarantees (Note 11)

     300,956       253,543  

Allowance for unused credit line of loan commitments (Note 11)

     35,491       25,814  

Allowance for others

     881       —    

Foreign exchange settlement account-credit

     61,228       15,130  

Accounts payables

     50,107       4,706  

Accrued expenses

     412,321       205,649  

Deferred income tax liabilities (Note 18)

     84,688       77,295  

Unearned revenues

     158,627       150,834  

Guarantees deposits received

     105       100  

Financial derivatives liabilities (Note 14)

     100,613       87,468  

Sundry liabilities

     56,537       41,764  
                
   (Won) 1,291,642     (Won) 889,802  
                

 

(2)   Sundry liabilities as of December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007    2006

Suspense receipts

   (Won) 54,225    (Won) 39,194

Taxes withheld

     2,290      2,504

Others

     22      66
             
   (Won) 56,537    (Won) 41,764
             

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

11.    Acceptances and Guarantees and Allowance for Possible Losses:

 

(1)   Acceptances and guarantees as of December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007    2006

Confirmed acceptances and guarantees:

     

Local currency:

     

Guarantees for performance of contracts

   (Won) 28,685    (Won) 24,432

Guarantees for repayment of advances

     24,314      40,625

Others

     111,924      1,264
             
     164,923      66,321
             

Foreign currencies:

     

Guarantees for performance of contracts

     2,598,285      2,179,230

Guarantees for repayment of advances

     28,008,786      18,957,040

Acceptances for letters of guarantee for importers letter

     8,109      6,161

Acceptances on import credit memorandum

     87,610      75,097

Others

     1,136,710      1,029,793
             
     31,839,500      22,247,321
             
     32,004,423      22,313,642
             

Unconfirmed acceptances and guarantees:

     

Letters of credit

     115,585      123,688

Others

     30,669,169      23,270,464
             
     30,784,754      23,394,152
             
   (Won) 62,789,177    (Won) 45,707,794
             

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(2)   Confirmed and unconfirmed acceptances and guarantees by classification and allowances for possible losses on confirmed and unconfirmed acceptances and guarantees as of December 31, 2007 and 2006 were as follows (Won in millions):

 

    2007   2006
    Acceptances
and
guarantees
  Allowance   Ratio (%)   Acceptances
and
guarantees
  Allowance   Ratio (%)

Confirmed acceptances and guarantees:

           

Normal

  (Won) 31,995,784   (Won) 241,080   0.75   (Won) 22,311,455   (Won) 168,821   0.76

Precautionary

    8,639     725   8.39     2,187     172   7.86
                               
    32,004,423     241,805   0.76     22,313,642     168,993   0.76
                               

Unconfirmed acceptances and guarantees(*):

           

Normal

    30,782,202     59,065   0.19     23,394,094     84,545   0.36

Precautionary

    2,552     86   3.37     58     5   8.62
                               
    30,784,754     59,151   0.19     23,394,152     84,550   0.36
                               
  (Won) 62,789,177   (Won) 300,956   0.48   (Won) 45,707,794   (Won) 253,543   0.55
                               

 

(*)   In 2005, the Bank started to provide allowance for possible losses on unconfirmed acceptances and guarantees at the same rate of allowance for loan losses applicable to the related borrowers, also considering the credit adjustment rates to off-balance sheet items announced by FSC (See Note 2).

 

(3)   Changes in allowances for possible losses on confirmed and unconfirmed acceptances and guarantees for the years ended December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007    2006  

Beginning balance

   (Won) 253,543    (Won) 227,670  

Provision of allowance for possible losses

     44,164      45,026  

Changes in foreign exchange rates and others

     3,249      (19,153 )
               

Ending balance

   (Won) 300,956    (Won) 253,543  
               

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(4)   Acceptances and guarantees, by industry, as of December 31, 2007 and 2006 were as follows (Won in millions):

 

2007

 

     Confirmed    Unconfirmed    Total
     Acceptances
and
guarantees
   Ratio (%)    Acceptances
and
guarantees
   Ratio (%)    Acceptances
and
guarantees
   Ratio (%)

Manufacturing

   (Won) 29,361,751    91.75    (Won) 30,067,035    97.67    (Won) 59,428,786    94.65

Construction

     1,818,126    5.68      214,816    0.70      2,032,942    3.24

Finance and insurance

     512,742    1.60      9,711    0.03      522,453    0.83

Wholesale and retail

     147,280    0.46      30,845    0.10      178,125    0.28

Services

     16,788    0.05      24,632    0.08      41,420    0.07

Others

     147,736    0.46      437,715    1.42      585,451    0.93
                                   
   (Won) 32,004,423    100.00    (Won) 30,784,754    100.00    (Won) 62,789,177    100.00
                                   

 

2006

 

     Confirmed    Unconfirmed    Total
     Acceptances
and
guarantees
   Ratio (%)    Acceptances
and
guarantees
   Ratio (%)    Acceptances
and
guarantees
   Ratio (%)

Manufacturing

   (Won) 20,248,696    90.75    (Won) 23,212,911    99.23    (Won) 43,461,607    95.09

Construction

     1,454,143    6.51      20,973    0.09      1,475,116    3.23

Finance and insurance

     365,404    1.64      36,946    0.16      402,350    0.88

Wholesale and retail

     128,576    0.58      17,107    0.07      145,683    0.32

Services

     33,525    0.15      18,011    0.07      51,536    0.11

Others

     83,298    0.37      88,204    0.38      171,502    0.37
                                   
   (Won) 22,313,642    100.00    (Won) 23,394,152    100.00    (Won) 45,707,794    100.00
                                   

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(5)   Acceptances and guarantees, by country that has a final redemption risk of loans, as of December 31, 2007 and 2006 were as follows (Won in millions):

 

2007

 

     Confirmed    Unconfirmed    Total
     Acceptances
and
guarantees
   Ratio (%)    Acceptances
and
guarantees
   Ratio (%)    Acceptances
and
guarantees
   Ratio (%)

Asia:

                 

Korea

   (Won) 31,570,682    98.65    (Won) 30,304,070    98.44    (Won) 61,874,752    98.54

India

     113,041    0.35      53,139    0.17      166,180    0.27

Iran

     57,532    0.18      1,376    0.00      58,908    0.09

Hong Kong

     56,292    0.18      —      —        56,292    0.09

Japan

     13,897    0.04      —      —        13,897    0.02

Uzbekistan

     —      —        2,503    0.01      2,503    0.01

Vietnam

     —      —        1,597    0.01      1,597    0.00
                                   
     31,811,444    99.40      30,362,685    98.63      62,174,129    99.02
                                   

Europe:

                 

France

     27,427    0.09      199,497    0.65      226,924    0.36

England

     75,056    0.23      —      —        75,056    0.12

Turkey

     41,049    0.13      3,473    0.01      44,522    0.07

Ukraine

     —      —        20,875    0.07      20,875    0.03

Russia

     —      —        15,151    0.05      15,151    0.03
                                   
     143,532    0.45      238,996    0.78      382,528    0.61
                                   

America:

                 

Mexico

     49,447    0.15      124    0.00      49,571    0.08
                                   

Africa:

                 

Madagascar

     —      —        182,949    0.59      182,949    0.29
                                   
   (Won) 32,004,423    100.00    (Won) 30,784,754    100.00    (Won) 62,789,177    100.00
                                   

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

2006

 

    Confirmed   Unconfirmed   Total
    Acceptances
and
guarantees
  Ratio (%)   Acceptances
and
guarantees
  Ratio (%)   Acceptances
and
guarantees
  Ratio (%)

Asia:

           

Korea

  (Won) 21,918,007   98.23   (Won) 23,228,219   99.29   (Won) 45,146,226   98.77

India

    76,452   0.34     88,204   0.38     164,656   0.36

Iran

    64,852   0.29     1,490   0.01     66,342   0.15

Japan

    19,776   0.09     —     —       19,776   0.04

Vietnam

    —     —       397   0.00     397   0.00
                             
    22,079,087   98.95     23,318,310   99.68     45,397,397   99.32
                             

Europe:

           

England

    102,256   0.46     —     —       102,256   0.22

Poland

    20,414   0.09     —     —       20,414   0.04

Turkey

    22,015   0.10     22,099   0.09     44,114   0.10

Russia

    —     —       43,308   0.19     43,308   0.09

Ukraine

    —     —       587   —       587   0.01
                             
    144,685   0.65     65,994   0.28     210,679   0.46
                             

America:

           

Others

    89,870   0.40     9,848   0.04     99,718   0.22
                             
  (Won) 22,313,642   100.00   (Won) 23,394,152   100.00   (Won) 45,707,794   100.00
                             

 

(6)   Percentages of allowances for possible losses to acceptances and guarantees subject to allowances for possible losses for the previous 3 years were as follows (Won in millions):

 

     2007    2006    2005

Acceptances and guarantees subject to allowances for possible losses

   (Won) 62,789,177    (Won) 45,707,794    (Won) 36,538,422

Allowances

     300,956      253,543      227,670
                    

Percentage (%)

     0.48      0.55      0.62
                    

 

(7)   Unused credit line of loan commitments and allowances for unused credit line of loan commitments as of December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007    2006

Unused credit line of Loan commitments

   (Won) 7,402,213    (Won) 6,827,643

Allowances

     35,491      25,814
             

Percentage (%)

     0.48      0.38
             

 

The Bank started to apply the rate of allowances for possible losses on loans, which is classified as normal and of which maturity is less than 1 year to unused credit line of loan commitments

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

pursuant to the guideline of allowances for possible losses to off-balance sheets items in 2005. The allowances for possible losses were recognized considering the credit adjustment rates to off-balance sheet items announced by FSC and recorded as allowance for unused credit line of loan commitments.

 

(8)   Changes in allowances for unused credit line of loan commitments for the years ended December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007    2006  

Beginning balance

   (Won) 25,814    (Won) 27,597  

Provision for allowance

     9,312      256  

Changes in exchange rates and others

     365      (2,039 )
               

Ending balance

   (Won) 35,491    (Won) 25,814  
               

 

12.    Accrued Severance Benefits:

 

Changes in accrued severance benefits for the years ended December 31, 2007 and 2006 were as follows (Won in millions):

 

2007

 

     Beginning
balance
    Provision    Payment     Ending
balance
 

Accrued severance benefits

   (Won) 27,509     (Won) 5,930    (Won) 3,343     (Won) 30,096  

National Pension

     (10 )     —        (2 )     (8 )
                               
   (Won) 27,499     (Won) 5,930    (Won) 3,341     (Won) 30,088  
                               

 

2006

 

     Beginning
balance
    Provision    Payment    Ending
balance
 

Accrued severance benefits

   (Won) 22,950     (Won) 6,337    (Won) 1,778    (Won) 27,509  

National Pension

     (10 )     —        —        (10 )
                              
   (Won) 22,940     (Won) 6,337    (Won) 1,778    (Won) 27,499  
                              

 

13.    Shareholders’ Equity:

 

(1)   Capital stock

 

The authorized capital stock of the Bank as of December 31, 2007 was (Won)4,000,000 million and the capital stock amounted to (Won)3,308,755 million and (Won)3,305,755 million as of December 31, 2007 and 2006, respectively. The Bank increased its capital stock by (Won)3,000 million from the Government on July 5, 2007. The Bank does not issue share certificates.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(2)   Retained earnings

 

1) Legal reserve

 

In accordance with the EXIM Bank Act, the Bank reserves 20 percent of unappropriated retained earnings as the legal reserve, until the accumulated reserve equals to its capital stock.

 

2) Voluntary reserve

 

The Bank appropriates the remaining balance, net of legal reserve and dividend payments, to voluntary reserve.

 

3) Cash dividends

 

Cash dividends to shareholders were declared for the years ended December 31, 2007 and 2006 as follows (Won in millions):

 

     2007    2006

The Government

   (Won) 14,807    (Won) 10,118

The Bank of Korea

     8,668      5,932

The Korea Development Bank

     1,142      782
             
   (Won) 24,617    (Won) 16,832
             

 

The rate of cash dividends to net income is 13.36% and 10.00% for the years ended December 31, 2007 and 2006, respectively. The cash dividends are calculated based on the ending balances of investments by shareholders as of December 31, 2007 and 2006.

 

14.    Contingencies and Commitments:

 

(1)   Other commitments as of December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007    2006

Unused credit line of loan commitments

   (Won) 7,402,213    (Won) 6,827,643

Written-off loans

     136,318      136,002
             
   (Won) 7,538,531    (Won) 6,963,645
             

 

(2)   Pending litigations

 

Eight lawsuits were filed by the Bank with aggregate claims of (Won)107,045 million and 4 lawsuits were filed against the Bank involving aggregate damages of (Won)4,900 million; they are all pending as of December 31, 2007. The management of the Bank believes that the ultimate liability of the lawsuits, if any, will not materially affect the financial position of the Bank.

 

(3)   Sales of the shares of Korea Exchange Bank (“KEB”)

 

The Bank sold 30,865,792 shares of Korea Exchange Bank (“KEB”) to LSF-KEB Holdings, SCA (“LSF”) on October 30, 2003 at (Won)5,400 per share. LSF exercised its call option, which was

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

issued by the Bank in relation to the aforementioned sales transaction, and additionally purchased 49,134,208 shares of KEB at (Won) 8,487.50 per share in the current fiscal year (refer to Note 4 (2) to the financial statements).

 

In addition to the above, if certain conditions in the mutual agreement between the Bank and LSF are met when LSF sells its KEB shares; then, the Bank has the right to ask LSF to sell the remaining shares of KEB for the same conditions and LSF also has the right to ask the Bank to sell the remaining shares (when LSF sells theirs) for the same conditions.

 

(4)   Details of transactions of derivatives instruments were as follows as of and for the years ended December 31, 2007 and 2006 (Won in millions):

 

2007

 

     Outstanding contract amount   Gain (loss) on valuation (S/I)     Gain (loss)
on
valuation
(B/S)
 
     Total   Hedging
Purpose
  Hedge
accounting
  Total     Hedging
purpose
    Hedge
accounting
   

Currency forwards

  (Won) 444,500   (Won) 444,500   (Won) —     (Won)

 

3,013

(6,489

 

)

  (Won)
 
3,013
(6,489
 
)
  (Won)

 

—  

—  

 

 

  (Won)

 

3,013

(6,489

 

)

Currency swaps

    6,219,081     2,089,665     4,129,416    
 
367,040
(16,273
 
)
   
 
138,308
(8,201
 
)
   
 
228,732
(8,072
 
)
   

 

380,664

(16,068

 

)

Interest rate swaps

    5,925,283     800,003     5,125,280    

 

65,328

(77,625

 

)

   

 

1,562

(6,641

 

)

   

 

63,766

(70,984

 

)

   

 

18,431

(78,056

 

)

Stock option

    7,500     7,500     —       252       252       —         1,962  
                                                 
  (Won) 12,596,364   (Won) 3,341,668   (Won) 9,254,696   (Won)
 
435,633
(100,387
 
)
  (Won)
 
143,135
(21,331
 
)
  (Won)
 
292,498
(79,056
 
)
  (Won)

 

404,070

(100,613

 

)

                                                 

 

2006

 

    Outstanding contract amount   Gain (loss) on valuation (S/I)     Gain (loss)
on
valuation
(B/S)
 
    Total   Hedging
Purpose
  Hedge
accounting
  Total     Hedging
purpose
    Hedge
accounting
   

Currency forwards

  (Won) 501,498   (Won) 501,498   (Won) —     (Won)

 

1,304

(2,102

 

)

  (Won)
 
1,304
(2,102
 
)
  (Won)

 

—  

—  

 

 

  (Won)

 

1,304

(2,102

 

)

Currency swaps

    1,533,542     1,510,087     23,455    

 

67,436

(1,820

 

)

   
 
67,436
(971
 
)
   

 

—  

(849

 

)

   

 

36,074

(1,511

 

)

Interest rate swaps

    5,451,828     737,619     4,714,209    

 

26,636

(12,697

 

)

   

 

2,350

(1,472

 

)

   

 

24,286

(11,225

 

)

   

 

16,564

(83,855

 

)

Stock option

    7,500     7,500     —       1,710       1,710       —         1,710  
                                                 
  (Won) 7,494,368   (Won) 2,756,704   (Won) 4,737,664   (Won)
 
97,086
(16,619
 
)
  (Won)
 
72,800
(4,545
 
)
  (Won)
 
24,286
(12,074
 
)
  (Won)

 

55,652

(87,468

 

)

                                                 

 

The Bank holds derivative instruments for its trading activities and hedging activities, to manage the interest rate risk and foreign currencies exchange risk derived from loans, debentures and borrowings. Outstanding contractual amount and gain or loss on valuation for hedging purposes

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

included in the table resulted from both derivative instruments accounted for using hedge accounting methods pursuant to the Interpretations on financial Accounting Standards 53-70.

 

Hedged items consist of loans, debentures and borrowings to which fair value hedge accounting is applied. Gain on the hedged item attributable to the hedged risk amounting to (Won)68,110 million for loans and loss on the hedged item attributable to the hedged risk amounting (Won)19,928 million for debentures have been recognized for the year ended December 31, 2007.

 

15.    Interest Income and Interest Expenses:

 

The average balance of the interest bearing assets and liabilities, and the related interest income and expenses as of and for the years ended December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007    2006
     Average balance    Interest
incomes/expenses
   Average balance    Interest
incomes/expenses

Interest income bearing assets:

           

Loans

   (Won) 18,051,872    (Won) 1,028,944    (Won) 13,615,220    (Won) 736,121

Due from banks

     94,717      7,646      40,729      4,260

Securities

     6,155      446      17,841      1,211
                           
   (Won) 18,152,744    (Won) 1,037,036    (Won) 13,673,790    (Won) 741,592
                           

 

Interest expense bearing liabilities:

           

Borrowings

   (Won) 1,996,313    (Won) 91,674    (Won) 1,296,561    (Won) 55,243

Debentures

     12,667,425      725,211      9,214,156      433,391
                           
   (Won) 14,663,738    (Won) 816,885    (Won) 10,510,717    (Won) 488,634
                           

 

Loans included call loans and borrowings included call money. Other interest expenses of (Won)12 million were excluded.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

16.    General and Administrative Expenses:

 

General and administrative expenses for the years ended December 31 2007 and 2006 were as follows (Won in millions):

 

     2007    2006

Financial management expenses:

     

Salaries and wages

   (Won) 60,266    (Won) 57,326

Others

     28,950      27,769
             
     89,216      85,095
             

Economic cooperation management expenses

     885      953
             

Other general and administrative expenses:

     

Severance benefits (Note 12)

     5,930      6,337

Special severance benefits

     160      —  

Depreciation (Note 7)

     3,593      3,888

Amortization expense of intangible assets (Note 8)

     2,040      1,788

Taxes and dues

     1,893      1,588

Fund contributions

     3,623      6,019
             
     17,239      19,620
             
   (Won) 107,340    (Won) 105,668
             

 

17.    Non-Operating Income and Expenses:

 

Non-operating income and expenses for the years ended December 31, 2007 and 2006 were as follows (Won in millions):

 

       2007      2006

Non-operating income:

         

Gain on disposal of tangible assets

     (Won) 67      (Won) 31

Rental income

       21        13

Gain on valuation of securities using the equity method (Note 4)

       3,356        4,564

Others

       1,417        684
                 
     (Won) 4,861      (Won) 5,292
                 

Non-operating expenses:

         

Loss on disposal of tangible assets

     (Won) 2      (Won) 44

Others

       2,129        3,609
                 
     (Won) 2,131      (Won) 3,653
                 

 

81


Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

18.    Income Tax Expense:

 

(1)   The differences between net income before income tax and taxable income pursuant to Korean Corporate Income Tax Law for the year ended December 31, 2007 were as follows (Won in millions):

 

     Amount  

I. Net income before income tax

   (Won) 248,535  

II. Non temporary differences:

  

(1) Entertainment expenses

     2  

(2) Undesignated donations

     98  

(3) Sundry profits

     (150 )

(4) Dividend earned

     (14,908 )

(5) Others

     359  
        
     (14,599 )
        

III. Temporary differences:

  

1. Additions:

  

(1) Loss (gain) on fair value hedges

     64,118  

(2) Gain on valuation of derivative instruments (prior period)

     43,119  

(3) Loss on valuation of derivative instruments (current period)

     77,850  

(4) Allowance for loan losses (current period)

     268,000  

(5) Allowance for possible losses of confirmed and unconfirmed acceptances   and guarantees (current period)

     300,956  

(6) Allowance for unused credit line of loan commitments (current period)

     35,491  

(7) Allowance for severance benefits

     2,985  

(8) Depreciation

     1,112  

(9) Debt-to-equity swap

     15,708  

(10) Others

     7,510  
        
     816,849  
        

2. Deductions:

  

(1) Gain (loss) on fair value hedges

     92,376  

(2) Loss on valuation of derivative instruments (prior period)

     86,751  

(3) Gain on valuation of derivative instruments (current period)

     33,667  

(4) Allowance for loan losses (prior period)

     308,016  

(5) Allowance for possible losses of confirmed and unconfirmed acceptances   and guarantees (prior period)

     253,543  

(6) Allowance for unused credit line of loan commitments (prior period)

     25,814  

(7) Depreciation

     166  

(8) Gain on valuation of securities using the equity method

     3,356  

(9) Debt-to-equity swap

     28,678  

(10) Others

     4,743  
        
     837,110  
        

IV. Taxable income

   (Won) 213,675  
        

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(2)   Changes in accumulated temporary difference for the year ended December 31, 2007 were as follows (Won in millions):

 

     Beginning(*)     Decrease     Increase     Ending  

Loss (gain) on fair value hedges

   (Won) (64,118 )   (Won) (64,118 )   (Won) (92,376 )   (Won) (92,376 )

Depreciation

     2,162       166       1,112       3,108  

Allowance for severance benefits

     16,259       —         2,985       19,244  

Allowance for loan losses

     308,016       308,016       268,000       268,000  

Gain on valuation of securities using the equity method

     (18,676 )     —         (3,356 )     (22,032 )

Loss on valuation of derivative instruments

     86,751       86,751       77,850       77,850  

Gain on valuation of derivative instruments

     (43,119 )     (43,119 )     (33,667 )     (33,667 )

Available-for-sale securities (KEB)

     (114,692 )     —         —         (114,692 )

Debt-to-equity swap

     96,924       28,678       15,708       83,954  

Allowance for possible losses of confirmed and unconfirmed acceptances and guarantees

     253,543       253,543       300,956       300,956  

Allowance for unused credit line of loan commitments

     25,814       25,814       35,491       35,491  

Others

     15,528       4,743       7,510       18,295  
                                
     564,392       600,474       580,213       544,131  
                                

Statutory tax rate

     27.5 %         27.5 %

Tax effect

     155,209           149,636  
                    

Deferred tax effect from available-for-sale securities

     (232,370 )         (234,324 )
                    

Deferred tax assets (liabilities)

   (Won) (77,161 )       (Won) (84,688 )
                    

 

Difference amounting to (Won)134 million between closing statements and statement of tax reconciliation in 2006 was reflected in the current period. The beginning balance of accumulated temporary difference was adjusted on the prior-period final income tax.

 

(3)   Income tax expense for the years ended December 31, 2007 and 2006 was as follows (Won in millions):

 

     2007     2006  

Income tax currently payable

   (Won) 58,687     (Won) 34,767  

Changes in deferred tax assets (liabilities)

     7,527       (78,670 )

Changes due to adjustment for the prior-period final income tax

     (7 )     (83 )

Income tax expense charged to capital

     (1,954 )     107,343  
                
   (Won) 64,253     (Won) 63,357  
                

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(4)   The statutory income tax rate applicable to the Bank is 27.5% for the years ended December 31, 2007 and 2006. However, due to tax adjustments, the effective tax rates for the years ended December 31, 2007 and 2006 were 25.9% and 27.3%, respectively.

 

19.    Assets and Liabilities Denominated in Foreign Currencies:

 

(1)   Significant assets denominated in foreign currencies as of December 31, 2007 and 2006 were as follows:

 

     2007    2006
     USD in
thousands
   Korean won
in millions
   USD in
thousands
   Korean won
in millions

Due from banks

   USD 92,525    (Won) 86,807    USD 71,690    (Won) 66,644

Available-for-sale securities

     —        —        11,115      10,332

Securities using the equity method

     99,096      92,972      97,413      90,556

Call loans

     1,115,417      1,046,484      191,000      177,554

Bills bought in foreign currencies

     577,496      541,807      662,682      616,029

Loans

     16,079,924      15,086,185      11,720,570      10,895,441

Advance for customers

     834      782      3,787      3,520
                           
   USD 17,965,292    (Won) 16,855,037    USD 12,758,257    (Won) 11,860,076
                           

 

(2)   Significant liabilities denominated in foreign currencies as of December 31, 2007 and 2006 were as follows:

 

     2007    2006
     USD in
thousands
   Korean won
in millions
   USD in
thousands
   Korean won
in millions

Call money

   USD 120,000    (Won) 112,584    USD 235,865    (Won) 219,260

Borrowings

     1,840,412      1,726,675      1,363,635      1,267,635

Debentures

     14,969,714      14,044,585      10,184,831      9,467,819
                           
   USD 16,930,126    (Won) 15,883,844    USD 11,784,331    (Won) 10,954,714
                           

 

Foreign currencies other than U.S. Dollar were translated into U.S. dollar amounts at the exchange rates announced by Seoul Money Brokerage Services, Ltd. (See Note 2).

 

84


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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

20.    Comprehensive Income:

 

Comprehensive income for the year ended December 31, 2007 was as follows (Won in millions):

 

     2007     2006  

Net income

   (Won) 184,282     (Won) 168,316  

Other comprehensive income:

    

Gain (Loss) on valuation of available-for-sale securities

     6,547       (282,996 )

Loss on valuation of securities using the equity method

     (1,392 )     (3 )
                
   (Won) 189,437     (Won) (114,683 )
                

 

21.    Related Party Transactions:

 

(1)   Related parties (all subsidiaries listed below are included in consolidation) as of December 31, 2007 and 2006 were as follows (Won in millions):

 

     No. of shares    Ownership (%)    Capital
           2007    2006

KEXIM Bank UK Limited

   20,000,000    100.00    (Won) 37,482    (Won) 36,482

KEXIM Vietnam Leasing Co.

   —      100.00      12,197      12,085

PT. KOEXIM Mandiri Finance

   442    85.00      5,195      4,548

KEXIM Asia Limited

   30,000,000    100.00      28,146      27,888

 

(2)   Significant balances of assets and liabilities, and incomes and expenses from significant transactions with related parties as of and for the year ended December 31, 2007 were as follows (Won in millions):

 

(Assets)

 

     Loans in
foreign currencies
   Call loans    Total

KEXIM Bank UK Limited

   (Won) 113,522    (Won) 4,144    (Won) 117,666

KEXIM Vietnam Leasing Co.

     57,699      —        57,699

PT. KOEXIM Mandiri Finance

     93,820      —        93,820

KEXIM Asia Limited

     95,172      —        95,172
                    
   (Won) 360,213    (Won) 4,144    (Won) 364,357
                    

 

(Liabilities)

 

     Debentures in
foreign currencies

KEXIM Bank UK Limited

   (Won) 4,691
      

 

85


Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

(Transactions)

 

     Interest
income
   Interest
expenses
   Commission
income

KEXIM Bank UK Limited

   (Won) 6,204    (Won) 321    (Won) 58

KEXIM Vietnam Leasing Co.

     2,829      —        5

PT. KOEXIM Mandiri Finance

     4,348      —        —  

KEXIM Asia Limited

     3,167      —        9
                    
   (Won) 16,548    (Won) 321    (Won) 72
                    

 

(3)   Significant balances of assets and liabilities, and incomes and expenses from significant transactions with related parties as of and for the year ended December 31, 2006 were as follows (Won in millions):

 

(Assets)

 

     Loans in
foreign currencies
   Call loans    Total

KEXIM Bank UK Limited

   (Won) 106,164    (Won) 5,578    (Won) 111,742

KEXIM Vietnam Leasing Co.

     46,945      —        46,945

PT. KOEXIM Mandiri Finance

     76,227      —        76,227

KEXIM Asia Limited

     32,536      —        32,536
                    
   (Won) 261,872    (Won) 5,578    (Won) 267,450
                    

 

(Liabilities)

 

     Debentures in
foreign currencies

KEXIM Bank UK Limited

   (Won) 4,648
      

 

(Transactions)

 

     Interest
income
   Interest
expenses
   Commission
income

KEXIM Bank UK Limited

   (Won) 5,595    (Won) 244    (Won) 33

KEXIM Vietnam Leasing Co.

     2,681      —        5

PT. KOEXIM Mandiri Finance

     4,336      —        —  

KEXIM Asia Limited

     1,725      —        —  
                    
   (Won) 14,337    (Won) 244    (Won) 38
                    

 

86


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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

22.    Statements of Cash Flows:

 

(1)   The statements of cash flows for the Bank are presented by the indirect method. Cash flows from the Bank’s major business including loans on credit and security transactions are classified as cash flows from operating activities and those from the receipts and borrowings are classified as cash flows from financing activities.

 

(2)   Due from banks in the statements of cash flows for the years ended December 31, 2007 and 2006 were as follows (won in millions):

 

     2007     2006  

Due from banks in local currency

   (Won) 22,557     (Won) 67,850  

Restricted due from banks

     (2,576 )     (2,460 )

Due from banks in foreign currencies

     86,807       66,644  
                
   (Won) 106,788     (Won) 132,034  
                

 

(3)   Significant transactions not involving cash inflows and outflows for the years ended December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007     2006  

Increase (decrease) in gain on valuation of available-for-sale securities

   (Won) 6,547     (Won) (282,996 )

Decrease in capital from investment in kind

     (1,392 )     (3 )

Increase in available-for-sale securities resulting from the debt for equity swap

     24,108       125  
                
   (Won) 29,263     (Won) (282,874 )
                

 

23.    Employee Welfare:

 

The Bank extends housing loans and operates in-house cafeteria, scholarship, medical insurance, workmen’s compensation, physical training facilities and recreational facilities, in order to enhance the employee welfare. Employee welfare expenses for the years ended December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007    2006

Meal expenses

   (Won) 106    (Won) 95

Medical expenses

     273      251

Fringe benefits

     5,357      4,678

Healthcare expenses

     342      339
             
   (Won) 6,078    (Won) 5,363
             

 

87


Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

For the years ended December 31, 2007 and 2006

 

24.    Computation of Value Added:

 

Amounts required for computation of value added for the years ended December 31, 2007 and 2006 were as follows (Won in millions):

 

     2007    2006

Ordinary income

   (Won) 248,535    (Won) 231,673

Salaries and wages

     60,266      57,326

Rental fees

     583      564

Depreciation

     3,593      3,888

Amortization expense of intangible assets

     2,040      1,788

Taxes and dues

     1,893      1,588
             
   (Won) 316,910    (Won) 296,827
             

 

88


Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NON-CONSOLIDATED BALANCE SHEETS

June 30, 2008 and December 31, 2007

(Unaudited)

 

     2008    2007
     (In millions of Won)

ASSETS

     

Due from banks (Notes 3, 15, 18 and 21)

   485,022    109,364

Securities (Notes 4, 15, 18 and 19)

   2,482,314    2,534,777

Loans, net (Notes 5, 6, 15, 18 and 20)

   26,379,047    20,099,300

Property and equipment (Note 7)

   35,772    36,880

Other assets (Notes 8 and 14)

   1,263,129    859,088
         

Total assets

   30,645,284    23,639,409
         

LIABILITIES AND STOCKHOLDERS’ EQUITY

     

LIABILITIES:

     

Borrowings and debentures (Notes 9, 15, 18 and 21)

   23,931,491    17,412,228

Other liabilities (Notes 10, 11, 12 and 14)

   1,660,633    1,291,642
         

Total liabilities

   25,592,124    18,703,870
         

STOCKHOLDERS’ EQUITY:

     

Capital stock (Note 13)

   3,308,755    3,308,755

Accumulated other comprehensive income (Note 19)

   583,029    617,762

Retained earnings (Note 13)

   1,161,376    1,009,022
         

Total stockholders’ equity

   5,053,160    4,935,539
         

Total liabilities and stockholders’ equity

   30,645,284    23,639,409
         

 

See accompanying notes to non-consolidated financial statements.

 

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THE EXPORT-IMPORT BANK OF KOREA

NON-CONSOLIDATED STATEMENTS OF INCOME

For the six-month periods ended June 30, 2008 and 2007

(Unaudited)

 

     2008    2007
     (In millions of Won)

OPERATING REVENUES:

     

Interest income (Notes 15 and 20):

     

Interest on due from banks

   4,925    3,693

Interest on securities

   —      378

Interest on loans

   621,432    461,939
         
   626,357    466,010

Gain on disposal of securities (Note 4)

   13,495    55,555

Reversal of loan loss provision (Note 6)

   28,114    —  

Gain on disposal of loans

   —      575

Foreign exchange trading gain

   91,128    23,226

Derivative instrument:

     

Gain on derivatives trading

   277,576    63,693

Gain on valuation of derivatives (Note 14)

   378,301    154,169

Gain on valuation of fair value hedged items

   138,744    56,124
         
   794,621    273,986

Commission:

     

Commission income (Note 20)

   28,109    11,936

Guarantee income

   68,766    51,297
         
   96,875    63,233

Dividend on securities

   40,962    52,152

Other operating income (Note 11):

     

Reversal of possible loss on acceptances and guarantees

   9,478    —  

Others

   311    —  
         
   9,789    —  
         

Total operating revenues

   1,701,341    934,737
         

OPERATING EXPENSES:

     

Interest expenses (Notes 15 and 20):

     

Interest on call money

   7,685    12,974

Interest on borrowings

   62,736    29,427

Interest on debentures

   564,089    284,083

Other interest expenses

   —      12
         
   634,510    326,496

Securities:

     

Loss on disposal of securities

   2,293    —  

Impairment loss on securities

   2    —  
         
   2,295    —  

Provision for loan losses (Note 6)

   —      48,730

Foreign exchange trading losses

   406,268    133,910

 

(Continued)

 

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THE EXPORT-IMPORT BANK OF KOREA

NON-CONSOLIDATED STATEMENTS OF INCOME (Continued)

For the six-month periods ended June 30, 2008 and 2007

(Unaudited)

 

     2008    2007
     (In millions of Won)

Derivative instrument:

     

Loss on derivatives trading

   90,861    79,911

Loss on valuation of derivatives (Note 14)

   238,041    47,530

Loss on valuation of fair value hedged items

   32,927    47,260
         
   361,829    174,701

Commission expenses

   1,514    613

General and administrative expenses (Note 16)

   53,568    49,523

Contribution to miscellaneous funds

   1,330    —  

Other operating expenses:

     

Provision for acceptances and guarantees losses (Note 11)

   —      84,025

Provision for unused loan commitments (Note 11)

   1,047    2,519

Others

   1,079    752
         
   2,126    87,296
         

Total operating expenses

   1,463,440    821,269
         

OPERATING INCOME

   237,901    113,468

NON-OPERATING INCOME (Note 4)

   3,880    3,394

NON-OPERATING EXPENSES

   1,211    635
         

INCOME BEFORE INCOME TAXES

   240,570    116,227

INCOME TAXES (Note 17)

   63,599    27,728
         

NET INCOME

   176,971    88,499
         

 

See accompanying notes to non-consolidated financial statements.

 

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THE EXPORT-IMPORT BANK OF KOREA

NON-CONSOLIDATED STATEMENTS OF CHANGES IN STOCKHOLDERS’ EQUITY

For the six-month periods ended June 30, 2008 and 2007

(Unaudited)

 

     Capital
stock
   Accumulated
other
comprehensive
income (loss)
    Retained
earnings
    Total  
     (In millions of Won)  

January 1, 2007

   3,305,755    612,607     841,572     4,759,934  

Dividends

   —      —       (16,831 )   (16,831 )
                       

Balance after appropriations

   3,305,755    612,607     824,741     4,743,102  

Net income

   —      —       88,499     88,499  

Gain on valuation of AFS securities

   —      39,587     —       39,587  

Gain on valuation of securities using equity method

   —      (691 )   —       (691 )
                       

June 30, 2007

   3,305,755    651,503     913,240     4,870,498  
                       

January 1, 2008

   3,308,755    617,762     1,009,022     4,935,539  

Dividends

   —      —       (24,617 )   (24,617 )
                       

Balance after appropriations

   3,308,755    617,762     984,405     4,910,922  

Net income

   —      —       176,971     176,971  

Gain on valuation of AFS securities

   —      (32,369 )   —       (32,369 )

Gain on valuation of securities using equity method

   —      (2,364 )   —       (2,364 )
                       

June 30, 2008

   3,308,755    583,029     1,161,376     5,053,160  
                       

 

See accompanying notes to non-consolidated financial statements.

 

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THE EXPORT-IMPORT BANK OF KOREA

NON-CONSOLIDATED STATEMENTS OF CASH FLOWS

For the six-month periods ended June 30, 2008 and 2007

(Unaudited)

 

     2008     2007  
     (In millions of Won)  

CASH FLOWS FROM OPERATING ACTIVITIES:

    

Net income

   176,971     88,499  

Adjustments to reconcile net income to net cash used in operating activities:

    

Amortization of discounts on debentures

   78,799     21,884  

Provision for loan losses

   —       48,730  

Foreign exchange trading losses

   405,835     133,910  

Impairment loss of securities

   2     —    

Loss on derivatives trading

   90,861     79,911  

Loss on valuation of derivatives

   238,041     47,530  

Loss on valuation of fair value hedged items

   32,927     47,260  

Provision for acceptances and guarantees losses

   —       84,025  

Provision for unused loan commitments

   1,047     2,519  

Depreciation

   1,567     1,724  

Amortization

   1,170     990  

Provision for severance benefits

   2,645     1,907  

Loss on disposal of property and equipment

   11     1  

Amortization of present value discount

   (2,683 )   (2,591 )

Accreditation on premium on debentures

   (1,581 )   (532 )

Reversal of loan loss provision

   (28,114 )   —    

Gain on disposal of loans

   —       (575 )

Foreign exchange trading gain

   (87,165 )   (23,226 )

Gain on derivatives trading

   (277,575 )   (63,693 )

Gain on valuation of derivatives

   (378,301 )   (154,169 )

Gain on valuation of fair value hedged items

   (138,744 )   (56,124 )

Reversal of possible loss on acceptances and guarantees

   (9,478 )   —    

Gain on disposal of property and equipment

   (41 )   (657 )

Gain on valuation of securities using the equity method

   (2,853 )   (2,300 )

Net decrease in AFS securities

   19,241     29,603  

Net increase in loans

   (4,138,565 )   (2,423,187 )

Net increase in accrued income

   (119,636 )   (51,613 )

Net decrease in derivatives

   253,833     5,821  

Payment of severance benefits

   (2,850 )   (1,723 )

Net increase in unpaid foreign exchange liabilities

   8,156     179,367  

Net increase (decrease) in accounts payable

   (16,027 )   2,018  

Net increase in accrued expenses

   100,035     92,107  

Net increase (decrease) in deferred income tax liabilities

   30,294     (7,375 )

Net increase (decrease) in unearned revenue

   31,661     (2,427 )

Dividend received from equity method

   203     196  

Others, net

   (20,579 )   21,374  
            

Net cash used in operating activities

   (3,750,893 )   (1,900,816 )
            

 

(Continued)

 

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THE EXPORT-IMPORT BANK OF KOREA

NON-CONSOLIDATED STATEMENTS OF CASH FLOWS (Contineud)

For the six-month periods ended June 30, 2008 and 2007

(Unaudited)

 

     2008     2007  
     (In millions of Won)  

CASH FLOWS FROM INVESTING ACTIVITIES:

    

Net increase property and equipment

   (418 )   (400 )

Net increase intangible assets

   (75 )   (361 )

Others, net

   2,565     (1,628 )
            

Net cash provided by (used in) investing activities

   2,072     (2,389 )
            

CASH FLOWS FROM FINANCING ACTIVITIES:

    

Net increase in borrowings in foreign currencies

   1,588,242     70,257  

Net decrease in call money

   (41,412 )   (356,670 )

Net increase in debentures in local currency

   546,102     511,412  

Net increase in debentures in foreign currencies

   2,058,740     1,637,816  

Payment of dividends

   (24,617 )   (16,831 )
            

Net cash provided by financing activities

   4,127,055     1,845,984  
            

NET INCREASE (DECREASE) IN CASH AND DUE FROM BANKS

   378,234     (57,221 )

CASH AND DUE FROM BANKS AT BEGINNING OF PERIOD

   106,788     132,034  
            

CASH AND DUE FROM BANKS AT END OF PERIOD (Note 21)

   485,022     74,813  
            

 

See accompanying notes to non-consolidated financial statements.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS

June 30, 2008 and 2007

 

1.    Organization and Description of Business

 

The Export-Import Bank of Korea (the “Bank”) was established in 1976 as a special financial institution under the Export-Import Bank of Korea Act (the “EXIM Bank Act”) to grant financial facilities for overseas trade (i.e. import and export), investments and resources development activities. As of June 30, 2008, the Bank operates eleven domestic branches, four overseas subsidiaries and thirteen overseas offices as of June 30, 2008.

 

The Bank’s authorized capital is (Won)4,000,000 million, and, through numerous capital increases since the establishment, its paid-in capital is (Won)3,308,755 million as of June 30, 2008. The Government of the Republic of Korea (the “Government”), the Bank of Korea (“BOK”) and Korea Development Bank hold 60.15%, 35.21% and 4.64% of the ownership of the Bank, respectively, as of June 30, 2008.

 

The Bank, as a trustee of the Government, has managed The Economic Development Cooperation Fund and the Inter-Korean Cooperation Fund (the “Funds”) since June 1987 and March 1991, respectively. The Funds are accounted independently and not inclusive to the Bank’s financial statements. The Bank receives a fee from the Government for the trustee service.

 

2.    Summary of Significant Accounting Policies and Basis of Presenting Financial Statements

 

The Bank maintains its accounting records in Korean Won and prepares non-consolidated financial statements in the Korean language in conformity with accounting principles generally accepted in the Republic of Korea. Certain accounting principles applied by the Bank that conform with financial accounting standards and accounting principles in the Republic of Korea may not conform with generally accepted accounting principles in other countries. Accordingly, these financial statements are intended solely for use by only those who are informed about Korean accounting principles and practices. The accompanying non-consolidated financial statements have been condensed, restructured and translated into English from the Korean language non-consolidated financial statements.

 

Except for the items discussed in note 2 (d) to the non-consolidated financial statements, the Bank applied the same accounting policies that were adopted in the prior year’s financial statements.

 

(a)    Revenue Recognition

 

The Bank recognizes interest income from deposits, loans and securities on an accrual basis. However, the Bank recognizes interest income when payments are received for on the loans which principal or interest payments are overdue without guarantee of payment by financial institutions and of which repayment is significantly uncertain. The interest is accrued but not recognized on such loans amounted to (Won)59,113 million and (Won)50,099 million, respectively, as of June 30, 2008 and December 31, 2007. Any unpaid interest previously accrued on such loans is reversed and recorded as deduction of current period’s interest income.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(b)    Investments in Securities (excluding investments in associate and subsidiaries)

 

Classification

 

Upon acquisition, the Bank classifies debt and equity securities (excluding investments in subsidiaries) into the following categories: held-to-maturity, available-for-sale or trading securities. The Bank reevaluates appropriateness of categorization at each of balance sheet dates.

 

Investments in debt securities that the Bank has the positive intent and ability to hold to maturity are classified as held-to-maturity. Securities that are acquired principally for the purpose of selling in the short term are classified as trading securities. Investments not classified as either held-to-maturity or trading securities are classified as available-for-sale securities.

 

Initial recognition

 

Investments in securities (excluding investments in subsidiaries) are initially recognized at cost.

 

Subsequent measurement and income recognition

 

Trading securities are subsequently carried at fair value. Gains and losses arising from changes in the fair value of trading securities are included in the income statement in the period in which they arise. Available-for-sale securities are subsequently carried at fair value. Gains and losses arising from changes in the fair value of available-for-sale securities are recognized as accumulated other comprehensive income, net of tax, directly in equity. Such gains or losses are recognized in the income statement in the period of disposition or recognition of impairment losses on available-for-sale securities. Investments in available-for-sale securities that do not have readily determinable fair values are recognized at cost less impairment, if any. Held-to-maturity investments are carried at amortized cost with interest income and expense recognized in the income statement using the effective interest method.

 

Fair value information

 

The fair value of marketable securities is determined using quoted market prices as of the period end. Non-marketable equity securities are fair valued using the estimated value provided by independent external experts whose valuations models and judgments are reasonable and appropriate.

 

Impairment

 

Impairment losses are recognized when the reasonably estimated recoverable amount are less than the carrying amount and it is not obviously evidenced that impairment is unnecessary.

 

An impairment loss is reversed if the reversal can be related objectively to an event occurring after the impairment loss was recognized and a reversal of an impairment loss shall not exceed the carrying amount that would have been determined (net of amortization or depreciation) had no impairment loss been recognized in the asset in prior period. Such reversal is recognized in profit or loss.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(c)    Investments in Associates and Subsidiaries

 

Equity securities held for investment in companies which the Bank has the ability to significantly influence the investees are accounted for using the equity method. The Bank’s share in net income or net loss of investees is included in profit or loss. Changes in the retained earnings of investee are reflected in the retained earnings. Changes in the capital surplus, capital adjustments or accumulated other comprehensive income or loss of investee are reflected as gain or loss on valuation of securities accounted for using the equity method in accumulated other comprehensive income or loss.

 

If the Bank loses its significant influence on investees and discontinues the equity method of accounting, the book value at the time of losing the significant influence is considered as the acquisition cost and the securities using the equity method are classified into trading or available-for-sale securities.

 

(d)    Allowance for Loan Losses

 

Based on future loan repayment capacity of the borrower and past repayment history, the Bank classifies loans into five categories, “normal”, “precautionary”, “substandard”, “doubtful” and “estimated loss”, in accordance with the banking regulation in the Republic of Korea. Except for call loans and inter-bank loans with “normal” classification, the Bank provides for allowance by each loan classification with the amount greater of using the expected loss method or the prescribed minimum levels of reserves provided by in Financial Supervisory Service guidelines (“FSS Guideline”).

 

  i)   Expected Loss Method

 

The allowance for normal loans is calculated by multiplying each outstanding loan balance by probability of default (“PD”) and loss given default (“LGD”). The Bank provides additional allowance for considering risks associated with a certain industry and country concentration. The allowances for loans classified other than “normal” are estimated based on expected future cash flows.

 

  ii)   FSS Guidelines

 

The proscribed minimum levels of reserves in the Regulations for the Supervision of Banks guide are as follows:

 

Normal(*)

   0.85 %

Precautionary

   7 %

Substandard

   20 %

Doubtful

   50 %

Estimated loss

   100 %

 

(*)   0.9% for market sensitive sectors including construction, real estate and rental services, retail and wholesale, lodging and restaurant

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

Effective from January 1, 2008, the Bank changed its accounting estimates for the allowance for normal loans to expected loss method, which is reasonable, from using average reserve rate of local commercial banks or credit risk criteria model. Due to this accounting change, the Bank’s allowances for loan loss, acceptances and guarantees, and loan commitments decreased by (Won)192,573 million, (Won)81,595 million, and (Won)4,372 million, respectively, as of June 30, 2008 comparing to the respective allowances using the previous method.

 

(e)    Restructuring of Loans

 

A loan in which the contract terms are modified in a trouble debt restructuring program is accounted for at the present value of the expected future cash flows of the modified loan discounted at the effective interest rate of the original loan. The excess of the carrying amount over the present value of expected cash flows is recorded in allowance for loan loss in the current period. The present value discounts are recorded in allowance for loan loss and reflected as a deduction from the nominal value of the loans. If the previously recognized allowance for loan loss is greater than the present value discount, the difference is recorded as reversal of allowance for loan loss.

 

(f)    Deferred Loan Origination Fees

 

Certain fees associated with lending activities, which meet specified criteria, are deferred and amortized over the life of the loan as an adjustment to the carrying amount of the loan using the effective yield method and recognized as interest income.

 

(g)    Property, Plant and Equipment

 

Property and equipment are stated at cost, except for the items revalued in accordance with the Asset Revaluation Law. Assets acquired through investment in kind or donation are recorded at fair value upon acquisition. The fair value of the asset given up is measured and used as the cost of the asset received. The fair value of the asset received is measured and used as the cost if more clearly evident.

 

Property and equipment are depreciated over the estimated useful lives of the assets using the following methods:

 

     Useful
lives
   Depreciation method

Buildings

   10~60    Straight-line(*)

Vehicles

   4    Declining balance

Equipment

   4~20    Declining balance

 

(*)   Buildings acquired and related improvements made prior to January 1, 1995 are depreciated using the declining-balance method.

 

Significant additions or improvements extending useful lives of assets are capitalized. Normal maintenance and repairs are charged to expense as incurred.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

Property and equipment is subject to an impairment review if there are events or changes in circumstances which indicate that the carrying amount may not be recoverable. An impairment loss is recognized when the expected estimated undiscounted future net cash flows from the use of the asset and its eventual disposal are less than its carrying amount.

 

(h)   Intangible Assets

 

Intangible assets are stated at the production or purchase cost, plus incidental expenses and capital expenditures. Amortization is computed using the straight-line method over five years, and directly reduced from intangible assets.

 

Intangible assets are subject to an impairment review if there are events or changes in circumstances which indicate that the carrying amount may not be recoverable. An impairment loss is recognized by reducing the carrying amount to the recoverable amount.

 

(i)   Discount (Premium) on Debentures

 

Discount or premium on debentures issued is amortized (accredited) using the effective interest method over the life of the debentures. The amount amortized (accredited) is recognized as interest expense (income).

 

(j)   Accrued Severance Benefits

 

The Bank accrues severance benefits for employees and directors with more than one year of employment. The Bank recognizes accrued severance benefits with the estimated amount, which would be payable if all employees left on the balance sheet date, greater of under its own severance plan or the labor codes of the Republic of Korea. Under the National Pension Scheme of Korea, the Bank had transferred a certain portion of retirement allowances for employees to the National Pension Fund. The amount transferred is reducing the accrued severance benefit amount.

 

(k)   Allowance for Loss on Acceptances and Guarantees

 

The Bank provides allowance for loss on outstanding acceptances and guarantees, the amount after considering the credit conversion factors (CCF), using the same allowance methodology used for estimating allowance for loan loss. However, the Bank does not provide the additional allowance for risks associated with a certain industry and country concentration for unconfirmed acceptances and guarantees.

 

(l)   Allowance for Unused Loan Commitments

 

The Bank provides allowance for loss on unused loan commitments, the amount after considering the credit conversion factors (CCF), using the same allowance methodology used for estimating allowance for loan loss. However, the Bank does not provide the additional allowance for risks associated with a certain industry and country concentration for unused loan commitments.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(m)   Contingent Liabilities

 

Provisions are recognized when all of the following are met: (1) the Bank has a present obligation as a result of a past event; (2) it is probable that an outflow of resources embodying economic benefits will be required to settle the obligation; and (3) a reliable estimate can be made of the amount of the obligation. Where the effect of the time value of money is material, a provision is recorded at the present value of the expenditures expected to be required to settle the obligation.

 

Where the expenditure required to settle a provision is expected to be reimbursed by third party, the reimbursement is recognized as a separate asset when, and only when, it is virtually certain that reimbursement will be received if the Company settles the obligation. The expense generated by the provision is presented net of the amount of expected reimbursement.

 

(n)   Derivatives

 

The Bank accounts for financial derivative instruments in accordance with the Interpretations on Financial Accounting Standards 53-70 “Accounting for Derivatives”. Financial derivative instruments are classified for trading or for hedging based on their transaction purpose. All derivative instruments are accounted for at fair value. If the derivative instrument is not part of a transaction qualifying as a hedge, the adjustment to fair value is reflected in current operations. Fair value hedge accounting is applied to the derivative instrument designated for hedging the exposures from changes in the fair value of an asset, a liability or a confirmed commitment (hedged item) and qualified the specified criteria. Changes in the fair value of derivative instruments that are designated and qualified as fair value hedges are recorded in the current operation, together with any changes in the fair value of the hedged asset or liability that are attributable to the hedged risk.

 

(o)   Income Taxes

 

Income taxes on comprises current portion of income tax obligation pursuant to the tax codes plus changes in deferred taxes. Deferred tax is provided using the asset and liability method, providing for temporary differences between the carrying amount of assets and liabilities for financial reporting purposes and the amount used for tax purposes. IA deferred tax liability is recognized all temporary differences as long as they are not specified exception items in the Financial Accounting Standards of the Republic of Korea. A deferred tax asset is recognized only to the extent that it is probable that future taxable income will be available against which the unused tax losses and credits can be utilized. The amount of deferred tax provided is based on the expected manner of realization or settlement of the carrying amount of assets and liabilities, using tax rates enacted or substantively enacted at the balance sheet date. Income taxes relates to items recognized directly in equity, in which case it is recognized in equity.

 

(p)   Foreign Currency Translation

 

Monetary assets and liabilities denominated in foreign currencies are translated into Korean Won at the balance sheet date, with the resulting gains or losses recognized in the income statement. Monetary assets and liabilities denominated in foreign currencies are translated into Korean Won

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

at (Won)1,043.40 and (Won)938.20 to USD 1 based on the basic exchange rate and the cross exchange rate announced by the Seoul Monetary Brokerage Services Ltd. on June 30, 2008 and December 31, 2007. Financial statements of foreign-based operations, branches and companies accounted for using the equity method, are translated at the rate of exchange at the balance sheet date.

 

(q)   Earnings Per Share

 

Earning per share is not computed as the Bank does not issue physical stock certificates.

 

(r)   Use of Estimates

 

The preparation of non-consolidated financial statements in accordance with accounting principles generally accepted in the Republic of Korea requires management to make estimates and assumptions that affect the amount reported in the non-consolidated financial statements and related notes to (non-consolidated) financial statements. The estimates include book value of property and equipment, and valuation of loans and deferred tax assets. Actual results could differ from those estimates.

 

3.    Due from Banks

 

(a)    Due from banks as of June 30, 2008 and December 31, 2007 are as follows:

 

    

Financial institution

   Interest
(%)
   2008    2007
               (in millions of Won)

Local currency:

           

Reserve deposit

   BOK       9    4

Demand deposits

   KEB and others       2,634    1,676

Time deposits

   Woori Bank    5.81    200,000    2,100

Certificate of deposits

   Hana Bank and others    5.56~5.59    219,660    —  

Others

   SC First Bank and others    3.93~4.57    17,500    18,777
               
         439,803    22,557
               

Foreign currency:

           

Demand deposits

   KEB, Bank of New York, JP Morgan Chase Bank, N.A., New York and others    2.00~4.00    45,219    49,279

Time deposits

   KEB       —      37,528
               
         45,219    86,807
               
         485,022    109,364
               

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(b)    Restricted due from banks as of June 30, 2008 and December 31, 2007 are as follows:

 

    

Financial institution

   Interest
(%)
   2008    2007(*)
               (in millions of Won)

Due from bank in local currency:

           

Time deposits

   Woori Bank    5.20    —      2,100

Other

   Industrial Bank of Korea    3.60    —      476
               
             —      2,576
               

 

(*)   The restricted deposits as of December 31, 2007 represent the reserve amount after settling the principal of Daewoo Poland FSO’s loan with the proceeds from the sale of collateral, shares of Doosan Infracore Co., Ltd.. The deposits were reserved for a potential settlement of additional incidental costs. The reserve was paid out to Korea Export Insurance Corporation during the six-month period ended June 30, 2008.

 

(c)   Due from banks by financial institution as of June 30, 2008 and December 31, 2007 are as follows:

 

     2008    2007
     Local
currency
   Foreign
currencies
   Total    Local
currency
   Foreign
currencies
   Total
     (in millions of Won)

Banks

   439,803    45,043    484,846    22,557    86,633    109,190

Others

   —      176    176    —      174    174
                             
   439,803    45,219    485,022    22,557    86,807    109,364
                             

 

(d)    The maturities of due from banks as of June 30, 2008 are as follows:

 

     Due in
3 months
or less
   Due after
3 months to
6 months
   Due after
6 months to
1 year
   Total
     (in millions of Won)

Due from bank in local currency

   20,143    419,660    —      439,803

Due from bank in foreign currencies

   45,219    —      —      45,219
                   
   65,362    419,660        —      485,022
                   

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

4.     Securities

 

(a)   Securities as of June 30, 2008 and December 31, 2007 are as follows:

 

     2008    2007
     (in millions of Won)

Available-for-sale securities:

     

Marketable equity securities

   1,334,606    1,363,124

Non-marketable equity securities

   1,042,032    1,077,404

Equity investment

   1,276    1,276

Government and public bonds

   1    1
         
   2,377,915    2,441,805

Securities using equity method

   104,399    92,972
         
   2,482,314    2,534,777
         

 

(b)    Marketable equity securities as of June 30, 2008 and December 31, 2007 are as follows:

 

2008

 

     No. of shares    Ownership
(%)
   Book value
before fair
value
adjustment
   Fair value
(book value)
               (in millions of Won)

KEB

   40,314,387    6.25    584,559    578,511

Industrial Bank of Korea

   8,501,153    2.10    149,620    135,593

Daewoo International Corporation(*1)

   10,996,400    11.58    385,028    425,803

SK Networks Co., Ltd.(*1)

   10,514,605    4.39    219,930    170,158

Hyundai Corporation(*1)

   1,031,600    4.42    21,060    24,406

SG Global Corporation(*2)

   20,633    0.16    165    135
               
         1,360,362    1,334,606
               

 

(*1)   These securities, except for 449,276 shares of Hyundai Corporation, are restricted for sale as of June 30, 2008.
(*2)   Choongnam Spinning Co., Ltd changed its name to SG Global Corporation during the six-month period ended June 30, 2008.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

2007

 

     No. of shares    Ownership
(%)
   Book value
before fair
value
adjustment
   Fair value
(book value)
               (in millions of Won)

KEB

   40,314,387    6.25    518,040    584,558

Industrial Bank of Korea

   8,501,153    2.10    145,795    149,620

Daewoo International Corporation(*1)

   10,996,400    11.58    369,006    385,028

SK Networks Co., Ltd.(*1)

   10,514,605    4.39    219,568    219,930

Hyundai Corporation(*1)

   1,031,600    4.62    19,695    21,060

Hyundai IT Corporation(*1)

   2,337,955    9.20    4,660    2,471

Choongnam Spinning Co., Ltd.(*1)

   57,173    0.45    286    457
               
         1,277,050    1,363,124
               

 

(*1)   These securities, except for 985,581 shares of SK Networks Co,. Ltd. and 449,276 shares of Hyundai Corporation, are restricted for sale as of December 31, 2007.

 

(c)    Non-marketable equity securities as of June 30, 2008 and December 31, 2007 are as follows:

 

2008

 

     No. of shares    Ownership
(%)
   Book value
before fair
value
adjustment
   Book value
               (in millions of Won)

Korea Highway Corp.

   95,000,000    4.57    950,000    950,000

Industrial Bank of Korea (preferred stock)

   6,210,000    11.69    98,366    89,145

Korea Ship Finance

   254,000    14.99    1,270    1,270

Daewoo Electronics Corp.

   224,580    0.21    133    162

Pantech Co., Ltd.

   19,944,000    7.13    319    199

Pantech & Curitel Co., Ltd.

   11,160,000    2.20    1,205    1,127

Korea Data Systems Co., Ltd (KDS)

   320    0.24    11    2

Others

   39,608    —      130    127
               
         1,051,434    1,042,032
               

 

As of June 30, 2008, the Bank recorded the fair value of the shares of Industrial Bank of Korea (preferred stock), Daewoo Electronics Corp., Pantech Co., Ltd., Pantech & Curitel Co., Ltd. and Korea Data Systems Co., Ltd. by using the fair value information from external evaluation agencies. The other securities were recorded at the acquisition costs since the fair value was difficult to be measured. The shares of Daewoo Electronics Corp., Pantech Co., Ltd. and Pantech & Curitel Co., Ltd. are restricted for sale as of June 30, 2008.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

2007

 

     No. of shares    Ownership
(%)
   Book value
before
adjustment
   Book value
               (in millions of Won)

Korea Highway Corp.

   95,000,000    4.72    950,000    950,000

Industrial Bank of Korea (preferred stock)

   6,210,000    11.69    101,179    98,366

SK Networks Co., Ltd. (preferred stock)

   317,501    9.64    21,500    25,977

Korea Ship Finance

   254,000    14.99    1,270    1,270

Daewoo Electronics Corp.

   224,580    0.21    263    133

Pantech Co., Ltd.

   19,944,000    7.13    2,732    319

Pantech & Curitel Co., Ltd.

   11,160,000    2.20    603    1,205

Others

   40,860    —      134    134
               
         1,077,681    1,077,404
               

 

As of December 31, 2007, the Bank recorded the fair value of the shares of Industrial Bank of Korea (preferred stock), SK Networks Co., Ltd. (preferred stock), Daewoo Electronics Corp., Pantech Co., Ltd. and Pantech & Curitel Co., Ltd. by using the fair value information from external evaluation agencies. The other securities were recorded at acquisition costs since the fair value was difficult to be measured. The shares of SK Networks Co., Ltd. (preferred stock) and Daewoo Electronics Corp. are restricted for sale as of December 31, 2007.

 

(d)   Equity investment as of June 30, 2008 and December 31, 2007 were as follows:

 

2008

 

     Ownership
(%)
   Book value before
fair value
adjustment
   Book value
          (in millions of Won)

Korea Asset Management Corporation

   0.47    1,220    1,220

Korea Money Broker Corporation

   0.56    56    56
            
      1,276    1,276
            

 

2007

 

     Ownership
(%)
   Book value before
adjustment
   Book value
          (in millions of Won)

Korea Asset Management Corporation

   0.47    1,220    1,220

Korea Money Broker Corporation

   0.56    56    56
            
      1,276    1,276
            

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(e)   Available-for-sale securities not recorded at fair value as of June 30, 2008 and December 31, 2007 are as follows:

 

     2008    2007   

Reason

     (in millions of Won)     

Non-marketable equity securities

   951,398    951,404    Difficulty in measure the fair value due to non-marketable nature

Equity investment

   1,276    1,276   
            
   952,674    952,680   
            

 

(f)   Disposals of securities during the six-month period and year ended June 30, 2008 and 2007, respectively, are as follows:

 

2008

 

     No. of shares    Disposed
price
   Acquisition
costs
   Realized
gain (loss)
 
          (in millions of Won)  

SK Networks Co., Ltd.

   317,501    27,781    14,405    13,376  

Hyundai IT Corporation

   2,337,955    2,367    4,660    (2,293 )

SG Global Corporation

   36,540    302    183    119  
                   
      30,450    19,248    11,202  
                   

 

2007

 

     No. of shares    Disposed
price
   Acquisition
costs
   Realized
gain (loss)
          (in millions of Won)

SK Networks Co., Ltd.

   2,142,812    85,157    29,602    55,555
                 
      85,157    29,602    55,555
                 

 

(g)   Details of securities using equity method as of June 30, 2008 and December 31, 2007 are as follows:

 

     Ownership
(%)
   Acquisition
costs
   2008
Net asset
value
   2007
Net asset
value
          (in millions of Won)

KEXIM Bank UK Limited

   100.00    41,590    51,691    45,738

KEXIM Vietnam Leasing Co.

   100.00    13,564    8,133    7,035

PT. KOEXIM Mandiri Finance

   85.00    5,003    14,076    11,735

KEXIM Asia Limited

   100.00    31,302    30,499    28,464
                 
      91,459    104,399    92,972
                 

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(h)   As of June 30, 2008 and December 31, 2007, the valuation gain and loss on securities using equity method are as follows:

 

2008

 

     Beginning
balances
   Dividend    Gain and
Loss
   Change in the
capital
    Others    Ending
balances
     (in millions of Won)

KEXIM Bank UK Limited

   45,738    123    1,064    —       5,012    51,691

KEXIM Vietnam Leasing Co.

   7,035    —      309    —       789    8,133

PT. KOEXIM Mandiri Finance

   11,735    32    810    —       1,563    14,076

KEXIM Asia Limited

   28,464    51    670    (1,775 )   3,191    30,499
                              
   92,972    206    2,853    (1,775 )   10,555    104,399
                              

 

2007

 

     Beginning
balances
   Dividend    Gain and
Loss
   Change in the
capital
    Others     Ending
balances
     (in millions of Won)

KEXIM Bank UK Limited

   43,029    78    1,610    —       1,177     45,738

KEXIM Vietnam Leasing Co.

   6,777    —      195    —       63     7,035

PT. KOEXIM Mandiri Finance

   11,477    58    649    —       (333 )   11,735

KEXIM Asia Limited

   29,273    60    902    (1,921 )   270     28,464
                               
   90,556    196    3,356    (1,921 )   1,177     92,972
                               

 

(*)   Due to the time lag in obtaining audited or reviewed financial statements of the investees for the preparation of the Bank’s financial statements, the financial statements prepared by the investees’ management have been used for equity method accounting. The Bank performed additional procedures to review the reliability of those financial statements prepared by the investees’ management.

 

(i)   The changes in negative goodwill for the six-month period and year ended June 30, 2008 and December 31, 2007, respectively, are as follows:

 

2008

 

     Beginning
balances
    Increases    Decreases     Ending
balances
 
     (in millions of Won)  

PT. KOEXIM Mandiri Finance

   (140 )   —      (21 )   (119 )
                       
   (140 )   —      (21 )   (119 )
                       

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

2007

 

     Beginning
balances
    Increases    Decreases     Ending
balances
 
     (in millions of Won)  

PT. KOEXIM Mandiri Finance

   (216 )   —      (76 )   (140 )
                       
   (216 )   —      (76 )   (140 )
                       

 

(j)   The summary of financial positions and operation results of the equity method accounted investees as of June 30, 2008 and December 31, 2007 are as follows:

 

2008

 

     Assets    Liabilities    Stockholders’
equity
   Net income
     (in millions of Won)

KEXIM Bank UK Limited

   441,154    389,463    51,691    948

KEXIM Vietnam Leasing Co.

   108,383    100,250    8,133    309

PT. KOEXIM Mandiri Finance

   119,026    102,328    16,698    873

KEXIM Asia Limited

   312,008    281,509    30,499    618
                   
   980,571    873,550    107,021    2,748
                   

 

2007

 

     Assets    Liabilities    Stockholders’
equity
   Net income
     (in millions of Won)

KEXIM Bank UK Limited

   348,076    302,338    45,738    1,518

KEXIM Vietnam Leasing Co.

   73,386    66,351    7,035    195

PT. KOEXIM Mandiri Finance

   109,561    95,591    13,970    681

KEXIM Asia Limited

   255,521    227,057    28,464    909
                   
   786,544    691,337    95,207    3,303
                   

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(k)   Changes in valuation gain (loss) on available-for-sale securities and securities using equity method for the six-month period and year ended June 30, 2008 and December 31, 2007, respectively, are as follows:

 

2008

 

     Beginning
balance
    Unrealized
gain (loss)
    Disposal     Ending
balance
 
     (in millions of Won)  

Securities using equity method

   (1,423 )   (2,364 )   —       (3,787 )
                        

Available-for-sale securities:

        

Equity securities

   619,185     (25,478 )   (6,891 )   586,816  

Debt securities

   —       —       —       —    
                        
   619,185     (25,478 )   (6,891 )   586,816  
                        
   617,762     (27,842 )   (6,891 )   583,029  
                        

 

2007

 

     Beginning
balance
    Unrealized
gain (loss)
    Disposal     Ending
balance
 
     (in millions of Won)  

Securities using equity method

   (31 )   (1,392 )   —       (1,423 )
                        

Available-for-sale securities:

        

Equity securities

   612,252     (23,493 )   30,426     619,185  

Debt securities

   386     —       (386 )   —    
                        
   612,638     (23,493 )   30,040     619,185  
                        
   612,607     (24,885 )   30,040     617,762  
                        

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

5.    Loans

 

(a)   Loans outstanding as of June 30, 2008 and December 31, 2007 are as follows:

 

     2008     2007  
     (in millions of Won)  

Loans in local currency:

    

Loans for export

   3,547,490     2,724,886  

Loans for overseas investment

   75,163     60,207  

Loans for import

   952,208     747,227  

Others

   238,746     238,747  
            
   4,813,607     3,771,067  
            

Loans in foreign currencies:

    

Loans for export

   9,735,620     7,755,056  

Loans for overseas investment

   7,293,304     4,756,777  

Trading note rediscount loans

   1,055,266     922,161  

Loans for import

   1,021,984     802,940  

Overseas funding loans

   699,240     631,712  

Domestic usance bills

   127,642     114,623  

Privately placed bonds

   2,212     1,989  

Inter-bank loans

   368,288     100,801  

Others

   124     126  
            
   20,303,680     15,086,185  

Deferred loan origination fees

   (7,563 )   (7,208 )

Valuation adjustment of loans in foreign currencies(*1)

   75,989     59,430  
            
   20,372,106     15,138,407  
            

Bills bought in local currency

   75,324     82,209  
            

Bills bought in foreign currencies

   741,163     541,807  
            

Advances for customers

   —       782  
            

Call loans:

    

Call loans in local currency

   —       210,000  

Call loans in foreign currencies

   1,107,089     1,046,484  
            
   1,107,089     1,256,484  
            

Total loans before allowances for loan loss

   27,109,289     20,790,756  
            

Allowance for loan loss

   (730,242 )   (691,456 )
            

Loans after allowance for loan loss

   26,379,047     20,099,300  
            

 

(*1)   Interest rate swap was contracted to hedge the changes in the fair value of loan commitment in foreign currencies resulting from the volatility in the interest rate. The gain on valuation of loan commitment, which was confirmed, was recognized as valuation adjustment of loans in foreign currencies.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(b)    Loans classified by customer as of June 30, 2008 and December 31, 2007 are as follows:

 

2008

 

     Loans in
local currency
   Loans in foreign
currencies(**)
   Total    Ratio
(%)
     (in millions of Won)

Large corporations

   3,488,401    5,382,479    8,870,880    35.32

Small and medium company(*)

   1,325,206    1,357,001    2,682,207    10.68

Public and others

   —      13,564,200    13,564,200    54.00
                   
   4,813,607    20,303,680    25,117,287    100.00
                   

 

2007

 

     Loans in
local currency
   Loans in foreign
currencies(**)
   Total    Ratio
(%)
     (in millions of Won)

Large corporations

   2,601,548    4,279,257    6,880,805    36.49

Small and medium company(*)

   1,169,519    920,539    2,090,058    11.08

Public and others

   —      9,886,389    9,886,389    52.43
                   
   3,771,067    15,086,185    18,857,252    100.00
                   

 

(*)   Small and medium company is defined in Paragraph 1 of Article 2 of the Small and Medium Company Law.
(**)   The amount of loans in foreign currencies in the above table exclude deferred loan origination fees and valuation adjustment of loans in foreign currencies.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(c)    Loans classified by industry as of June 30, 2008 and December 31, 2007 are as follows:

 

2008

 

     Loans in
local currency
   Loans in foreign
currencies(*)
   Others    Total    Ratio
(%)
     (in millions of Won)

Manufacturing

   3,957,759    6,263,976    306,496    10,528,231    38.93

Transportation

   80,750    6,918,499    20,299    7,019,548    25.96

Finance and insurance

   —      3,594,439    1,491,138    5,085,577    18.81

Wholesale and retail

   330,151    768,002    76,743    1,174,896    4.34

Real estate

   —      80,203    —      80,203    0.30

Construction

   409,150    93,697    —      502,847    1.86

Public and others

   35,797    2,584,864    28,900    2,649,561    9.80
                        
   4,813,607    20,303,680    1,923,576    27,040,863    100.00
                        

 

2007

 

     Loans in
local currency
   Loans in foreign
currencies(*)
   Others    Total    Ratio
(%)
     (in millions of Won)

Manufacturing

   3,205,393    4,783,882    253,774    8,243,049    39.75

Transportation

   36,250    5,177,496    27,963    5,241,709    25.27

Finance and insurance

   —      2,857,887    1,513,713    4,371,600    21.08

Wholesale and retail

   302,839    396,945    85,832    785,616    3.79

Real estate

   —      58,131    —      58,131    0.28

Construction

   207,720    81,905    —      289,625    1.40

Public and others

   18,865    1,729,939    —      1,748,804    8.43
                        
   3,771,067    15,086,185    1,881,282    20,738,534    100.00
                        

 

(*)   The amount of loans in foreign currencies in the above table exclude deferred loan origination fees and valuation adjustment of loans in foreign currencies.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(d)   Loans classified by risk-possessive country as of June 30, 2008 and December 31, 2007 are as follows:

 

2008

 

     Loans in
local currency
   Loans in foreign
currencies(*)
   Others    Total    Ratio
(%)
     (in millions of Won)

Asia:

              

Korea

   4,813,607    9,434,208    1,068,880    15,316,695    56.64

Iran

   —      1,351,995    88,174    1,440,169    5.33

Qatar

   —      859,865    518    860,383    3.18

Singapore

   —      749,382    22,520    771,902    2.85

Saudi Arabia

   —      569,098    759    569,857    2.11

Oman

   —      378,754    —      378,754    1.40

Indonesia

   —      339,180    4,793    343,973    1.27

Others

   —      1,182,097    225,306    1,407,403    5.20
                        
   4,813,607    14,864,579    1,410,950    21,089,136    77.98
                        

Europe:

              

England

   —      907,939    15,216    923,155    3.41

Greece

   —      591,063    —      591,063    2.19

Russia

   —      544,795    43,571    588,366    2.18

Ireland

   —      542,568    —      542,568    2.03

Others

   —      1,879,936    135,709    2,015,645    7.45
                        
   —      4,466,301    194,496    4,660,797    17.26
                        

America:

              

Canada

   —      382,172    86    382,258    1.41

Brazil

   —      186,913    —      186,913    0.69

Mexico

   —      158,619    1,106    159,725    0.59

Chile

   —      38,645    —      38,645    0.14

USA

   —      12,019    307,001    319,020    1.18

Others

   —      9,834    5,319    15,153    0.06
                        
   —      788,202    313,512    1,101,714    4.07
                        

Africa:

              

Madagascar

   —      142,862    —      142,862    0.53

South Africa

   —      —      3,334    3,334    0.01

others

   —      —      1,107    1,107    0.00
                        
   —      142,862    4,441    147,303    0.54
                        

Oceania:

              

Australia

   —      41,736    177    41,913    0.15
                        
   4,813,607    20,303,680    1,923,576    27,040,863    100.00
                        

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

2007

 

     Loans in
local currency
   Loans in foreign
currencies(*)
   Others    Total    Ratio
(%)
     (in millions of Won)

Asia:

              

Korea

   3,771,067    6,693,160    1,072,704    11,536,931    55.63

Iran

   —      1,042,572    109,028    1,151,600    5.55

Singapore

   —      618,642    13,433    632,075    3.05

Qatar

   —      511,000    —      511,000    2.46

Saudi Arabia

   —      425,010    2,828    427,838    2.06

Indonesia

   —      328,665    702    329,367    1.59

Hong Kong

   —      170,228    65,127    235,355    1.14

India

   —      194,915    1,007    195,922    0.95

Others

   —      699,790    134,661    834,451    4.02
                        
   3,771,067    10,683,982    1,399,490    15,854,539    76.45
                        

Europe:

              

England

   —      621,355    238,488    859,843    4.15

Russia

   —      543,755    15,793    559,548    2.70

Greece

   —      557,818    —      557,818    2.69

Ireland

   —      487,864    —      487,864    2.35

Others

   —      1,429,795    201,061    1,630,856    7.86
                        
   —      3,640,587    455,342    4,095,929    19.75
                        

America:

              

Canada

   —      360,197    107    360,304    1.73

Brazil

   —      171,252    —      171,252    0.83

Mexico

   —      167,829    305    168,134    0.81

USA

   —      11,098    25,128    36,226    0.17

Others

   —      13,713    64    13,777    0.07
                        
   —      724,089    25,604    749,693    3.61
                        

Africa:

              

South Africa

   —      —      827    827    0.01
                        

Oceania:

              

Australia and others

   —      37,527    19    37,546    0.18
                        
   3,771,067    15,086,185    1,881,282    20,738,534    100.00
                        

 

(*)   The amount of loans in foreign currencies in the above table exclude deferred loan origination fees and valuation adjustment of loans in foreign currencies.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(e)   The restructured loans as of June 30, 2008 are as follows:

 

    

Company

   Loan
Amount
   Allowances
          (in millions of Won)

Restoration procedure and rearrangement

   Hanam Electronics Co., Ltd. and another company    1,121    372

Individual agreements

   Financial loan to Russia and 2 other companies    249,399    19,702
            
      250,520    20,074
            

 

(f)   Changes in the present value discounts relating to the restructured loans for the six-month period and year ended June 30, 2008 and December 31, 2007, respectively, are as follows:

 

2008

 

    Discount
rate (%)
  Term
(year)
  Beginning
balance
  Addition   Amortization     Changes in
exchange
rate
  Ending
balance
            (in millions of Won)

Restoration procedure and rearrangement

  4.22~4.99   9~10   195   —     (18 )   —     177

Individual agreements(*1)

  4.12~5.30   9~18   37,581   —     (2,221 )   4,161   39,521
                         
      37,776   —     (2,239 )   4,161   39,698
                         

 

2007

 

    Discount
rate (%)
  Term
(year)
  Beginning
balance
  Addition   Amortization     Changes in
exchange
rate
  Ending
balance
            (in millions of Won)

Restoration procedure and composition

  4.22~4.99   9~10   662   1,071   (1,547 )   9   195

Individual agreements(*1)

  4.12~5.30   9~18   42,140   —     (4,912 )   353   37,581
                         
      42,802   1,071   (6,459 )   362   37,776
                         

 

(*1)   As of December 1, 2002, the Bank restructured the remaining loan balance of USD 299 million overdue loan to Russia (USD 422 million—the principal and interest amounting to USD 262 million and USD 160 million, respectively at the time of restructuring) after the reduction of unpaid interest of USD 123 million in accordance with the bilateral agreement between the Government and Russia. As of June 30, 2008 and December 31, 2007, the balance of restructured loan to Russia was (Won)193,113 million and (Won)178,802 million, respectively, and the balance of present value discounts was (Won)33,538 million and (Won)31,678 million, respectively.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(g)   The maturities of loans as of June 30, 2008 and December 31, 2007 are as follows:

 

2008

 

     Loans in
local currency
   Loans in foreign
currencies(*)
   Others    Total    Ratio
(%)
     (in millions of Won, except ratio)

Due in 3 months or less

   996,748    2,987,013    1,683,624    5,667,385    20.96

Due after 3 months to 6 months

   1,398,667    1,004,258    164,744    2,567,669    9.50

Due after 6 months to 1 year

   2,040,343    1,486,187    13,718    3,540,248    13.09

Due after 1 year to 2 years

   87,355    1,368,080    3,953    1,459,388    5.40

Due after 2 years to 3 years

   12,354    1,301,418    —      1,313,772    4.85

Due after 3 years to 4 years

   36,696    510,455    8,252    555,403    2.05

Due after 4 years to 5 years

   27,000    680,721    —      707,721    2.62

Due after 5 years

   214,444    10,965,548    49,285    11,229,277    41.53
                        
   4,813,607    20,303,680    1,923,576    27,040,863    100.00
                        

 

2007

 

     Loans in
local currency
   Loans in foreign
currencies(*)
   Others    Total    Ratio
(%)
     (in millions of Won, except ratio)

Due in 3 months or less

   1,085,544    1,805,489    1,635,305    4,526,338    21.83

Due after 3 months to 6 months

   1,637,681    1,060,324    111,027    2,809,032    13.54

Due after 6 months to 1 year

   691,062    1,181,812    58,496    1,931,370    9.31

Due after 1 year to 2 years

   86,013    580,505    21,325    687,843    3.32

Due after 2 years to 3 years

   22,627    1,063,403    —      1,086,030    5.24

Due after 3 years to 4 years

   33,696    560,599    8,481    602,776    2.91

Due after 4 years to 5 years

   —      566,257    —      566,257    2.73

Due after 5 years

   214,444    8,267,796    46,648    8,528,888    41.12
                        
   3,771,067    15,086,185    1,881,282    20,738,534    100.00
                        

 

(*)   The amount of loans in foreign currencies in the above table exclude deferred loan origination fees and valuation adjustment of loans in foreign currencies.

 

6.    Allowances for Loan Losses

 

(a)    The allowances for loan losses as of June 30, 2008 and December 31, 2007 are as follows:

 

     2008    2007
     (in millions of Won)

Loans in local currency

   120,111    94,801

Loans in foreign currencies

   576,865    564,233

Bills bought in local currency and foreign currencies

   33,266    32,415

Advances for customers

   —      7
         
   730,242    691,456
         

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(b)   As of June 30, 2008 and December 31, 2007, loan balances and allowances for loan losses by credit risk classification are as follows:

 

2008

 

    Loan balance by credit risk classification
    Normal   Pre-
cautionary
  Substandard   Doubtful   Estimated
loss
  Total
    (in millions of Won)

Loans in local currency

  4,735,049   14,818   25,090   20,405   18,245   4,813,607

Loans in foreign currencies

  19,683,020   213,984   22,189   1,813   14,386   19,935,392

Bills bought in local currency and foreign currencies

  749,824   66,663   —     —     —     816,487

Suspense payments on credit

  —     —     60   —     —     60
                       
  25,167,893   295,465   47,339   22,218   32,631   25,565,546
                       

 

The loan balances stated in the above table do not include the present value discounts (fair value adjustments for hedged items). Inter-bank loans of (Won)368,288 million and call loans of (Won)1,107,089 million, which were classified as normal, are excluded from the loan balances stated in the above table. The valuation adjustment of loans in foreign currencies of (Won)75,989 million and deferred loan origination fees of (Won)7,563 million are also excluded from the loan balances stated in the above table.

 

     Allowance for loan losses by credit risk classification
     Normal    Pre-
cautionary
   Substandard    Doubtful    Estimated
loss
   Total
     (in millions of Won)

Loans in local currency

   68,693    2,905    10,925    19,317    18,245    120,085

Loans in foreign currencies

   502,643    48,435    9,685    1,715    14,387    576,865

Bills bought in local currency and foreign currencies

   17,177    16,089    —      —      —      33,266

Suspense payments on credit

   —      —      26    —      —      26
                             
   588,513    67,429    20,636    21,032    32,632    730,242
                             

 

2007

 

    Loan balance by credit risk classification
    Normal   Pre-
cautionary
  Substandard   Doubtful   Estimated
loss
  Total
    (in millions of Won)

Loans in local currency

  3,708,024   14,233   29,791   4,088   14,931   3,771,067

Loans in foreign currencies

  14,751,318   209,174   12,638   2,343   9,911   14,985,384

Bills bought in local currency and foreign currencies

  556,041   67,975   —     —     —     624,016

Advances for customers

  782   —     —     —     —     782

Suspense payments on credit

  —     —     61   —     7   68
                       
  19,016,165   291,382   42,490   6,431   24,849   19,381,317
                       

 

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Table of Contents

THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

The loan balances stated in the above table do not include the present value discounts (fair value adjustments for hedged items). Inter-bank loans of (Won)100,801 million and call loans of (Won)1,256,484 million, which were classified as normal, are excluded from the loan balances stated in the above table. The valuation adjustment of loans in foreign currencies of (Won)59,430 million and deferred loan origination fees of (Won)7,208 million are also excluded from the loan balances stated in the above table.

 

     Allowance for loan losses by credit risk classification
     Normal    Pre-
cautionary
   Substandard    Doubtful    Estimated
loss
   Total
     (in millions of Won)

Loans in local currency

   60,188    2,803    12,971    3,875    14,931    94,768

Loans in foreign currencies

   499,264    47,300    5,542    2,216    9,911    564,233

Bills bought in local currency and foreign currencies

   16,129    16,286    —      —      —      32,415

Advances for customers

   7    —      —      —      —      7

Suspense payments on credit

   —      —      26    —      7    33
                             
   575,588    66,389    18,539    6,091    24,849    691,456
                             

 

(c)   Changes in allowances for loan losses for the six-month period and year ended June 30, 2008 and December 31, 2007, respectively, are as follows:

 

     2008     2007  
     (in millions of Won)  

Beginning balance

   691,456     643,400  

Provision for (reversal of) loan losses

   (28,114 )   59,351  

Write-off

   (2,350 )   (1,093 )

Debt for equity swap

   —       (15,706 )

Decrease in present value discounts

   (2,239 )   (6,459 )

Changes in exchange rates and others(*)

   71,489     11,963  
            

Ending balance

   730,242     691,456  
            

 

(*)   Changes in exchange rates and others were mainly derived from the adjustments in foreign currency translation on allowances for loan losses and recovery of written-off loans.

 

(d)   The ratio of allowances to loans for the previous 3 periods are as follows:

 

     2008.06.30    2007.12.31    2006.12.31
     (in millions of Won, except ratio)

Loans subject to allowance for loan losses

   25,565,546    19,381,317    14,671,861

Allowances for loan losses

   730,242    691,456    643,400
              

Ratio (%)

   2.86    3.57    4.39
              

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

7.    Property and Equipment

 

(a)   Property and equipment and the related accumulated depreciation as of June 30, 2008 and December 31, 2007 are as follows:

 

     2008    2007
     Acquisition
cost
   Accumulated
depreciation
   Book
value
   Acquisition
cost
   Accumulated
depreciation
   Book
value
     (in millions of Won)

Land

   4,484    —      4,484    4,484    —      4,484

Buildings

   43,633    15,037    28,596    43,633    14,296    29,337

Vehicles

   1,877    1,351    526    1,828    1,375    453

Equipments

   14,920    12,754    2,166    14,755    12,149    2,606
                             
   64,914    29,142    35,772    64,700    27,820    36,880
                             

 

(b)   The published value of land was (Won)103,011 million and (Won)113,540 million as of June 30, 2008 and December 31, 2007, respectively.

 

(c)   Changes in book value of property and equipment for the six-month period and year ended June 30, 2008 and December 31, 2007, respectively, are as follows:

 

2008

 

     Beginning
balance
   Acquisition    Disposal    Depreciation    Ending
Balance
     (in millions of Won)

Land

   4,484    —      —      —      4,484

Buildings

   29,337    —      —      741    28,596

Vehicles

   453    247    1    173    526

Equipments

   2,606    215    2    653    2,166
                        
   36,880    462    3    1,567    35,772
                        

 

2007

 

     Beginning
balance
   Acquisition    Disposal    Depreciation    Ending
balance
     (in millions of Won)

Land

   4,484    —      —      —      4,484

Buildings

   30,833    —      —      1,496    29,337

Vehicles

   415    347    5    304    453

Equipments

   3,278    1,127    6    1,793    2,606
                        
   39,010    1,474    11    3,593    36,880
                        

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(d)    Insured assets as of June 30, 2008 and December 31, 2007 are as follows:

 

          2008    2007
    

Insurance company

   Book value    Insured
amount
   Book value    Insured
amount
          (in millions of Won)

Buildings

  

LIG Insurance Co., Ltd. and others

   28,596    26,128    29,337    26,128

Equipments

  

LIG Insurance Co., Ltd. and others

   2,167    2,503    2,606    2,822
                      
      30,763    28,631    31,943    28,950
                      

 

In addition to the above, the Bank carries a commercial liability package, which has (Won)80 million coverage per accidental death and maximum coverage of (Won)300 million per accidental property damage, gas liability insurance and a comprehensive auto insurance covering all vehicles.

 

8.    Other Assets

 

(a)    Intangible assets as of June 30, 2008 and December 31, 2007 are as follows:

 

     2008    2007
     (in millions of Won)

Acquisition cost

   11,713    11,639

Accumulated amortization

   8,992    7,823
         

Book value

   2,721    3,816
         

 

(b)   Changes in intangible assets for the six-month period and year ended June 30, 2008 and December 31, 2007, respectively, are as follows:

 

     2008    2007
     (in millions of Won)

Beginning balance

   3,816    4,380

Increase

   75    1,476

Amortization

   1,170    2,040
         

Ending balance

   2,721    3,816
         

 

(c)   Sundry assets as of June 30, 2008 and December 31, 2007 are as follows:

 

     2008    2007
     (in millions of Won)

Other loans

   8,207    8,154

Other suspense payments

   896    1,185

Suspense payments on credit

   60    68

Others

   6,209    6,120
         
   15,372    15,527
         

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

9.    Borrowings and Debentures

 

(a)   Details of borrowings and debentures of June 30, 2008 and December 31, 2007 are as follows:

 

     Interest rate
(%)
   2008     2007  
          (in millions of Won)  

Borrowings:

       

Call money:

       

Local currency

   4.95~4.97    160,000     109,000  

Foreign currencies

   1.3    29,454     112,584  
               
      189,454     221,584  
               

Borrowings in foreign currencies:

       

Borrowings from banks

   1.45~3.31    367,903     787,009  

Commercial papers

   1.8855~6.32    3,235,894     840,928  

Off-shore borrowings

   4.78    20,868     —    

Off-shore commercial papers

   1.8567~3.64    39,325     —    

Other borrowings

   0.05~0.30    127,642     98,738  
               
      3,791,632     1,726,675  
               
      3,981,086     1,948,259  
               

Debentures:

       

Local currency:

       

Fixed rate debentures in local currency

   4.9~5.67    2,140,000     1,530,000  

Discount on debentures

      (50,958 )   (29,757 )
               
      2,089,042     1,500,243  
               

Foreign currencies:

       

Floating rates debentures in foreign currencies

  

Libor3M +
0.02 and
others

   3,929,447     3,122,964  

Fixed rates debentures in foreign currencies

   1.84~17.00    14,089,100     10,921,621  
               
      18,018,547     14,044,585  
               

Gain (loss) on valuation of fair value hedged items (current period)

      95,898     (19,928 )

Gain on valuation of fair value hedged items (prior year)

      (221,170 )   (13,018 )
               
      17,893,275     14,011,639  
               

Premiums on debentures

      794     1,911  

Discounts on debentures

      (32,706 )   (49,824 )
               
      17,861,363     13,963,726  
               

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(b)   Call money and borrowings in foreign currencies from financial institutions as of June 30, 2008 and December 31, 2007 are as follows:

 

    2008   2007
    Call money   Borrowings
in foreign
currencies
  Total   Call money   Borrowings
in foreign
currencies
  Total
    (in millions of Won)

Banks

  189,454   3,663,990   3,853,444   221,584   1,627,937   1,849,521

Others

  —     127,642   127,642   —     98,738   98,738
                       
  189,454   3,791,632   3,981,086   221,584   1,726,675   1,948,259
                       

 

(c)   The maturities of borrowings and debentures by remaining periods as of June 30, 2008 and December 31, 2007 are as follows:

 

2008

 

    Due in
3 months or
less
  Due after
3 months to
6 months
  Due after
6 months to
1 year
  Due after
1 year to
3 years
  Due after
3 years
  Total
    (in millions of Won)

Borrowings:

           

Call money in local currency

  160,000   —     —     —     —     160,000

Call money in foreign currencies

  29,454   —     —     —     —     29,454

Borrowings in foreign currencies

  3,223,392   505,298   62,942   —     —     3,791,632
                       
  3,412,846   505,298   62,942   —     —     3,981,086
                       

Debentures:

           

Debentures in local currency

  410,000   450,000   —     1,010,000   270,000   2,140,000

Debentures in foreign currencies

  588,713   2,951,550   1,911,328   3,551,698   9,015,258   18,018,547
                       
  998,713   3,401,550   1,911,328   4,561,698   9,285,258   20,158,547
                       

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

2007

 

    Due in
3 months or
less
  Due after
3 months to
6 months
  Due after
6 months to
1 year
  Due after
1 year to
3 years
  Due after
3 years
  Total
    (in millions of Won)

Borrowings:

           

Call money in local currency

  109,000   —     —     —     —     109,000

Call money in foreign currencies

  112,584   —     —     —     —     112,584

Borrowings in foreign currencies

  1,542,030   67,373   117,272   —     —     1,726,675
                       
  1,763,614   67,373   117,272   —     —     1,948,259
                       

Debentures:

           

Debentures in local currency

  250,000   590,000   420,000   270,000   —     1,530,000

Debentures in foreign currencies

  478,134   363,453   3,159,875   3,413,911   6,629,212   14,044,585
                       
  728,134   953,453   3,579,875   3,683,911   6,629,212   15,574,585
                       

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

10.    Other Liabilities

 

(a)   Details of other liabilities as of June 30, 2008 and December 31, 2007 are as follows:

 

     2008     2007  
     (in millions of Won)  

Accrued severance benefits (Notes 12)

   29,891     30,096  

Less: Transfer to National Pension (Note 12)

   (6 )   (8 )

Allowance for possible losses on acceptances and guarantees (Note 11)

   326,247     300,956  

Allowance for unused loan commitments (Note 11)

   40,562     35,491  

Allowance for others

   881     881  

Foreign exchange settlement account-credit

   93,916     61,228  

Accounts payables

   24,998     50,107  

Accrued expenses

   512,356     412,321  

Deferred income tax liabilities (Note 17)

   103,291     84,688  

Unearned revenues

   196,942     158,627  

Guarantees deposits received

   108     105  

Derivatives liabilities (Note 14)

   288,522     100,613  

Sundry liabilities

   42,925     56,537  
            
   1,660,633     1,291,642  
            

 

(b)   Details of sundry liabilities as of June 30, 2008 and December 31, 2007 are as follows:

 

     2008    2007
     (in millions of Won)

Suspense receipts

   41,318    54,225

Off-shore suspense receipts

   7    —  

Taxes withheld

   1,562    2,290

Others

   38    22
         
   42,925    56,537
         

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

11.    Acceptances, Guarantees and Loan Commitments

 

(a)   Details of acceptances and guarantees as of June 30, 2008 and December 31, 2007 are as follows:

 

     2008    2007
     (in millions of Won)

Confirmed acceptances and guarantees:

     

Local currency:

     

Guarantees for performance of contracts

   29,027    28,685

Guarantees for repayment of advances

   42,582    24,314

Others

   105,826    111,924
         
   177,435    164,923
         

Foreign currencies:

     

Guarantees for performance of contracts

   3,483,710    2,598,285

Guarantees for repayment of advances

   33,966,910    28,008,786

Acceptances for letters of guarantee for importers letter

   4,976    8,109

Acceptances on import credit memorandum

   56,218    87,610

Others

   1,801,418    1,136,710
         
   39,313,232    31,839,500
         
   39,490,667    32,004,423
         

Unconfirmed acceptances and guarantees:

     

Letters of credit

   195,558    115,585

Guarantees for repayment of advances

   35,349,664    30,186,672

Others

   746,468    482,497
         
   36,291,690    30,784,754
         

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(b)   As of June 30, 2008 and December 31, 2007, details of allowance for loss on acceptances and guarantees outstanding are as follows:

 

     2008    2007
     Acceptances
and
guarantees
   Allowance    Ratio
(%)
   Acceptances
and
guarantees
   Allowance    Ratio
(%)
     (in millions of Won)

Confirmed acceptances and guarantees:

                 

Normal

   39,339,591    237,238    0.60    31,995,784    241,080    0.75

Precautionary

   151,052    14,205    9.40    8,639    725    8.39

Estimated loss

   24    12    50.00    —      —      —  
                             
   39,490,667    251,455    0.64    32,004,423    241,805    0.76
                             

Unconfirmed acceptances and guarantees:

                 

Normal

   35,990,223    63,335    0.18    30,782,202    59,065    0.19

Precautionary

   301,467    11,457    3.80    2,552    86    3.37
                             
   36,291,690    74,792    0.21    30,784,754    59,151    0.19
                             
   75,782,357    326,247    0.43    62,789,177    300,956    0.48
                             

 

(c)   Changes in allowance for loss on acceptances and guarantees for the six-month period and year ended June 30, 2008 and December 31, 2007, respectively, are as follows:

 

     2008     2007
     (in millions of Won)

Beginning balance

   300,956     253,543

Provision (reversal) of allowance for possible losses

   (9,478 )   44,164

Changes in foreign exchange rates and others

   34,769     3,249
          

Ending balance

   326,247     300,956
          

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(d)   Acceptances and guarantees classified by industry as of June 30, 2008 and December 31, 2007 are as follows:

 

2008

 

     Confirmed    Unconfirmed    Total
     Acceptances
and
guarantees
   Ratio
(%)
   Acceptances
and
guarantees
   Ratio
(%)
   Acceptances
and
guarantees
   Ratio
(%)
     (in millions of Won)

Manufacturing

   35,319,639    89.44    35,321,708    97.33    70,641,347    93.22

Construction

   3,036,121    7.69    163,762    0.45    3,199,883    4.22

Finance and insurance

   559,517    1.42    8,073    0.02    567,590    0.75

Wholesale and retail

   146,025    0.37    67,947    0.19    213,972    0.28

Service

   112,424    0.28    28,054    0.08    140,478    0.19

Others

   316,941    0.80    702,146    1.93    1,019,087    1.34
                             
   39,490,667    100.00    36,291,690    100.00    75,782,357    100.00
                             

 

2007

 

     Confirmed    Unconfirmed    Total
     Acceptances
and
guarantees
   Ratio
(%)
   Acceptances
and
guarantees
   Ratio
(%)
   Acceptances
and
guarantees
   Ratio
(%)
     (in millions of Won)

Manufacturing

   29,361,751    91.75    30,067,035    97.67    59,428,786    94.65

Construction

   1,818,126    5.68    214,816    0.70    2,032,942    3.24

Finance and insurance

   512,742    1.60    9,711    0.03    522,453    0.83

Wholesale and retail

   147,280    0.46    30,845    0.10    178,125    0.28

Service

   16,788    0.05    24,632    0.08    41,420    0.07

Others

   147,736    0.46    437,715    1.42    585,451    0.93
                             
   32,004,423    100.00    30,784,754    100.00    62,789,177    100.00
                             

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(e)   Acceptances and guarantees classified by risk-possessive country as of June 30, 2008 and December 31, 2007 are as follows:

 

2008

 

     Confirmed    Unconfirmed    Total
     Acceptances
and
guarantees
   Ratio
(%)
   Acceptances
and
guarantees
   Ratio
(%)
   Acceptances
and
guarantees
   Ratio
(%)
     (in millions of Won)

Asia:

                 

Korea

   38,846,296    98.37    35,548,722    97.95    74,395,018    98.17

India

   137,397    0.35    256,097    0.71    393,494    0.52

Yemen

   84,998    0.22    81,946    0.23    166,944    0.22

Hong Kong

   83,472    0.21    —      —      83,472    0.11

Iran

   56,427    0.14    1,531    0.00    57,958    0.08

Japan

   14,802    0.04    —      —      14,802    0.02

Uzbekistan

   —      0.00    6,951    0.02    6,951    0.01
                             
   39,223,392    99.33    35,895,247    98.91    75,118,639    99.12
                             

Europe:

                 

England

   83,472    0.21    —      —      83,472    0.11

Turkey

   43,902    0.11    2,911    0.01    46,813    0.06

France

   35,719    0.09    221,867    0.61    257,586    0.34

Ukraine

   —      0.00    16,673    0.05    16,673    0.02

Russia

   —      0.00    12,618    0.03    12,618    0.02
                             
   163,093    0.41    254,069    0.70    417,162    0.55
                             

America:

                 

Mexico

   42,955    0.11    138    0.00    43,093    0.06
                             

Africa:

                 

Madagascar

   61,227    0.15    142,236    0.39    203,463    0.27
                             
   39,490,667    100.00    36,291,690    100.00    75,782,357    100.00
                             

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

2007

 

     Confirmed    Unconfirmed    Total
     Acceptances
and
guarantees
   Ratio
(%)
   Acceptances
and
guarantees
   Ratio
(%)
   Acceptances
and
guarantees
   Ratio
(%)
     (in millions of Won)

Asia:

                 

Korea

   31,570,682    98.65    30,304,070    98.44    61,874,752    98.54

India

   113,041    0.35    53,139    0.17    166,180    0.27

Iran

   57,532    0.18    1,376    0.00    58,908    0.09

Hong Kong

   56,292    0.18    —      —      56,292    0.09

Japan

   13,897    0.04    —      —      13,897    0.02

Uzbekistan

   —      —      2,503    0.01    2,503    0.01

Vietnam

   —      —      1,597    0.01    1,597    0.00
                             
   31,811,444    99.40    30,362,685    98.63    62,174,129    99.02
                             

Europe:

                 

France

   27,427    0.09    199,497    0.65    226,924    0.36

England

   75,056    0.23    —      —      75,056    0.12

Turkey

   41,049    0.13    3,473    0.01    44,522    0.07

Ukraine

   —      —      20,875    0.07    20,875    0.03

Russia

   —      —      15,151    0.05    15,151    0.03
                             
   143,532    0.45    238,996    0.78    382,528    0.61
                             

America:

                 

Mexico

   49,447    0.15    124    0.00    49,571    0.08
                             

Africa:

                 

Madagascar

   —      —      182,949    0.59    182,949    0.29
                             
   32,004,423    100.00    30,784,754    100.00    62,789,177    100.00
                             

 

(f)   The ratio of allowance to acceptances and guarantees for the recent three periods are as follows:

 

     2008.06.30    2007.12.31    2006.12.31
     (in millions of Won)

Acceptances and guarantees subject to allowances

   75,782,357    62,789,177    45,707,794

Allowances

   326,247    300,956    253,543
              

Ratio (%)

   0.43    0.48    0.55
              

 

(g)   Details of unused loan commitments and related allowances as of June 30, 2008 and December 31, 2007 are as follows:

 

     2008    2007
     (in millions of Won)

Unused line of credit for loan commitments

   10,812,606    7,402,213

Allowances

   40,562    35,491
         

Ratio (%)

   0.38    0.48
         

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(h)   Changes in allowances for loan commitments for the six-month period and year ended June 30, 2008 and December 31, 2007, respectively, are as follows:

 

     2008    2007
     (in millions of Won)

Beginning balance

   35,491    25,814

Provision for allowance

   1,047    9,312

Changes in foreign exchange rates and others

   4,024    365
         

Ending balance

   40,562    35,491
         

 

12.    Accrued Severance Benefits

 

Changes in accrued severance benefits for the six-month period and year ended June 30, 2008 and December 31, 2007, respectively, are as follows:

 

2008

 

     Beginning
balance
    Provision    Payment     Ending
balance
 
     (in millions of Won)  

Accrued severance benefits

   30,096     2,645    2,850     29,891  

National Pension Fund

   (8 )   —      (2 )   (6 )
                       
   30,088     2,645    2,848     29,885  
                       

 

2007

 

     Beginning
balance
    Provision    Payment     Ending
balance
 
     (in millions of Won)  

Accrued severance benefits

   27,509     5,930    3,343     30,096  

National Pension Fund

   (10 )   —      (2 )   (8 )
                       
   27,499     5,930    3,341     30,088  
                       

 

13.    Stockholders’ Equity

 

(a)    Capital Stock

 

As of June 30, 2008, the authorized capital and paid-in capital of the Bank are (Won)4,000,000 million and (Won)3,308,755 million, respectively. The Bank’s capital has not been changed since the last capital injection of (Won)3,000 million from the Government on July 5, 2007. The Bank does not issue physical share certificates.

 

(b)    Retained Earnings

 

  i)   Legal Reserve

 

Pursuant to the EXIM Bank Act, the Bank appropriates twenty percent of net earnings for each accounting period as legal reserve until the accumulated reserve equals to its paid-in capital.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

  ii)   Voluntary Reserve

 

The Bank appropriates the remaining balance of net earnings, after the appropriation of legal reserve and declaration of dividends, to voluntary reserve.

 

14.    Commitments and Contingencies

 

(a)   Details of other commitments as of June 30, 2008 and December 31, 2007 are as follows:

 

     2008    2007
     (in millions of Won)

Unused loan commitments

   10,812,606    7,402,213

Written-off loans

   151,638    136,318
         
   10,964,244    7,538,531
         

 

(b)   Litigation

 

As of June 30, 2008, eight lawsuits were filed by the Bank with the aggregate claim amount of (Won)143,524 million, and seven lawsuits were filed against the Bank involving aggregate damages of (Won)5,940 million. The Bank’s management expects that the ultimate losses as a result of these lawsuits would not have a significant effect on the Bank’s financial position or result of operation.

 

(c)   Sale of the Shares of Korea Exchange Bank (“KEB”)

 

The Bank sold 30,865,792 shares of Korea Exchange Bank (“KEB”) to LSF-KEB Holdings, SCA (“LSF”) on October 30, 2003 at (Won)5,400 per share. LSF exercised its call option, which was issued by the Bank in relation to the aforementioned sales transaction, and additionally purchased 49,134,208 shares of KEB at (Won)8,487.50 per share in the prior fiscal year.

 

In addition to the above transactions, under the mutual agreement between the Bank and LSF, the Bank has right to ask LSF (Tag) or be asked by LSF (Drag) for selling the Bank’s remaining holding shares of KEB to a counterparty at the same condition of LSF’s sale.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(d)   Details of derivative transactions as of, and for the six-month period and year ended June 30, 2008 and December 31, 2007 are as follows:

 

2008

 

    Purpose of transactions
(unsettled notional amount)
  Valuation gain (loss) - (I/S)     Fair value
(B/S) -
assets
(liabilities)
 
    Total   Hedging
purpose
  Hedge
accounting
purpose
  Total     Hedging
purpose
    Hedge
accounting
purpose
   
    (in millions of Won)  

Currency forwards

  1,576,392   1,576,392   —     16,768

(5,908

 

)

  16,768

(5,908

 

)

  —       16,762

(5,929

 

)

Currency swaps

  9,107,061   2,640,028   6,467,033   329,351

(215,836

 

)

  136,494

(28,452

 

)

  192,857

(187,384

 

)

  611,901

(191,345

 

)

Interest rate swaps

  5,695,402   406,776   5,288,626   32,182

(15,144

 

)

  133

(750

 

)

  32,049

(14,394

 

)

  42,316

(91,248

 

)

Stock option

  7,500   7,500   —     (1,153 )   (1,153 )   —       809  
                                   
  16,386,355   4,630,696   11,755,659   378,301

(238,041

 

)

  153,395

(36,263

 

)

  224,906

(201,778

 

)

  671,788

(288,522

 

)

                                   

 

2007

 

    Purpose of transactions
(unsettled notional amount)
  Valuation gain (loss) - (I/S)     Fair value
(B/S) -
assets
(liabilities)
 
    Total   Hedging
purpose
  Hedge
accounting
purpose
  Total     Hedging
purpose
    Hedge
accounting
purpose
   
    (in millions of Won)  

Currency forwards

  444,500   444,500   —     3,013

(6,489

 

)

  3,013

(6,489

 

)

  —       3,013

(6,489

 

)

Currency swaps

  6,219,081   2,089,665   4,129,416   367,040

(16,273

 

)

  138,308

(8,201

 

)

  228,732

(8,072

 

)

  380,664

(16,068

 

)

Interest rate swaps

  5,925,283   800,003   5,125,280   65,328

(77,625

 

)

  1,562

(6,641

 

)

  63,766

(70,984

 

)

  18,431

(78,056

 

)

Stock option

  7,500   7,500   —     252     252     —       1,962  
                                   
  12,596,364   3,341,668   9,254,696   435,633

(100,387

 

)

  143,135

(21,331

 

)

  292,498

(79,056

 

)

  404,070

(100,613

 

)

                                   

 

The Bank holds derivative instruments to hedge the interest rate and foreign exchange risks derived from its loan, debentures and borrowing activities. The notional amount of unsettled derivative contracts and valuation gain or loss for hedge accounting purpose in the above table represent the derivative instruments accounted for using hedge accounting pursuant to the Interpretations on Financial Accounting Standards 53-70 “Accounting for Derivatives”.

 

Hedged items, for fair value hedge accounting purpose, consist of loans, debentures and borrowings. The Bank recognized gains of (Won)9,920 million and (Won)95,897 million from the hedged items, loans and debentures, in the income statement, respectively, for the six-month period ended June 30, 2008.

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

15.    Interest Income and Expense

 

Average balances of the interest bearing asset and liability, and the related interest income and expense as of and for the six-month periods ended June 30, 2008 and 2007 are as follows:

 

     2008    2007
     Average balance    Interest
income/expense
   Average balance    Interest
income/expense
     (in millions of Won)

Interest bearing assets:

           

Loans

   23,670,955    621,432    16,486,124    461,939

Due from banks

   157,681    4,925    93,634    3,693

Securities

   1    —      10,389    378
                   
   23,828,637    626,357    16,590,147    466,010
                   

Interest bearing liabilities:

           

Borrowings

   3,314,071    70,421    1,946,636    42,401

Debentures

   17,040,562    564,089    11,109,295    284,083
                   
   20,354,633    634,510    13,055,931    326,484
                   

 

Loans and borrowings include call loans and call money, respectively.

 

16.    General and Administrative Expense

 

Details of general and administrative expense for the six-month periods ended June 30, 2008 and 2007 are as follows:

 

     2008    2007
     (in millions of Won)

Financial management expenses:

     

Salaries and wages

   28,683    27,042

Others

   14,227    13,640
         

Sub total

   42,910    40,682
         

Funds management expenses

   246    414
         

Other general and administrative expenses:

     

Severance benefits (Note 12)

   2,645    1,907

Special severance benefits

   332    —  

Depreciation (Note 7)

   1,567    1,724

Amortization expense of intangible assets (Note 8)

   1,170    990

Taxes and dues

   175    183

Fund contributions

   4,523    3,623
         

Sub total

   10,412    8,427
         

Total general and administrative expense

   53,568    49,523
         

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

17.    Income Taxes

 

(a)   The reconciliation of income before income taxes and taxable income for the six-month periods ended June 30, 2008 and 2007 are as follows:

 

     2008     2007  
     (in millions of Won)  

I. Income before income taxes

   240,570     116,227  

II. Permanent differences:

    

(1) Entertainment expenses

   1     2  

(2) Unqualified donations

   10     38  

(3) Interest expenses

   385     157  

(4) Sundry profits

   —       (150 )

(5) Dividend earned

   (9,529 )   (15,203 )
            
   (9,133 )   (15,156 )
            

III. Temporary differences:

    

1. Additions:

    

(1) Loss (gain) on fair value hedges

   92,376     64,118  

(2) Gain on valuation of derivatives (prior period)

   303,457     43,119  

(3) Loss on valuation of derivative (current period)

   643,727     83,559  

(4) Allowance for loan losses (current period)

   180,027     306,197  

(5) Allowance for acceptances and guarantees (current period)

   326,247     336,481  

(6) Allowance for unused loan commitments (current period)

   40,562     28,246  

(7) Accrued severance benefits

   1,298     1,475  

(8) Depreciation

   —       753  

(9) Debt-to-equity swap

   —       1,668  

(10) Others

   28,978     8,624  
            
   1,616,672     874,240  
            

2. Deductions:

    

(1) Gain (loss) on fair value hedges

   201,260     70,828  

(2) Loss on valuation of derivative (prior period)

   420,800     86,751  

(3) Gain on valuation of derivative (current period)

   383,266     62,756  

(4) Allowance for loan losses (prior period)

   266,811     308,016  

(5) Allowance for acceptances and guarantees (prior period)

   300,956     253,543  

(6) Allowance for unused loan commitments (prior period)

   35,491     25,814  

(7) Depreciation

   —       186  

(8) Gain on valuation of securities accounted for equity method

   2,853     2,300  

(9) Debt-to-equity swap

   15,307     25,972  

(10) Others

   151,029     12,087  
            
   1,777,773     848,253  
            

IV. Taxable income

   70,336     127,058  
            

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(b)   The components of Income tax expense for the six-month periods ended June 30, 2008 and 2007 are as follows:

 

     2008     2007  
     (in millions of Won)  

Income tax—current

   19,329     34,926  

Changes in deferred tax arising from temporary differences

   32,576     7,513  

Adjustments for prior period final income tax return

   (44 )   (53 )

Deferred tax expense adjusted to equity

   11,738     (14,658 )
            

Income tax expense

   63,599     27,728  
            

 

(c)   The statutory income tax rate for the Bank was 27.5% for the six-month periods ended June 30, 2008 and 2007. The effective tax rates for the six-month periods ended June 30, 2008 and 2007 were 26.44% and 23.86%, respectively.

 

18.    Foreign Currency Denominated Assets and Liabilities

 

(a)   Details of assets denominated in foreign currencies as of June 30, 2008 and December 31, 2007 are as follows:

 

     2008    2007
     In foreign
currency
(USD)
   In local
currency
(Won)
   In foreign
currency
(USD)
   In local
currency
(Won)
     (In thousands of USD and in millions of Won)

Due from banks

   43,338    45,219    92,525    86,807

Securities accounted for equity method

   100,056    104,399    99,096    92,972

Call loans

   1,061,040    1,107,089    1,115,417    1,046,484

Bills bought in foreign currencies

   710,335    741,163    577,496    541,807

Loans

   19,459,153    20,303,680    16,079,924    15,086,185

Advance for customers

   —      —      834    782
                   
   21,373,922    22,301,550    17,965,292    16,855,037
                   

 

(b)   Details of liabilities denominated in foreign currencies as of June 30, 2008 and December 31, 2007 are as follows:

 

     2008    2007
     In foreign
currency
(USD)
   In local
currency
(Won)
   In foreign
currency
(USD)
   In local
currency
(Won)
     (In thousands of USD and in millions of Won)

Call money

   28,229    29,454    120,000    112,584

Borrowings

   3,633,920    3,791,632    1,840,412    1,726,675

Debentures

   17,269,069    18,018,547    14,969,714    14,044,585
                   
   20,931,218    21,839,633    16,930,126    15,883,844
                   

 

Foreign currencies other than U.S. Dollar are translated into U.S. dollar equivalent amount at the exchange rates published by Seoul Money Brokerage Services, Ltd. (see note 2).

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

19.    Accumulated Other Comprehensive Income

 

Accumulated other comprehensive income as of June 30, 2008 and 2007 are as follows:

 

     2008     2007  
     (in millions of Won)  

Net income

   176,971     88,499  

Other comprehensive income:

    

Unrealized gain (loss) on available-for-sale securities

   (32,369 )   39,587  

Unrealized holding loss on securities using equity method

   (2,364 )   (691 )
            

Accumulated other comprehensive income

   142,238     127,395  
            

 

20.    Related Party Transactions

 

(a)   The Bank has following related parties, which are all consolidating subsidiaries, as of June 30, 2008 and December 31, 2007:

 

     No. of shares    Ownership
(%)
   Capital
           2008    2007
               (in millions of Won)

KEXIM Bank UK Limited

   20,000,000    100.00    41,590    37,482

KEXIM Vietnam Leasing Co.

   —      100.00    13,564    12,197

PT. KOEXIM Mandiri Finance

   442    85.00    5,886    5,195

KEXIM Asia Limited

   30,000,000    100.00    31,302    28,146

 

(b)   Significant balances and transactions with the related parties as of and for the six-month period ended June 30, 2008 are as follows:

 

(Assets)

 

     Loans in
foreign currencies
   Call loans    Total
     (in millions of Won)

KEXIM Bank UK Limited

   119,991    10,434    130,425

KEXIM Vietnam Leasing Co.

   80,342    —      80,342

PT. KOEXIM Mandiri Finance

   106,427    —      106,427

KEXIM Asia Limited

   101,210    9,083    110,293
              
   407,970    19,517    427,487
              

 

(Liabilities)

 

     Debentures in
foreign currencies

KEXIM Bank UK Limited

   5,217
    

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

(Transactions)

 

     Interest
income
   Interest
expenses
   Commission
income
     (in millions of Won)

KEXIM Bank UK Limited

   2,628    138    37

KEXIM Vietnam Leasing Co.

   1,480    —      3

PT. KOEXIM Mandiri Finance

   1,978    —      —  

KEXIM Asia Limited

   2,193    —      10
              
   8,279    138    50
              

 

(c)   Significant balances and transactions with the related parties as of December 31, 2007 and for the six-month period ended June 30, 2007, respectively, are as follows:

 

(Assets)

 

     Loans in
foreign currencies
   Call loans    Total
     (in millions of Won)

KEXIM Bank UK Limited

   113,522    4,144    117,666

KEXIM Vietnam Leasing Co.

   57,699    —      57,699

PT. KOEXIM Mandiri Finance

   93,820    —      93,820

KEXIM Asia Limited

   95,172    —      95,172
              
   360,213    4,144    364,357
              

 

(Liabilities)

 

     Debentures in
foreign currencies
     (in millions of Won)

KEXIM Bank UK Limited

   4,691
    

 

(Transactions)

 

     Interest
income
   Interest
expenses
   Commission
income
     (in millions of Won)

KEXIM Bank UK Limited

   3,079    265    15

KEXIM Vietnam Leasing Co.

   1,281    —      3

PT. KOEXIM Mandiri Finance

   2,086    —      —  

KEXIM Asia Limited

   1,435    —      1
              
   7,881    265    19
              

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

21.    Statements of Cash Flows

 

(a)   The Bank prepares the statements of cash flows using indirect method. The cash flows from the Bank’s major business activities including loans and investments in securities related transactions are classified as operating activities while the cash flows from borrowing activities are classified as financing activities.

 

(b)   Due from banks in the statements of cash flows as of June 30, 2008 and 2007 are as follows:

 

     2008    2007  
     (in millions of Won)  

Due from banks in local currency

   439,803    17,241  

Restricted due from banks

   —      (2,468 )

Due from banks in foreign currencies

   45,219    60,040  
           
   485,022    74,813  
           

 

(c)   Significant transactions not involving cash inflows or outflows for the six-month periods ended June 30, 2008 and 2007 are as follows:

 

     2008     2007  
     (in millions of Won)  

Increase (decrease) in gain on valuation of available-for-sale securities

   (32,369 )   39,587  

Decrease in capital from investment in kind

   (2,364 )   (691 )

Increase in available-for-sale securities resulting from the debt for equity swap

   —       4,659  
            
   (34,733 )   43,555  
            

 

22.    Employee Welfare

 

The Bank provides employee welfare programs including housing loans, cafeteria, scholarship, medical insurance, worker’s compensation, gym and recreational facilities. The Bank’s expenses on the employee welfare programs for the periods ended June 30, 2008 and 2007 are as follows:

 

     2008    2007
     (in millions of Won)

Meal expenses

   47    39

Medical expenses

   28    23

Fringe benefits

   3,113    2,944

Healthcare expenses

   137    116
         
   3,325    3,122
         

 

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THE EXPORT-IMPORT BANK OF KOREA

NOTES TO NON-CONSOLIDATED FINANCIAL STATEMENTS (Continued)

June 30, 2008 and 2007

 

23.    Computation of Value-added

 

Information required for the computation of value-added for the six-month periods ended June 30, 2008 and 2007 are as follows:

 

     2008    2007
     (in millions of Won)

Salaries and wages

   28,683    27,042

Rent expenses

   268    272

Depreciation

   1,567    1,724

Amortization expense for intangible assets

   1,170    990

Taxes and dues

   175    183
         
   31,863    30,211
         

 

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THE REPUBLIC OF KOREA

 

Land and History

 

Territory and Population

 

Located generally south of the 38th parallel on the Korean peninsula, The Republic of Korea covers about 38,000 square miles, approximately one-fourth of which is arable. The Republic has a population of approximately 48 million people. The country’s largest city and capital, Seoul, has a population of about 11 million people.

 

Political History

 

Dr. Rhee Seungman, who was elected president in each of 1948, 1952, 1956 and 1960, dominated the years after the Republic’s founding in 1948. Shortly after President Rhee’s resignation in 1960 in response to student-led demonstrations, a group of military leaders headed by Park Chung Hee assumed power by coup. The military leaders established a civilian government, and the country elected Mr. Park as President in October 1963. President Park served as President until his assassination in 1979 following a period of increasing strife between the Government and its critics. The Government declared martial law and formed an interim government under Prime Minister Choi Kyu Hah, who became the next President. After clashes between the Government and its critics, President Choi resigned, and General Chun Doo Hwan, who took control of the Korean army, became President in 1980.

 

In late 1980, the country approved, by national referendum, a new Constitution, providing for indirect election of the President by an electoral college and for certain democratic reforms, and shortly thereafter, in early 1981, re-elected President Chun. Responding to public demonstrations in 1987, the legislature revised the Constitution to provide for direct election of the President. In December 1987, Roh Tae Woo won the Presidency by a narrow plurality, after opposition parties led by Kim Young Sam and Kim Dae Jung failed to unite behind a single candidate. In February 1990, two opposition political parties, including the one led by Kim Young Sam, merged into President Roh’s ruling Democratic Liberal Party.

 

In December 1992, the country elected Kim Young Sam as President. The election of a civilian and former opposition party leader considerably lessened the controversy concerning the legitimacy of the political regime. President Kim’s administration reformed the political sector and deregulated and internationalized the Korean economy.

 

In December 1997, the country elected Kim Dae Jung as President. President Kim’s party, the Millennium Democratic Party (formerly known as the National Congress for New Politics), formed a coalition with the United Liberal Democrats led by Kim Jong Pil, with Kim Jong Pil becoming the first prime minister in President Kim’s administration. The coalition, which temporarily ended before the election held in April 2000, continued with the appointment of Lee Han Dong of the United Liberal Democrats as the Prime Minister in June 2000. The coalition again ended in September 2001.

 

In December 2002, the country elected Roh Moo Hyun as President. President Roh began his term on February 25, 2003. President Roh and his supporters left the Millennium Democratic Party in 2003 and formed a new party, the Uri Party, in November 2003. On August 15, 2007, 85 members of the National Assembly, previously belonging to the Uri Party, or the Democratic Party, formed the United New Democratic Party (the “UNDP”). The Uri Party merged into the UNDP in August 20, 2007.

 

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In December 2007, the country elected Lee Myung-Bak as the President of the Republic of Korea. He commenced his term on February 25, 2008. The Lee administration’s key policy priorities include:

 

   

pursuing a lively market economy through deregulation, free trade and the attraction of foreign investment;

 

   

establishing an efficient government by reorganizing government functions and privatizing state-owned enterprises;

 

   

taking initiatives on the denuclearization of North Korea;

 

   

seeking a productive welfare system based on customized welfare benefits and job training; and

 

   

strengthening the competitiveness of Korea’s education system.

 

Government and Politics

 

Government and Administrative Structure

 

Governmental authority in the Republic is centralized and concentrated in a strong presidency. The President is elected by popular vote and can only serve one term of five years. The President chairs the State Council, which consists of the prime minister, the deputy prime ministers, the respective heads of Government ministries and the ministers of state. The President can select the members of the State Council and appoint or remove all other Government officials, except for elected local officials.

 

The President can veto new legislation and take emergency measures in cases of natural disaster, serious fiscal or economic crisis, state of war or other similar circumstances. The President must promptly seek the concurrence of the National Assembly for any emergency measures taken and failing to do so automatically invalidates the emergency measures. In the case of martial law, the President may declare martial law without the consent of the National Assembly; provided, however, that the National Assembly may request the President to rescind such martial law.

 

The National Assembly exercises the country’s legislative power. The Constitution and the Election for Public Offices Act provide for the direct election of about 82% of the members of the National Assembly and the distribution of the remaining seats proportionately among parties winning more than 5 seats in the direct election or receiving over 3% of the popular vote. National Assembly members serve four-year terms. The National Assembly enacts laws, ratifies treaties and approves the national budget. The executive branch drafts most legislation and submits it to the National Assembly for approval.

 

The country’s judicial branch comprises the Supreme Court, the Constitutional Court and lower courts of various levels. The President appoints the Chief Justice of the Supreme Court and appoints the other Justices of the Supreme Court upon the recommendation of the Chief Justice. All appointments to the Supreme Court require the consent of the National Assembly. The Chief Justice, with the consent of the conference of Supreme Court Justices, appoints all the other judges in Korea. Supreme Court Justices serve for six years and all other judges serve for ten years. Other than the Chief Justice, justices and judges may be reappointed to successive terms.

 

The President formally appoints all nine judges of the Constitutional Court, but three judges must be designated by the National Assembly and three by the Chief Justice of the Supreme Court. Constitutional Court judges serve for six years and may be reappointed to successive terms.

 

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Administratively, the Republic comprises nine provinces and seven cities with provincial status: Seoul, Busan, Daegu, Incheon, Gwangju, Daejon and Ulsan. From 1961 to 1995, the national government controlled the provinces and the President appointed provincial officials. Local autonomy, including the election of provincial officials, was reintroduced in June 1995.

 

Political Organizations

 

Currently, there are two major political parties, the Grand National Party, or GNP and the United New Democratic Party, or UNDP. The 18th legislative general election was held on April 9, 2008 and the term of the National Assembly members elected in the 18th legislative general election commenced on May 30, 2008.

 

As of December 16, 2008, the parties control the following number of seats in the National Assembly:

 

     GNP    UNDP    Others    Total

Number of Seats

   172    83    42    297

 

Relations with North Korea

 

Relations between the Republic and North Korea have been tense over most of the Republic’s history. The Korean War, which took place between 1950 and 1953 began with the invasion of the Republic by communist forces from North Korea and, following a military stalemate, an armistice was reached establishing a demilitarized zone monitored by the United Nations in the vicinity of the 38th parallel.

 

North Korea maintains a regular military force estimated at more than 1,000,000 troops, mostly concentrated near the northern border of the demilitarized zone. The Republic’s military forces, composed of approximately 690,000 regular troops and almost 3.1 million reserves, maintain a state of military preparedness along the southern border of the demilitarized zone. In addition, the United States has historically maintained its military presence in the Republic. In October 2004, the United States and the Republic agreed to a three-phase withdrawal of approximately one-third of the 37,500 troops stationed in the Republic by the end of 2008. By the end of 2004, 5,000 U.S. troops departed the Republic in the first phase of such withdrawal and in the plan’s second phase, the United States removed 5,000 troops by the end of 2006. In the final phase, another 2,500 U.S. troops would be deployed by the end of 2008. Further, in February 2007, the United States and the Republic agreed to dissolve their joint command structure by 2012, which would allow the Republic to assume the command of its own armed forces in the event of war on the Korean peninsula.

 

The level of tension between the two Koreas has fluctuated and may increase abruptly as a result of current and future events. In recent years, there have been heightened security concerns stemming from North Korea’s nuclear weapons and long-range missile programs and increased uncertainty regarding North Korea’s actions and possible responses from the international community. In December 2002, North Korea removed the seals and surveillance equipment from its Yongbyon nuclear power plant and evicted inspectors from the United Nations International Atomic Energy Agency. In January 2003, North Korea renounced its obligations under the Nuclear Non-Proliferation Treaty. Since the renouncement, the Republic, the United States, North Korea, China, Japan and Russia have held numerous rounds of six party multi-lateral talks in an effort to resolve issues relating to North Korea’s nuclear weapons program.

 

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In addition to conducting test flights of long-range missiles, North Korea announced in October 2006 that it had successfully conducted a nuclear test, which increased tensions in the region and elicited strong objections worldwide. In response, the United Nations Security Council passed a resolution that prohibits any United Nations member state from conducting transactions with North Korea in connection with any large scale arms and material or technology related to missile development or weapons of mass destruction and from providing luxury goods to North Korea, imposes an asset freeze and travel ban on persons associated with North Korea’s weapons program, and calls upon all United Nations member states to take cooperative action, including through inspection of cargo to or from North Korea. In response, North Korea agreed in February 2007 at the six-party talks to shut down and seal the Yongbyon nuclear facility, including the reprocessing facility, and readmit international inspectors to conduct all necessary monitoring and verifications. In October 2007, the Republic and North Korea held a summit meeting to discuss easing tensions and fostering peace on the Korean peninsula. Mr. Lee Myung-Bak, who became the President of Korea in February 2008, has announced that he is open to dialogue with North Korea to discuss various issues, including North Korea’s nuclear weapons program. In October 2008, North Korea agreed to a series of denuclearization verification measures, following the removal of North Korea from a list of state sponsors of terrorism maintained by the United States.

 

There can be no assurance that the level of tension will not escalate and that such escalation will not have a material adverse impact on the Republic’s economy or its ability to obtain future funding.

 

Over the longer term, reunification of the two Koreas could occur. Reunification may entail a significant economic commitment by the Republic.

 

Foreign Relations and International Organizations

 

The Republic maintains diplomatic relations with most nations of the world, most importantly with the United States with which it entered into a mutual defense treaty and several economic agreements. The Republic also has important relationships with Japan and China, its largest trading partners after the United States.

 

The Republic belongs to a number of supranational organizations, including:

 

   

the International Monetary Fund, or the IMF;

 

   

the World Bank;

 

   

the Asian Development Bank, or ADB;

 

   

the Multilateral Investment Guarantee Agency;

 

   

the International Finance Corporation;

 

   

the International Development Association;

 

   

the African Development Bank;

 

   

the European Bank for Reconstruction and Development;

 

   

the Bank for International Settlements;

 

   

the World Trade Organization, or WTO; and

 

   

the Inter-American Development Bank, or IDB.

 

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In September 1991, the Republic and North Korea became members of the United Nations. During the 1996 and 1997 sessions, the Republic served as a non-permanent member of the United Nations Security Council.

 

In March 1995, the Republic applied for admission to the Organization for Economic Cooperation and Development, or the OECD, which the Republic officially joined as the twenty-ninth regular member in December 1996.

 

The Economy

 

Economic Developments since 1997 and Current Worldwide Economic and Financial Difficulties

 

In 1997 and 1998, Korean companies, banks and other financial institutions experienced financial difficulties brought on by a number of factors, including among others, excessive investment and high levels of foreign currency and Won currency debt incurred by Korean companies. The economic difficulties of certain Southeast Asian countries beginning in 1997 also adversely affected the Korean economy. The Korean economy, however, has recovered since 1998, as the Government implemented comprehensive programs for economic reform and recovery aimed at rectifying the causes of the economic and financial difficulties it experienced in 1997 and 1998.

 

The following table sets forth information regarding certain of the Republic’s key economic indicators for the periods indicated.

 

     As of or for the year ended December 31,  
    1997     1998     1999     2000     2001     2002     2003     2004     2005     2006     2007  
    (billions of dollars and trillions of won, except percentages)  

GDP Growth(1)

    4.7 %     (6.9 )%     9.5 %     8.5 %     3.8 %     7.0 %     3.1 %     4.7 %     4.2 %     5.1 %     5.0 %

Inflation

    4.4 %     7.5 %     0.8 %     2.3 %     4.1 %     2.7 %     3.5 %     3.6 %     2.8 %     2.2 %     2.5 %

Unemployment(2)

    2.6 %     7.0 %     6.3 %     4.4 %     4.0 %     3.3 %     3.6 %     3.7 %     3.7 %     3.5 %     3.2 %

Trade Surplus

  $ (8.5 )   $ 39.0     $ 23.9     $ 11.8     $ 9.3     $ 10.3     $ 15.0     $ 29.4     $ 23.2     $ 16.1     $ 4.6 (4)

Foreign Currency Reserves

  $ 20.4     $ 52.0     $ 74.1     $ 96.2     $ 102.8     $ 121.4     $ 155.4     $ 199.1     $ 210.4     $ 239.0     $ 262.2  

External Liabilities(3)

  $ 174.2     $ 163.8     $ 152.9     $ 148.5     $ 130.4     $ 143.0     $ 161.6     $ 172.3     $ 187.9     $ 260.1     $ 382.2  

Fiscal Balance

  (Won) (7.0 )   (Won) (18.8 )   (Won) (13.1 )   (Won) 6.5     (Won) 7.3     (Won) 22.7     (Won) 7.6     (Won) 5.2     (Won) 5.1     (Won) 3.6     (Won) 3.6  

 

(1)   At constant market prices.
(2)   Average for year.
(3)   Starting from June 2003, the total external liabilities of the Republic are calculated under criteria published in a compilation by nine international organizations including the IMF and the World Bank in 2003. Prior to June 2003, the Republic had calculated its total external debt using criteria agreed with the IMF during the financial crisis at the end of 1997. See “—Debt—External Debt” for a description of the changes in the criteria.
(4)   Preliminary data.

Source: The Bank of Korea.

 

The Republic’s economic and financial difficulties in 1997 and 1998 and its subsequent recovery, reforms and developments included the following:

 

   

Financial condition of Korean companies.    A significant number of Korean companies, including member companies of the conglomerates known as “chaebols” that dominate the Korean economy, struggled financially due to excessive investment in some industries, weak export performances and high levels of debt and foreign currency exposure. Many of these Korean companies failed beginning in early 1997, including the Hanbo Group, the Sammi Group, the Kia Group and the Jinro Group. Following the series of corporate failures in the late 1990s, other Korean companies underwent corporate restructuring, including Daewoo Group, Hynix Semiconductor, SK Networks and LG Card.

 

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Financial condition of Korean banks and other financial institutions.    The capital adequacy and liquidity of most Korean banks and other financial institutions have been adversely affected by the financial difficulties of corporate borrowers, high levels of short-term foreign currency borrowings from foreign financial institutions and consideration of non-market oriented factors in making lending decisions. Since December 1997, the Government has been restructuring and recapitalizing troubled financial institutions, including closing insolvent financial institutions and those failing to carry out rehabilitation plans within specified periods. Through recapitalization, the Government became the controlling shareholder of Korea First Bank, Seoul Bank, Woori Bank and Chohung Bank. The Government subsequently sold its controlling interest in Korea First Bank, Seoul Bank and Chohung Bank, each of which was later merged into or sold to other banks. Korean financial institutions have also voluntarily pursued mergers and acquisitions.

 

   

Foreign currency reserves.    The Republic’s foreign currency reserves fell to US$20.4 billion as of December 31, 1997 from US$33.2 billion as of December 31, 1996, due mainly to repatriations by foreign investors of their investments in the Republic and reduced availability of credit from foreign sources. Since the end of 1997, however, the Government’s foreign currency reserves have continued to increase, reaching US$262.2 billion as of December 31, 2007, due primarily to continued trade surpluses and capital inflows. In 2008, the Government’s foreign currency reserves decreased, falling to US$200.5 billion as of November 30, 2008, partially as a result of the Government’s use of the foreign currency reserve to provide foreign currency liquidity to Korean financial institutions and to defend the value of the Won against depreciation.

 

   

Credit rating changes.    From October 1997 to January 1998, the rating agencies downgraded the Republic’s credit ratings, with Moody’s Investor Service, Inc., or Moody’s, downgrading the Republic’s long-term foreign currency rating on bond obligations from A1 to Ba1, Standard & Poor’s Ratings Services, or Standard & Poor’s, downgrading the Republic’s long-term foreign currency rating from AA- to B+ and Fitch International Banking Credit Agency, or Fitch, downgrading the Republic’s long-term currency rating from AA- to B-. Since that time, the rating agencies have raised the country’s ratings significantly, with Moody’s upgrading the Republic’s long-term foreign currency rating to A3, Standard and Poor’s to A- and Fitch to A in 2002. In 2003, Moody’s changed its outlook on the long-term foreign currency rating of Korea to negative from positive due primarily to the heightened security concerns stemming from North Korea’s nuclear weapons program. In 2004, Moody’s changed its outlook on the long-term foreign currency rating of the Republic to stable from negative due primarily to the Republic’s continued stability in its public-sector debt position. In July 2005, Standard & Poor’s upgraded the Republic’s long-term foreign currency rating from A- to A. In October 2005, Fitch raised the Republic’s long-term foreign currency rating from A to A+. In April 2006, Moody’s changed its outlook on the long-term foreign currency rating of Korea to positive from stable. In July 2007, Moody’s upgraded the Republic’s long-term foreign currency rating from A3 to A2. In November 2008, Fitch changed its outlook on the long-term foreign currency rating of Korea from stable to negative.

 

   

Interest rate fluctuations.    In late 1997 and 1998, interest rates payable by Korean borrowers increased substantially, both domestically and internationally, due to adverse economic conditions and the depreciation of the Won. Since the fourth quarter of 1998, interest rates fell significantly, primarily driven by improved economic conditions and The Bank of Korea interest rate policy. In each of August 2007 and August 2008, The Bank of Korea raised the benchmark rate by 0.25% citing inflationary pressures. If interest rates were to rise

 

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significantly in the future, the debt service costs of Korean borrowers and the possibility of defaults on debt repayments may increase. During the fourth quarter of 2008, The Bank of Korea decreased the rate by a total of 2.25% in order to address financial market instability and to help combat the slowdown of the domestic economy.

 

   

Exchange rate fluctuations.    Due to adverse economic conditions and reduced liquidity, the value of the Won relative to the U.S. dollar and other major foreign currencies declined substantially in 1997. Due to improved economic conditions and continued trade surpluses, the Won had generally appreciated against the U.S. dollar since the end of 1997, although that trend reversed in March 2008. During the period from January 2, 2008 through December 17, 2008, the value of the Won relative to the U.S. dollar declined by approximately 31%, due primarily to adverse economic conditions resulting from liquidity and credit concerns and volatility in the global credit and financial markets and repatriations by foreign investors of their investments in the Korean stock market. Won depreciation substantially increases the amount of Won revenue needed by Korean companies to repay foreign currency-denominated debt, increases the possibility of defaults and results in higher prices for imports, including key raw materials such as oil, sugar and flour. On the other hand, Won appreciation generally has an adverse effect on exports by Korean companies.

 

   

Stock market volatility.    The Korea Composite Stock Price Index declined by over 56% from 647.1 on September 30, 1997 to 280.0 on June 16, 1998. The index recovered to reach a high of 2,064.9 in late 2007 but since then the index declined. On December 17, 2008, the index was 1,169.8. Significant sales of Korean securities by foreign investors and the repatriation of the sales proceeds could drive down the value of the Won, reduce the foreign currency reserves held by financial institutions in the Republic and hinder the ability of Korean companies to raise capital.

 

Recent difficulties affecting the U.S. and global financial sectors, adverse conditions and volatility in the U.S. and worldwide credit and financial markets, fluctuations in oil and commodity prices and the general weakness of the U.S. and global economy have increased the uncertainty of global economic prospects in general and has adversely affected, and may continue to adversely affect, the Korean economy. During the second and third quarter of 2007, credit markets in the United States started to experience difficult conditions and volatility that in turn have affected worldwide financial markets. In particular, in late July and early August 2007, market uncertainty in the U.S. sub-prime mortgage sector increased dramatically and further expanded to other markets such as those for leveraged finance, collateralized debt obligations and other structured products. In September and October 2008, liquidity and credit concerns and volatility in the global credit and financial markets increased significantly with the bankruptcy or acquisition of, and government assistance to, several major U.S. and European financial institutions. These developments have resulted in reduced liquidity, greater volatility, widening of credit spreads and a lack of price transparency in the United States and global credit and financial markets.

 

As liquidity and credit concerns and volatility in the global financial markets increased significantly in September and October 2008, the value of the Won relative to the U.S. dollar has depreciated at an accelerated rate. See “Monetary Policy—Foreign Exchange.” Such depreciation of the Won has increased the cost of imported goods and services and the Won revenue needed by Korean companies to service foreign currency-denominated debt. Furthermore, as a result of adverse global and Korean economic conditions, there has been a significant overall decline and continuing volatility in the stock prices of Korean companies. The Korea Composite Stock Price Index declined by over

 

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36% from 1,852.0 on May 30, 2008 to 1,169.8 on December 17, 2008. See “The Financial System—Securities Markets.” Further declines in the Korea Composite Stock Price Index and large amounts of sales of Korean securities by foreign investors and subsequent repatriation of the proceeds of such sales may continue to adversely affect the value of the Won, the foreign currency reserves held by financial institutions in Korea, and the ability of Korean companies to raise capital. In addition, recent increases in credit spreads, as well as limitations on the availability of credit resulting from heightened concerns about the stability of the markets generally and the strength of counterparties specifically that have led many lenders and institutional investors to reduce or cease funding to borrowers, have adversely affected Korean banks’ ability to borrow, particularly with respect to foreign currency funding. In the event that the current difficult conditions in the global credit markets continue, the Korean banks may be forced to fund their operations at a higher cost or may be unable to raise as much funding as they need to support their lending and other activities.

 

In response to these developments, legislators and financial regulators in the United States and other jurisdictions, including Korea, have implemented a number of policy measures designed to add stability to the financial markets, including the provision of direct and indirect assistance to distressed financial institutions. In particular, the Government has implemented or announced, among other things, the following measures during the fourth quarter of 2008:

 

   

in October 2008, the Government implemented a guarantee program to guarantee foreign currency-denominated debt incurred by Korean banks and their overseas branches between October 20, 2008 and June 30, 2009, up to an aggregate amount of US$100 billion, for a period of three years from the date such debt was incurred;

 

   

in October 2008, The Bank of Korea established a temporary reciprocal currency swap arrangement with the Federal Reserve Board of the United States for up to US$30 billion, effective until April 30, 2009. The Bank of Korea will provide U.S. dollar liquidity, through competitive auction facilities, to financial institutions established in Korea, using funds from the swap line;

 

   

in November 2008, the Government announced that it would seek to provide economic stimulus by expanding government expenditure and reducing tax, as well as loosening restrictions on real estate development and transactions;

 

   

in November 2008, the Government announced that it plans to establish a (Won)10 trillion bond market stabilization fund to purchase financial and corporate bonds and debentures in order to provide liquidity to companies and financial institutions;

 

   

in November 2008, The Bank of Korea announced that it would establish a monetary stabilization fund in the amount of up to (Won)5 trillion to provide liquidity to financial institutions;

 

   

in December 2008, The Bank of Korea agreed with the People’s Bank of China to establish a bilateral currency swap arrangement for up to (Won)38 trillion, effective for three years, and agreed with the Bank of Japan to increase the maximum amount of their bilateral swap arrangement from US$3 billion to US$20 billion, effective until April 30, 2009;

 

   

in December 2008, the Government announced that it would purchase non-performing loans held by savings banks, in the amount of up to (Won)1.3 trillion, through the Korea Asset Management Corporation; and

 

   

during the fourth quarter of 2008, The Bank of Korea decreased the policy rate by a total of 2.25% in order to address financial market instability and to help combat the slowdown of the domestic economy.

 

However, the overall impact of these legislative and regulatory efforts on the financial markets is uncertain, and they may not have the intended stabilizing effects.

 

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Gross Domestic Product

 

Gross domestic product, or GDP, measures the market value of all final goods and services produced within a country for a given period and reveals whether a country’s productive output rises or falls over time. Economists present GDP in both current and constant market prices. GDP at current market prices values a country’s output using the actual prices of each year and GDP at constant market prices values output using the prices from a base year, thereby eliminating the distorting effects of inflation or deflation.

 

The following table sets out the composition of the Republic’s GDP at current and constant 2000 market prices and the annual average increase in the Republic’s GDP.

 

Gross Domestic Product(1)

 

     2003     2004     2005     2006     2007(2)     As % of
GDP
2007(2)
 
     (billions of won)  

Gross Domestic Product at Current Market Prices:

            

Private

   389,177.2     401,468.8     426,690.6     454,955.7     487,407.1     54.1  

Government

   96,203.2     105,519.9     114,838.2     125,642.8     136,175.6     15.1  

Gross Capital Formation

   217,099.0     230,216.6     243,659.5     253,118.5     264,665.9     29.4  

Change in Inventories

   291.9     6,430.1     6,420.0     6,820.5     5,312.5     0.6  

Exports of Goods and Services

   274,995.1     342,865.5     342,588.0     364,718.4     410,940.3     45.6  

Less Imports of Goods and Services

   (257,727.7 )   (309,647.4 )   (323,466.8 )   (356,929.9 )   (403,418.2 )   (44.8 )

Statistical Discrepancy

   4,928.2     2,529.9     6,206.3     6,539.1     5,417.9     0.6  
                                    

Expenditures on Gross Domestic Product

   724,675.0     779,380.5     810,515.9     848,044.6     901,188.6     100.0  

Net Factor Income from the Rest of the World

   1,009.9     1,793.7     (1,216.1 )   1,116.5     1,352.7     —    
                                    

Gross National Product(1)

   725,420.3     781,174.2     809,299.8     849,161.2     902,541.3     100.0  
                                    

Gross Domestic Product at Constant 2000 Market Prices:

            

Private

   349,200.2     348,067.2     360,720.6     376,886.7     393,696.5     49.3  

Government

   80,876.8     83,895.2     88,120.6     93,558.9     98,981.1     12.4  

Gross Capital Formation

   194,578.9     203,187.9     208,076.6     215,956.5     221,370.9     27.7  

Change in Inventories

   (4,469.0 )   671.1     21.8     (464.5 )   (2,804.9 )   (0.4 )

Exports of Goods and Services

   300,824.3     359,709.5     390,443.5     436,631.6     489,485.4     61.3  

Less Imports of Goods and Services

   (264,929.7 )   (301,718.5 )   (323,604.7 )   (360,180.2 )   (402,946.1 )   (50.5 )

Statistical Discrepancy

   2,104.3     183.1     (629.8 )   (2,602.2 )   (2,530.7 )   (0.3 )
                                    

Expenditures on Gross Domestic Product

   662,654.8     693,995.5     723,126.8     760,251.2     798,057.0     100.0  

Net Factor Income from the Rest of the World in the Terms of Trade

   642.7     1,513.8     (1,030.3 )   898.9     1,042.1     —    

Trading Gains and Losses from Changes

   (17,510.0 )   (24,471.6 )   (46,437.8 )   (67,807.6 )   (78,394.4 )   —    
                                    

Gross National Income(3)

   645,787.6     671,037.7     675,658.7     693,342.6     720,704.8     —    
                                    

Percentage Increase (Decrease) of GDP over Previous Year At Current Prices

   5.9     7.5     4.0     4.6     6.3     —    

At Constant 2000 Market Prices

   3.1     4.7     4.2     5.1     5.0     —    

 

(1)   GDP plus net factor income from the rest of the world is equal to the Republic’s gross national product.
(2)   Preliminary.
(3)   GDP plus net factor income from the rest of the world and trading gains and losses from changes in the terms of trade is equal to the Republic’s gross national income.

Source: National Accounts Year 2007; The Bank of Korea.

 

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The following tables set out the Republic’s GDP by economic sector at current and constant 2000 market prices:

 

Gross Domestic Product by Economic Sector

(at current market prices)

 

    2003   2004   2005     2006   2007(1)   As %
of GDP
2007(1)
    (billions of won)

Industrial Sectors:

           

Agriculture, Forestry and Fisheries

  24,166.1   26,246.2   24,631.4     24,635.1   23,982.2   2.7

Mining and Manufacturing

  171,208.0   200,830.8   207,327.2     213,560.8   226,163.6   25.1

Mining and Quarrying

  2,062.6   2,276.5   2,626.2     2,612.4   2,839.4   0.3

Manufacturing

  169,145.4   198,554.3   204,701.0     210,948.4   223,324.2   24.8

Electricity, Gas and Water

  17,011.2   16,732.6   16,838.7     17,526.7   18,050.7   2.0

Construction

  61,329.8   64,772.5   66,375.0     67,731.0   71,118.0   2.9

Services:

  366,046.6   385,735.2   324,867.7     430,550.4   460,989.5   51.2

Wholesale and Retail Trade, Restaurants and Hotels

  63,583.6   65,531.9   67,862.2     71,014.2   74,351.1   8.3

Transportation, Storage and Communication

  47,787.0   50,969.0   52,429.5     53,814.3   57,451.1   6.4

Financial Intermediation

  56,690.8   57,266.2   60,483.5     63,965.4   70,904.9   7.9

Real Estate, Renting and Business Activities

  81,804.7   86,027.8   90,482.4     95,836.2   102,172.0   11.3

Public Administration and Defense; Compulsory Social Security

  38,700.9   42,209.6   45,429.4     48,794.8   51,421.8   5.7

Education

  35,760.7   39,194.9   41,569.8     44,635.2   47,442.3   5.3

Health and Social Work

  19,012.7   20,847.5   23,069.3     25,639.2   28,574.7   3.2

Other Service Activities

  22,706.2   23,688.3   24,975.6     26,851.1   28,671.6   3.2
                         

Taxes less subsidies on products

  84,913.1   85,063.0   89,041.7     94,040.6   100,884.5   11.2
                         

Gross Domestic Product at Current Prices

  724,675.0   779,380.5   810,515.9     848,044.6   901,188.6   100.0
                         

Net Factor Income from the Rest of the World

  745.3   1,793.7   (1,216.1 )   1,116.5   1,352.1   —  

Gross National Income at Current Price

  725,420.3   781,174.2   809,299.8     849,161.2   902,541.3   100.0

 

(1)   Preliminary.

Source: National Accounts Year 2007; The Bank of Korea.

 

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Gross Domestic Product by Economic Sector

(at constant 2000 market prices)

 

    2003   2004   2005   2006   2007(1)   As % of
GDP
2007(1)
    (billions of won)

Industrial Sectors:

           

Agriculture, Forestry and Fisheries

  23,138.3   25,258.5   25,446.6   25,067.2   25,339.1   3.2

Mining and Manufacturing

  177,311.9   196,832.1   210,587.0   228,317.6   243,023.1   30.5

Mining and Quarrying

  1,894.9   1,946.5   1,913.7   1,946.1   1,978.1   0.3

Manufacturing

  175,417.0   194,885.6   208,673.3   226,371.5   241,045.0   30.2

Electricity, Gas and Water

  15,981.3   17,035.3   18,360.7   18,990.8   19,752.6   2.5

Construction

  50,548.7   51,459.1   51,413.0   51,578.8   52,523.4   6.6

Services:

  321,011.9   327,166.7   338,177.8   352,353.5   369,189.1   46.3

Wholesale and Retail Trade, Restaurants and Hotels

  59,563.9   59,471.4   60,687.0   62,821.7   65,018.6   8.2

Transportation, Storage and Communication

  47,486.1   50,808.6   53,254.2   55,691.5   58,673.3   7.4

Financial Intermediation

  46,855.5   46,211.5   48,392.3   50,933.2   56,165.2   7.0

Real Estate, Renting and Business Activities

  73,291.6   74,690.0   77,247.9   80,169.6   83,072.4   10.4

Public Administration and Defense:

           

Compulsory Social Security

  31,189.9   31,838.1   32,662.5   33,727.6   34,574.1   4.3

Education

  29,169.8   29,813.6   30,174.2   30,956.2   31,447.0   3.9

Health and Social Work

  13,298.7   13,965.2   14,752.8   15,818.5   17,100.1   2.1

Other Service Activities

  20,156.4   20,368.3   21,006.9   22,235.2   22,138.4   2.9
                       

Taxes less subsidies on products

  74,662.7   76,243.6   79,141.8   83,943.3   88,229.7   11.1
                       

Gross Domestic Product at Market Prices

  662,654.8   693,995.5   723,126.8   760,251.2   798,057.0   100.0
                       

 

(1)   Preliminary.

Source: National Accounts Year 2007; The Bank of Korea.

 

GDP growth in 2004 was 4.7% at constant market prices, as aggregate private and general government consumption expenditures increased by 0.4% and gross domestic fixed capital formation increased by 2.1%, each compared with 2003.

 

GDP growth in 2005 was 4.2% at constant market prices, as aggregate private and general government consumption expenditures increased by 3.9% and gross domestic fixed capital formation increased by 2.4%, each compared with 2004.

 

GDP growth in 2006 was 5.1% at constant market prices, as aggregate private and general government consumption expenditures increased by 4.8% and gross domestic fixed capital formation increased by 3.6%, each compared with 2005.

 

Based on preliminary data, GDP growth in 2007 was 5.0% at constant prices, as aggregate private and general government consumption expenditures increased by 4.7% and gross domestic fixed capital formation increased by 4.0%, each compared with 2006.

 

Based on preliminary data, GDP growth in the first six months of 2008 was 5.3% at constant prices, as aggregate private and general government consumption expenditures increased by 3.1% and gross domestic fixed capital formation increased by 0.5%, each compared with the same period of 2007.

 

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Based on preliminary data, GDP growth in the third quarter of 2008 was 3.8% at constant prices, as aggregate private and general government consumption expenditures increased by 1.7% and gross domestic fixed capital formation increased by 1.4%, each compared with the same period of 2007.

 

Principal Sectors of the Economy

 

Industrial Sectors

 

The following table sets out production indices for the principal industrial products of the Republic and their relative contribution to total industrial production:

 

Industrial Production

(2005 = 100)

 

    Index
Weight(1)
  2003   2004   2005   2006   2007(2)

All Industries

  10,000.0   85.2   94.0   100   108.4   115.8

Mining and Manufacturing

  9,458.5   85.0   94.1   100   108.6   116.2

Mining

  36.5   112.4   108.4   100   95.8   90.8

Petroleum, Crude Petroleum and Natural Gas

  8.7   116.2   113.9   100   93.4   82.1

Metal Ores

  0.5   78.8   103.6   100   113.2   171.0

Non-metallic Minerals

  27.3   113.0   108.1   100   96.3   92.1

Manufacturing

  9,422.0   84.9   94.0   100   108.7   116.3

Food Products

  479.2   98.1   100.2   100   101.7   101.6

Beverage Products

  159.0   99.7   101.4   100   99.4   101.5

Tobacco Products

  55.1   114.8   124.2   100   111.9   116.2

Textiles

  226.0   124.6   114.2   100   100.2   99.0

Wearing Apparel, Clothing Accessories and Fur Articles

  174.6   94.8   94.8   100   109.6   115.8

Tanning and Dressing of Leather, Luggage and Footwear

  47.9   128.6   110.8   100   102.5   98.7

Wood and Products of Wood and Cork (Except Furniture)

  46.7   109.1   104.5   100   109.6   108.2

Pulp, Paper and Paper Products

  145.0   96.4   99.4   100   102.1   105.2

Printing and Reproduction of Recorded Media

  77.0   109.1   106.8   100   102.0   101.3

Coke, hard-coal and lignite fuel briquettes and Refined Petroleum Products

  315.2   93.8   96.9   100   101.3   102.5

Chemicals and Chemical Products

  772.2   94.0   98.6   100   102.5   109.4

Pharmaceuticals, Medicinal Chemicals and Botanical Products

  187.1   83.5   89.5   100   111.2   120.5

Rubber and Plastic Products

  434.2   94.9   98.1   100   106.8   112.3

Non-metallic Minerals

  309.9   108.7   107.0   100   106.1   112.2

Basic Metals

  753.2   94.8   99.7   100   103.7   108.1

Fabricated Metal Products

  490.8   99.0   101.6   100   106.3   112.1

Electronic Components, Computer, Radio, Television and Communication Equipment and Apparatuses

  1,970.4   66.8   85.0   100   122.3   139.1

Medical, Precision and Optical Instruments, Watches and Clocks

  102.8   103.9   105.6   100   107.3   112.8

Electrical Equipment

  449.5   91.2   96.6   100   100.3   104.3

Other Machinery and Equipment

  737.5   86.2   97.0   100   109.5   120.2

Motor Vehicles, Trailers and Semitrailers

  1,101.2   82.6   92.2   100   108.0   114.5

Other Transport Equipment

  254.3   81.6   92.9   100   108.3   114.9

Furniture

  79.0   103.0   102.7   100   101.4   100.0

Other Products

  54.2   129.7   113.7   100   94.8   95.1

Electricity, Gas

  541.5   88.2   93.3   100   104.1   108.8

Publishing activities

  109.3   109.4   105.8   100   101.2   97.5

Total Index (including Publishing Activities)

  10,109.3   85.4   94.2   100   108.3   115.6

 

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(1)   Index weights were established on the basis of an industrial census in 2005 and reflect the average annual value added by production in each of the classifications shown, expressed as a percentage of total value added in the mining, manufacturing and electricity and gas industries in that year.
(2)   Preliminary.

Source: National Statistical Office.

 

Industrial production increased by 5.5% in 2003 primarily due to increased exports and construction investment growth although domestic consumption was sluggish during 2003. Industrial production increased by 10.4% in 2004 primarily due to increased exports and domestic consumption recovery. Industrial production increased by 6.3% in 2005 primarily due to strong exports and increased domestic consumption. Industrial production increased by 8.4% in 2006 primarily due to increased exports and domestic consumption. Industrial production increased by 6.8% in 2007 primarily due to solid export growth and domestic consumption.

 

Manufacturing

 

The manufacturing sector increased production by 5.6% in 2003, 10.8% in 2004, 6.3% in 2005 and 8.7% in 2006. In 2007, the manufacturing sector increased production by 7.0%.

 

Light Industry.    In 2003, light industry recorded a 3.8% decline due to the decreased production of textile, apparel, publishing and printing and food products and beverages. In 2004, light industry recorded a 0.6% decrease due to decreased production of food products, textile, apparel and furniture. In 2005, light industry recorded a 2.6% decrease due to decreased production of textile, wood products, publishing and printing, furniture and non-metallic mineral products. In 2006, light industry recorded a 3.6% increase. In 2007, light industry recorded a 1.7% increase.

 

Automobiles.    In 2003, automobile production increased by 6.5%, domestic sales recorded a decrease of 9.7% and exports recorded an increase of 29.4%, each compared with 2002. In 2004, automobile production increased by 11.7%, domestic sales recorded a decrease of 11.3% and exports recorded an increase of 39.0%, compared with 2003. In 2005, automobile production increased by 8.4%, domestic sales recorded an increase of 10.0% and exports recorded an increase of 11.0%, compared with 2004. In 2006, automobile production increased by 8.0%, domestic sales recorded an increase of 9.7% and exports recorded an increase of 11.6%, compared with 2005. In 2007, automobile production increased by 6.0%, domestic sales recorded an increase of 6.7% and exports recorded an increase of 13.2%, compared with 2006.

 

Electronics.    In 2003, electronics production increased by 17.2% and exports increased by 22.1%, each compared with 2002 primarily due to the continued growth in global information technology products demand. In 2003, export sales of semiconductor memory chips constituted approximately 10.1% of the Republic’s total exports. In 2004, electronics production increased by 27.3% and exports increased by 35.7%, each compared with 2003 primarily due to growth in exports of semiconductor memory chips and global information technology products. In 2004, export sales of semiconductor memory chips constituted approximately 10.4% of the Republic’s total exports. In 2005, electronics production increased by 17.6% and exports increased by 13.1%, each compared with 2004 primarily due to continued growth in exports of semiconductor memory chips and global information technology products. In 2005, export sales of semiconductor memory chips constituted approximately 10.5% of the Republic’s total exports. In 2006, electronics production increased by 22.3% and exports increased by 24.6%, each compared with 2005. In 2006, export sales of semiconductor memory chips constituted approximately 11.5% of the Republic’s total exports. In

 

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2007, electronics production increased by 13.7% and exports increased by 4.5%, each compared with 2006. In 2007, export sales of semiconductor memory chips constituted approximately 10.5% of the Republic’s total exports.

 

Iron and Steel.    In 2003, crude steel production totaled 46.3 million tons, an increase of 2.0% from 2002. Domestic sales increased by 3.8% and exports increased by 31.8%. In 2004, crude steel production totaled 47.5 million tons, an increase of 2.6% from 2003. Domestic sales increased by 4.1% and exports increased by 44.4% due to increased demand in China. In 2005, crude steel production totaled 47.8 million tons, an increase of 0.6% from 2004. Domestic sales decreased by 0.2% and exports increased by 11.7% due to continued strong demand in China. In 2006, crude steel production totaled 48.5 million tons, an increase of 1.3% from 2005. Domestic sales increased by 5.7% and exports increased by 10.8%. In 2007, crude steel production totaled 51.5 million tons, an increase of 6.3% from 2006. Domestic sales increased by 10.6% and exports increased by 18.7%.

 

Shipbuilding.    In 2003, the Republic’s shipbuilding orders amounted to 16.0 million compensated gross tons, an increase of 146.2% compared to 2002. In 2004, the Republic’s shipbuilding orders amounted to 15.6 million compensated gross tons, a decrease of 2.5% compared to 2003. In 2005, the Republic’s shipbuilding orders amounted to 12.2 million compensated gross tons, a decrease of 21.8% compared to 2004. In 2006, the Republic’s shipbuilding orders amounted to 20.6 million compensated gross tons, an increase of 68.9% compared to 2005. In 2007, the Republic’s shipbuilding orders amounted to 32.6 million compensated gross tons, an increase of 58.3% compared to 2006.

 

Agriculture, Forestry and Fisheries

 

The Government’s agricultural policy has traditionally focused on:

 

   

grain production;

 

   

development of irrigation systems;

 

   

land consolidation and reclamation;

 

   

seed improvement;

 

   

mechanization measures to combat drought and flood damage; and

 

   

increasing agricultural incomes.

 

Recently, however, the Government has increased emphasis on cultivating profitable crops and strengthening international competitiveness in anticipation of opening the domestic agricultural market.

 

In 2003, rice production decreased 10.9% from 2002 to 4.9 million tons. In 2004, rice production decreased 8.2% from 2003 to 4.5 million tons. In 2005, rice production increased 11.1% from 2004 to 5.0 million tons. In 2006, rice production decreased 4.0% from 2005 to 4.8 million tons. Based on preliminary data, in 2007, rice production decreased 2.1% from 2006 to 4.7 million tons. Due to limited crop yields resulting from geographical and physical constraints, the Republic depends on imports for certain basic foodstuffs. In 2003, 2004, 2005, 2006 and 2007, the Republic’s self sufficiency ratio was 53.3%, 50.3%, 54.0%, 53.6% and 51.1%, respectively.

 

The Government is seeking to develop the fishing industry by encouraging the building of large fishing vessels and modernizing fishing equipment, marketing techniques and distribution outlets.

 

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In 2003, the agriculture, forestry and fisheries industry decreased by 5.3% compared to 2002 primarily due to unfavorable weather conditions. In 2004, the agriculture, forestry and fisheries industry increased by 9.2% compared to 2003 primarily due to increased production of rice, fruits and vegetables, as well as an increase in fishing catch. In 2005, the agriculture, forestry and fisheries industry increased by 0.7% compared to 2004 primarily due to slightly increased production of rice, fruits and corns. In 2006, the agriculture, forestry and fisheries industry decreased by 1.5% compared to 2005 primarily due to a slowdown in the cultivation and livestock industry. Based on preliminary data, in 2007, the agriculture, forestry and fisheries industry increased by 1.1% compared to 2006 primarily due to an increase in fishing catch which offset a decrease in the production of rice.

 

Construction

 

In 2003, the construction industry increased by 8.6% compared to 2002, mainly driven by a surge in building construction, notably of commercial and residential buildings. In 2004, the construction industry increased by 1.8% compared to 2003 primarily due to a steady increase in residential and commercial construction. In 2005, the construction industry decreased by 0.1% compared to 2004 primarily due to a slight decrease in residential and commercial construction. In 2006, the construction industry increased by 0.3% compared to 2005 primarily due to a slight increase in the construction of residential and commercial buildings. Based on preliminary data, in 2007, the construction industry increased by 1.8% compared to 2006 primarily due to an increase in the construction of commercial buildings which offset a slight decrease in the construction of residential buildings.

 

The construction industry is currently experiencing a downturn, due to excessive investment in recent years in residential property development projects, stagnation of real property prices and reduced demand for residential property, especially in areas outside of Seoul, as a result of deteriorating conditions in the Korean economy. The Government has recently announced that it will adopt measures to support the Korean construction industry, including a (Won)5 trillion program to buy unsold housing units and land from construction companies.

 

Electricity and Gas

 

The following table sets out the Republic’s dependence on imports for energy consumption:

 

Dependence on Imports for Energy Consumption

 

     Total Energy
Consumption
   Imports    Imports
Dependence
Ratio
     (millions of tons of oil equivalents, except ratios)

2003

   215.1    208.3    96.8

2004

   220.2    213.0    96.7

2005

   228.6    221.3    96.8

2006

   233.4    225.9    96.8

2007

   234.1    226.3    96.7

 

Source: Korea Energy Economics Institute.

 

Korea has no domestic oil or gas production and depends on imported oil and gas to meet its energy requirements. Accordingly, the international prices of oil and gas significantly affect the Korean economy. Any significant long-term increase in the prices of oil and gas will increase inflationary pressures in Korea and adversely affect the Republic’s balance of trade.

 

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To reduce its dependence on oil and gas imports, the Government has encouraged energy conservation and energy source diversification emphasizing nuclear energy. The following table sets out the principal primary sources of energy consumed in the Republic, expressed in oil equivalents and as a percentage of total energy consumption.

 

Consumption of Energy by Source

 

     Coal    Petroleum    Nuclear    Others    Total
     Quantity    %    Quantity    %    Quantity    %    Quantity    %    Quantity    %

2003

   51.1    23.7    102.4    47.6    32.4    15.1    29.2    13.5    215.1    100.0

2004

   53.1    24.1    100.6    45.7    32.7    14.8    33.8    15.4    220.2    100.0

2005

   54.8    24.0    101.5    44.4    36.7    16.1    36.1    15.5    228.6    100.0

2006

   56.7    24.3    101.8    43.6    37.2    15.9    36.2    16.2    233.4    100.0

2007

   59.7    25.5    104.5    44.6    30.7    13.1    39.2    16.7    234.1    100.0

 

Source: Korea Energy Economics Institute.

 

The Republic’s first nuclear power plant went into full operation in 1978 with a rated generating capacity of 587 megawatts. Construction of an additional 18 nuclear power plants was completed by July 2004, adding 16,129 megawatts of generating capacity. The Republic’s total nuclear power generating capacity is estimated to be 17,715 megawatts as of December 31, 2006.

 

Services Sector

 

In 2003, the transportation, storage and communications sector increased by 4.8% compared with 2002. In 2004, the transportation, storage and communications sector increased by 7.0%. In 2005, the transportation, storage and communications sector increased by 4.8%. In 2006, the transportation, storage and communications sector increased by 4.6%. Based on preliminary data, in 2007, the transportation, storage and communications sector increased by 5.4%. In 2003, the financing, insurance, real estate and business service subsector increased by 1.5% compared with 2002. In 2004, the financing, real estate and business service subsector increased by 1.4% compared to 2003. In 2005, the financing, real estate and business service subsector increased by 3.4% compared to 2004. In 2006, the financing, real estate and business service subsector increased by 4.3% compared to 2005. Based on preliminary data, in 2007, the financing, real estate and business service subsector increased by 5.0% compared to 2006.

 

Prices, Wages and Employment

 

The following table shows selected price and wage indices and unemployment rates:

 

     Producer
Price
Index(1)
   Increase
Over
Previous
Year
   Consumer
Price
Index(1)
   Increase
Over
Previous
Year
   Wage
Index(1)(2)
   Increase
Over
Previous
Year
   Unemployment
Rate(1)(3)
     (2000=100)    (%)    (2005=100)    (%)    (2000=100)    (%)    (%)

2003

   101.4    2.2    93.9    3.5    127.6    9.2    3.6

2004

   107.6    6.1    97.3    3.6    135.2    6.0    3.7

2005

   109.9    2.1    100.0    2.8    144.2    6.6    3.7

2006

   112.4    2.3    102.2    2.2    152.5    5.7    3.5

2007

   115.4    2.7    104.8    2.5    160.0    5.6    3.2

 

(1)   Average for year.

 

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(2)   Nominal wage index of earnings in all industries.
(3)   Expressed as a percentage of the economically active population.

Source: The Bank of Korea; Korea National Statistical Office.

 

The inflation rate, on an annualized basis, was 3.5% in 2003, 3.6% in 2004, 2.8% in 2005, 2.2% in 2006 and 2.5% in 2007. The inflation rate was 3.8% in the first quarter of 2008, 4.8% in the second quarter of 2008 and 5.5% in the third quarter of 2008, each compared to the same period of 2007.

 

The unemployment rate was 3.6% in 2003, 3.7% in 2004, 3.7% in 2005, 3.5% in 2006 and 3.2% in 2007. The unemployment rate was 3.4% in the first quarter of 2008, 3.1% in the second quarter of 2008 and 3.1% in the third quarter of 2008.

 

From 1992 to 2007, the economically active population of the Republic increased by 24.1% to 24.2 million, while the number of employees increased by 23.8% to 23.4 million. The economically active population over 15 years old as a percentage of the total over-15 population has remained between 60% and 63% over the past decade. Literacy among workers under 50 is almost universal.

 

As of July 1, 2004, Korea adopted a five-day workweek for large corporations with over 1,000 employees, publicly-owned (state-run) companies, banks and insurance companies, reducing working hours from 44 to 40 hours a week. The adoption of the five-day workweek has been extended to companies with over 300 employees and to government employees as of July 1, 2005 and to companies with over 100 employees as of July 1, 2006. Companies with more than 50 employees adopted the five-day workweek as of July 1, 2007 and those with over 20 adopted the five-day workweek as of July 1, 2008. Companies with less than 20 employees are also scheduled to adopt the five-day workweek by the end of 2011.

 

Approximately 10.3% of the Republic’s workers were unionized as of December 31, 2006. In the early 2000s, the labor unions of several of the Republic’s largest commercial banks, including Kookmin Bank, Chohung Bank (which was later acquired by Shinhan Bank) and Citibank (formerly KorAm Bank), staged strikes in response to consolidation in the banking industry. In addition, in the summer of 2004 and 2005, respectively, unionized workers of GS Caltex Corporation and Asiana Airlines staged strikes demanding better compensation and working conditions. In the fall of 2005, unionized workers at Hyundai Motor Company and Kia Motors Corp. went on strikes during annual contract talks. In December 2005, Korean Air’s unionized pilots also staged strikes demanding a higher wage increase. In the summer of 2006, unionized workers of Hyundai Motor Company and Kia Motors Corp. went on partial strikes demanding better compensation and working conditions, and unionized workers of Ssangyong Motor Company went on strike in response to the company’s proposed layoff plans. In July 2006, unionized workers of POSCO’s subcontractors initiated a sit-in strike at POSCO’s headquarters in Pohang demanding better wages and working conditions, disrupting POSCO’s operations for nine days. Also, in June 2007, unionized workers of Hyundai Motor Company went on partial strikes demanding a higher bonus increase. Actions such as these by labor unions may hinder implementation of the labor reform measures and disrupt the Government’s plans to create a more flexible labor market. Although much effort is being expended to resolve labor disputes in a peaceful manner, there can be no assurance that further labor unrest will not occur in the future. Continued labor unrest in key industries of the Republic may have an adverse effect on the economy.

 

In 1997, the Korean Confederation of Trade Unions organized a political alliance, which led to the formation of the Democratic Labor Party in January 2000. The Democratic Labor Party, which seeks to represent the interests of workers, controls five seats in the National Assembly from May 30, 2008 as a result of the 18th legislative general election held on April 9, 2008.

 

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The Financial System

 

Structure of the Financial Sector

 

The Republic’s financial sector includes the following categories of financial institutions:

 

   

The Bank of Korea;

 

   

banking institutions;

 

   

non-bank financial institutions; and

 

   

other financial entities, including:

 

   

securities institutions;

 

   

credit guarantee institutions;

 

   

venture capital companies; and

 

   

miscellaneous others.

 

To increase transparency in financial transactions and enhance the integrity and efficiency of the financial markets, Korean law requires that financial institutions confirm that their clients use their real names when transacting business. To ease the liquidity crisis, the Government altered the real-name financial transactions system during 1998, to allow the sale or deposit of foreign currencies through domestic financial institutions and the purchase of certain bonds, including Government bonds, without identification. The Government also strengthened confidentiality protection for private financial transactions.

 

In July 2007, the Korean National Assembly passed the Act on Capital Markets and Financial Investment Business, or ACMFIB, under which various industry-based capital markets regulatory systems currently in place will be consolidated into a single regulatory system. The ACMFIB, which will become effective in February 2009, will expand the scope of permitted investment-related financial products and activities through expansive definitions of financial instruments and function- based regulations that allow financial investment companies to offer a wider range of financial services, as well as strengthening investor protection and disclosure requirements. The Enforcement Decree of the ACMFIB classifies the financial investment companies into a total of 81 categories depending on the types of (i) financial investment services, (ii) financial investment products, and (iii) investors.

 

Banking Industry

 

The banking industry comprises commercial banks and specialized banks. Commercial banks serve the general public and corporate sectors. They include nationwide banks, regional banks and branches of foreign banks. Regional banks provide services similar to nationwide banks, but operate in a geographically restricted region. Branches of foreign banks have operated in Korea since 1967 but provide a relatively small proportion of the country’s banking services. As of December 31, 2007, commercial banks consisted of seven nationwide banks, all of which have branch networks throughout Korea, six regional banks and 50 branches of 36 foreign banks operating in the country. Nationwide and regional banks had, in the aggregate, 5,430 domestic branches and offices, 54 overseas branches, four overseas representative offices and 21 overseas subsidiaries as of September 30, 2007.

 

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Specialized banks meet the needs of specific sectors of the economy in accordance with Government policy; they are organized under, or chartered by, special laws. Specialized banks include:

 

   

The Korea Development Bank;

 

   

The Export-Import Bank of Korea;

 

   

The Industrial Bank of Korea;

 

   

National Agricultural Cooperative Federation (which merged with the National Livestock Cooperative Federation in July 2000); and

 

   

National Federation of Fisheries Cooperatives.

 

The economic difficulties in 1997 and 1998 caused an increase in Korean banks’ non-performing assets and a decline in capital adequacy ratios of Korean banks. From 1998 through 2002, the Financial Services Commission amended banking regulations several times to adopt more stringent criteria for non-performing loans that more closely followed international standards. The new criteria increased the level of non-performing loans held by banks and other financial institutions. The following table sets out the total loans and discounts and non-performing assets of the commercial banking sector.

 

     Total Loans    Non-Performing
Assets
   Percentage
of Total
     (trillions of won)    (percentage)

December 31, 2003

   499.5    13.7    2.7

December 31, 2004

   512.3    10.1    2.0

December 31, 2005

   548.0    7.0    1.3

December 31, 2006

   645.4    5.8    0.9

December 31, 2007

   733.9    5.4    0.7

September 30, 2008(1)

   854.3    6.9    0.8

 

(1)   Preliminary

Source: Financial Supervisory Service.

 

Most of the growth in total loans since the end of 2002 has been attributable to loans to the retail sector, accounting for 51.7% of total loans as of September 30, 2007, compared to 34.3% as of December 31, 1999.

 

A group of the Republic’s banks, including seven nationwide commercial banks, six regional commercial banks and five special banks, posted an aggregate net profit of (Won)1.7 trillion in 2003, compared to an aggregate net profit of (Won)5.0 trillion in 2002, primarily due to increased loan loss provisions for SK Networks and credit card companies. In 2004, these banks posted an aggregate net profit of (Won)8.8 trillion compared to an aggregate net profit of (Won)1.7 trillion in 2003, primarily due to decreased loan loss provisions and increased investment income. In 2005, these banks posted an aggregate net profit of (Won)13.6 trillion primarily due to decreased loan loss provisions and increased commissions and foreign exchange revenues. In 2006, these banks posted an aggregate net profit of (Won)13.6 trillion. Based on preliminary data, in 2007, these banks posted an aggregate net profit of (Won)15.0 trillion. Based on preliminary data, in the first nine months of 2008, these banks posted an aggregate net profit of (Won)8.4 trillion, compared to an aggregate net profit of (Won)13.2 trillion in the same period of 2007, primarily due to decreased gains on disposition of equity holdings converted from loans and increased loan loss provisions.

 

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Non-Bank Financial Institutions

 

Non-bank financial institutions include:

 

   

investment institutions, including merchant banks, asset management companies and the Korea Securities Finance Corporation;

 

   

savings institutions, including trust accounts of banks, mutual savings banks, credit unions, mutual credit facilities, community credit cooperatives and postal savings;

 

   

life insurance institutions; and

 

   

credit card companies.

 

As of December 31, 2007, two merchant banks were operating in the country. As of December 31, 2007, the total assets of Korea’s merchant banks amounted to an aggregate of (Won)1,794.4 billion.

 

As of August 18, 2008, 58 asset management companies, which manage trust assets and/or assets held by investment companies under the Indirect Investment Asset Management Business Act, with assets totaling approximately (Won)334.4 trillion, were operating in Korea.

 

The Korean Bank Act permits banks to provide trust account management services under the Trust Business Act, as well as asset management services under the Indirect Investment Asset Management Business Act, effective January 5, 2004, with the approval of the Financial Services Commission. In this regard, pursuant to an addendum to the Indirect Investment Asset Management Business Act, banks already engaged in trust account management services for money trust products (excluding products that are managed under specified investment policies) under the Trust Business Act are permitted to continue offering such services, provided they qualified as an asset management company under the Indirect Investment Asset Management Business Act before July 5, 2004. In addition, banks that failed to qualify as an asset management company before July 5, 2004, may apply for qualification pursuant to separate procedures under the Indirect Investment Asset Management Business Act. Banks segregate trust assets and cannot use them to satisfy claims of depositors or other creditors. Accordingly, trust accounts appear separately from banking accounts in the banks’ financial statements. As of March 31, 2008, assets of trust accounts of all banks providing trust account management services totaled (Won)97.7 trillion.

 

The country had 107 mutual savings banks as of December 31, 2007, with assets totaling (Won)57,905.0 billion.

 

As of December 31, 2007, 12 domestic life insurance institutions, two joint venture life insurance institutions and eight wholly-owned subsidiaries of foreign life insurance companies, with assets totaling approximately (Won)297.3 trillion as of December 31, 2007, were operating in the Republic.

 

As of September 30, 2007, six credit card companies operated in the country with loans totaling approximately (Won)38.6 trillion, of which 3.3% were classified as non-performing loans.

 

Money Markets

 

In Korea, the money markets consist of the call market and markets for a wide range of other short-term financial instruments, including treasury bills, monetary stabilization bonds, negotiable certificates of deposits, repurchase agreements and commercial paper.

 

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Securities Markets

 

As of December 31, 2007, 40 domestic securities companies (including joint venture securities companies) and 14 branches of foreign securities companies operated in Korea.

 

The Korea Stock Exchange, a non-profit corporation wholly owned by its member firms began operations in 1956 as Korea’s only stock exchange. It had a single trading floor located in Seoul. The exchange imposed daily limits on share price movements to avoid excessive fluctuation. The Korea Composite Stock Price Index was comprised of all equities listed on the exchange. The exchange opened a stock index futures market in May 1996 and an options market in July 1997.

 

In addition to the Korea Stock Exchange, Korea has two over-the-counter stock markets. The KOSDAQ Stock Market was established in July 1996, and the OTC Bulletin Board Market was launched in March 2000 for trading of shares not listed on either the Korea Stock Exchange or the KOSDAQ. Pursuant to the Korea Securities and Futures Exchange Act promulgated in January 2004, the Korea Stock Exchange, the KOSDAQ and the Korea Futures Exchange were merged into a single exchange known as the Korea Exchange in January 2005. Following this merger, the Korea Stock Exchange, the KOSDAQ and the Korea Futures Exchange were organized into the Stock Market Division of the Korea Exchange, the KOSDAQ Market Division of the Korea Exchange and the Futures Market Division of the Korea Exchange, respectively.

 

The following table shows the value of the Korea Composite Stock Price Index as of the dates indicated:

 

December 30, 2003

   810.7

January 30, 2004

   848.5

February 27, 2004

   883.4

March 31, 2004

   880.5

April 30, 2004

   862.8

May 31, 2004

   803.8

June 30, 2004

   785.8

July 31, 2004

   735.3

August 31, 2004

   803.6

September 30, 2004

   835.1

October 29, 2004

   834.8

November 30, 2004

   878.1

December 30, 2004

   895.9

January 31, 2005

   932.7

February 28, 2005

   1,011.4

March 31, 2005

   965.7

April 30, 2005

   911.3

May 31, 2005

   970.2

June 30, 2005

   1,008.2

July 29, 2005

   1,111.3

August 31, 2005

   1,083.3

September 30, 2005

   1,221.0

October 31, 2005

   1,158.1

November 30, 2005

   1,297.4

 

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December 29, 2005

   1,379.4

January 31, 2006

   1,399.8

February 28, 2006

   1,371.6

March 31, 2006

   1,359.6

April 28, 2006

   1,419.7

May 30, 2006

   1,317.7

June 30, 2006

   1,295.2

July 31, 2006

   1,297.8

August 31, 2006

   1,352.7

September 29, 2006

   1,371.4

October 31, 2006

   1,364.6

November 30, 2006

   1,432.2

December 28, 2006

   1,434.5

January 31, 2007

   1,360.2

February 28, 2007

   1,417.3

March 31, 2007

   1,452.6

April 30, 2007

   1,542.2

May 31, 2007

   1,700.9

June 30, 2007

   1,743.6

July 31, 2007

   1,933.3

August 31, 2007

   1,873.2

September 28, 2007

   1,946.5

October 31, 2007

   2,064.9

November 30, 2007

   1,906.0

December 28, 2007

   1,897.1

January 31, 2008

   1,624.7

February 29, 2008

   1,711.6

March 31, 2008

   1,704.0

April 30, 2008

   1,825.5

May 30, 2008

   1,852.0

June 30, 2008

   1,674.9

July 31, 2008

   1,594.7

August 29, 2008

   1,474.2

September 30, 2008

   1,448.1

October 31, 2008

   1,113.1

November 28, 2008

   1,076.1

 

On December 27, 1997, the last day of trading in 1997, the index stood at 376.3, a sharp decline from 647.1 on September 30, 1997. The fall resulted from growing concerns about the Republic’s weakening financial and corporate sectors, the Republic’s falling foreign currency reserves, the sharp depreciation of the Won against the U.S. Dollar and other external factors, such as a sharp decline in stock prices in Hong Kong on October 24, 1997 and financial turmoil in Southeast Asian countries. The Korea Composite Stock Price Index recovered to reach a high of 2,064.9 in late 2007 but since then the index declined. As liquidity and credit concerns and volatility in the global financial markets increased significantly in September and October 2008, there has been a significant overall decline and continuing volatility in the stock prices of Korean companies. The index was 1,169.8 on December 17, 2008.

 

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Supervision System

 

The Office of Bank Supervision, the Securities Supervisory Board, the Insurance Supervisory Board and all other financial sector regulatory bodies merged in January 1999 to form the Financial Services Commission. The Financial Services Commission acts as the executive body over the Financial Supervisory Service. The Financial Services Commission reports to, but operates independently of, the Prime Minister’s office.

 

The Ministry of Strategy and Finance (formerly the Ministry of Finance and Economy) focuses on financial policy and foreign currency regulations. The Bank of Korea manages monetary policy focusing on price stabilization.

 

Deposit Insurance System

 

The Republic’s deposit insurance system insures amounts on deposit with banks, non-bank financial institutions, securities companies and life insurance companies.

 

Since January 2001, deposits at any single financial institution are insured only up to (Won)50 million regardless of the amount deposited.

 

The Government recently excluded certain deposits, such as repurchase agreements, from the insurance scheme, expanded the definition of unsound financial institutions to which the insurance scheme would apply and increased the insurance premiums payable by insured financial institutions.

 

Monetary Policy

 

The Bank of Korea

 

The Bank of Korea was established in 1950 as Korea’s central bank and the country’s sole currency issuing bank. A seven-member Monetary Policy Committee, chaired by the Governor of The Bank of Korea, formulates and controls monetary and credit policies.

 

The core inflation rate, which is the consumer price index adjusted to remove the non-cereal agriculture and petroleum components, is used as The Bank of Korea’s target indicator. To achieve its established inflation target, the Monetary Policy Committee of The Bank of Korea determines and announces its overnight call rate target on a monthly basis. The Bank of Korea uses open market operations as its primary instrument to keep the call rate in line with the Monetary Policy Committee’s target rate. In addition, The Bank of Korea is able to establish policies regarding its lending to banks in Korea and their reserve requirements.

 

Interest Rates

 

On July 10, 2003, The Bank of Korea cut its policy rate to 3.75% from 4.00%, which was further lowered to 3.5% on August 12, 2004 and 3.25% on November 11, 2004, in order to help economic recovery and to address financial market instability. On October 11, 2005, The Bank of Korea raised the policy rate to 3.5%, which was further raised to 3.75% on December 8, 2005, to 4.0% on February 9, 2006 and to 4.25% on June 8, 2006, in response to the increasing side-effects of a low interest rate environment including inflationary pressures coupled with signs of the recovery of the real economy. On July 12, 2007, The Bank of Korea raised the policy rate to 4.75% from 4.5%, which was further raised to 5.0% on August 9, 2007. The rationale for this change was the concern that the ample

 

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market liquidity might put upside pressure on inflation in the medium to long term as the economic upswing continued. On August 7, 2008, The Bank of Korea raised the policy rate to 5.25% from 5.0%, taking the view that inflation in consumer prices had picked up its pace, due to the direct and indirect effects of high oil prices, at a time when domestic economic activity had slackened. On October 9, 2008, The Bank of Korea cut its policy rate to 5.0% from 5.25%, which was further lowered to 4.25% on October 27, 2008, 4.0% on November 7, 2008 and 3.0% on December 11, 2008, in order to address financial market instability and to help combat the slowdown of the domestic economy.

 

With the deregulation of interest rates on banks’ demand deposits on February 2, 2004, The Bank of Korea completed the interest rate deregulation based upon the “Four-Stage Interest Rate Liberalization Plan” announced in 1991. The prohibition on the payment of interest on ordinary checking accounts was, however, maintained.

 

Money Supply

 

The following table shows the volume of the Republic’s money supply:

 

     December 31,  
     2003     2004     2005     2006     2007  
     (billions of won)  

Money Supply (M1)(1)

   298,952.9     321,727.7     332,344.9     371,087.6     316,382.7  

Quasi-money(2)

   599,116.5     632,994.8     689,103.8     778,174.5     957,229.2  

Money Supply (M2)

   898,069.4     954,722.5     1,021,448.7     1,149,262.1     1,273,611.9  

Percentage Increase Over Previous Year

   3.0 %   6.3 %   7.0 %   12.5 %   10.8 %

 

(1)   Consists of currency in circulation and demand and instant access savings deposits at financial institutions.
(2)   Includes time and installment savings deposits, marketable instruments, yield-based dividend instruments and financial debentures, excluding financial instruments with a maturity of more than two years.

Source: The Bank of Korea.

 

Exchange Controls

 

Authorized foreign exchange banks, as approved by the Ministry of Strategy and Finance, handle foreign exchange transactions. The ministry has designated other types of financial institutions to handle foreign exchange transactions on a limited basis.

 

Korean laws and regulations generally require the approval of, or a report to, either the Ministry of Strategy and Finance, The Bank of Korea or authorized foreign exchange banks, as applicable, for issuances of international bonds and other instruments, overseas investments and certain other transactions involving foreign exchange payments.

 

In 1994 and 1995, the Government relaxed regulations of foreign exchange position ceilings and foreign exchange transaction documentation and created free Won accounts which may be opened by non-residents at Korean foreign exchange banks. The Won funds deposited into the free Won accounts may be converted into foreign currencies and remitted outside Korea without any governmental approval. In December 1996, after joining the OECD, the Republic freed the repatriation of investment

 

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funds, dividends and profits, as well as loan repayments and interest payments. The Government continues to reduce exchange controls in response to changes in the world economy, including the new trade regime under the WTO, anticipating that such foreign exchange reform will improve the Republic’s competitiveness and encourage strategic alliances between domestic and foreign entities.

 

In September 1998 the National Assembly passed the Foreign Exchange Transactions Act, which became effective in April 1999 and was subsequently amended in October 2000, December 2000, December 2005 and January 2007. In principle, most currency and capital transactions, including, among others, the following transactions have been liberalized:

 

   

the investment in real property located overseas by Korean companies and financial institutions;

 

   

the establishment of overseas branches and subsidiaries by Korean companies and financial institutions;

 

   

the investment by non-residents in deposits and trust products having more than one year maturities; and

 

   

the issuance of debentures by non-residents in the Korean market.

 

To minimize the adverse effects from further opening of the Korean capital markets, the Ministry of Strategy and Finance is authorized to introduce a variable deposit requirement system to restrict the influx of short-term speculative funds.

 

The Government has also embarked on a second set of liberalization initiatives starting in January 2001, under which ceilings on international payments for Korean residents have been eliminated, including overseas travel expenses, overseas inheritance remittances and emigration expenses. Overseas deposits, trusts, acquisitions of foreign securities and other foreign capital transactions made by residents and the making of deposits in Korean currency made by non-residents have also been liberalized. In line with the foregoing liberalization, measures will also be adopted to curb illegal foreign exchange transactions and to stabilize the foreign exchange market.

 

Effective as of January 1, 2006, the Government liberalized the regulations governing “capital transactions.” The regulations provide that no regulatory approvals are required for any capital transactions. The capital transactions previously subject to approval requirements are now subject only to reporting requirements.

 

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Foreign Exchange

 

The following table shows the exchange rate between the Won and the U.S. Dollar (in Won per U.S. Dollar) as announced by the Seoul Money Brokerage Services, Ltd. as of the dates indicated:

 

Exchange Rates

 

     Won/U.S. Dollar
Exchange Rate

December 31, 2003

   1,197.8

January 31, 2004

   1,173.7

February 27, 2004

   1,176.2

March 31, 2004

   1,146.6

April 30, 2004

   1,167.7

May 31, 2004

   1,165.7

June 30, 2004

   1,152.5

July 31, 2004

   1,171.3

August 31, 2004

   1,153.8

September, 30, 2004

   1,147.9

October 30, 2004

   1,122.3

November 30, 2004

   1,047.9

December 31, 2004

   1,043.8

January 31, 2005

   1,026.4

February 28, 2005

   1,008.1

March 31, 2005

   1,024.3

April 30, 2005

   1,001.8

May 31, 2005

   1,002.5

June 30, 2005

   1,024.4

July 30, 2005

   1,025.7

August 31, 2005

   1,031.0

September 30, 2005

   1,038.0

October 31, 2005

   1,042.7

November 30, 2005

   1,036.3

December 30, 2005

   1,013.0

January 31, 2006

   971.0

February 28, 2006

   969.0

March 31, 2006

   975.9

April 28, 2006

   945.7

May 30, 2006

   947.4

June 30, 2006

   960.3

July 31, 2006

   953.1

August 31, 2006

   959.6

September 29, 2006

   945.2

October 31, 2006

   944.2

November 30, 2006

   929.9

 

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     Won/U.S. Dollar
Exchange Rate

December 29, 2006

   929.6

January 31, 2007

   940.9

February 28, 2007

   938.3

March 31, 2007

   940.3

April 30, 2007

   929.4

May 31, 2007

   929.9

June 30, 2007

   926.8

July 31, 2007

   923.2

August 31, 2007

   939.9

September 28, 2007

   920.7

October 31, 2007

   907.4

November 30, 2007

   929.6

December 31, 2007

   938.2

January 31, 2008

   943.9

February 29, 2008

   937.3

March 31, 2008

   991.7

April 30, 2008

   999.7

May 31, 2008

   1,031.4

June 30, 2008

   1,043.4

July 31, 2008

   1,008.5

August 29, 2008

   1,081.8

September 30, 2008

   1,187.7

October 31, 2008

   1,291.4

November 28, 2008

   1,482.7

 

Prior to November 1997, the Government permitted exchange rates to float within a daily range of 2.25%. In response to the substantial downward pressures on the Won caused by the Republic’s economic difficulties in late 1997, in November 1997, the Government expanded the range of permitted daily exchange rate fluctuations to 10%. The Government eliminated the daily exchange rate band in December 1997, and the Won now floats according to market forces. The value of the Won relative to the U.S. dollar depreciated from (Won)888.1 to US$1.00 on June 30, 1997 to (Won)1,964.8 to US$1.00 on December 24, 1997. Due to improved economic conditions and increases in trade surplus, the Won has generally appreciated against the U.S. dollar, although the trend reversed in March 2008. During the period from January 2, 2008 through December 17, 2008, the value of the Won relative to the U.S. dollar declined by approximately 31%, due primarily to adverse economic conditions resulting from recent liquidity and credit concerns and volatility in the global credit and financial markets and repatriations by foreign investors of their investments in the Korean stock market. The market average exchange rate was (Won)1,357.3 to US$1.00 on December 17, 2008.

 

Balance of Payments and Foreign Trade

 

Balance of Payments

 

Balance of payments figures measure the relative flow of goods, services and capital into and out of the country as represented in the current balance and the capital balance. The current balance tracks a country’s trade in goods and services and transfer payments and measures whether a country is living within its income from trading and investments. The capital balance covers all transactions involving the transfer of capital into and out of the country, including loans and investments. The overall balance

 

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represents the sum of the current and capital balances. An overall balance surplus indicates a net inflow of foreign currencies, thereby increasing demand for and strengthening the local currency. An overall balance deficit indicates a net outflow of foreign currencies, thereby decreasing demand for and weakening the local currency. The financial account mirrors the overall balance. If the overall balance is positive, the surplus, which represents the nation’s savings, finances the overall deficit of the country’s trading partners. Accordingly, the financial account will indicate cash outflows equal to the overall surplus. If, however, the overall balance is negative, the nation has an international deficit which must be financed. Accordingly, the financial account will indicate cash inflows equal to the overall deficit.

 

The following table sets out certain information with respect to the Republic’s balance of payments:

 

Balance of Payments

 

Classification

   2003     2004     2005     2006     2007(3)  
     (millions of dollars)  

Current Account

   11,949.5     28,173.5     14,980.9     5,385.2     5,954.3  

Goods

   21,952.0     37,568.8     32,683.1     27,905.1     29,409.4  

Exports(1)

   197,289.2     257,710.1     288,970.7     331,842.0     378,982.0  

Imports(1)

   175,337.2     220,141.3     256,287.6     303,936.9     349,572.6  

Services

   (7,424.2 )   (8,046.1 )   (13,658.2 )   (18,960.7 )   (20,574.9 )

Income

   326.3     1,082.8     (1,562.5 )   533.7     768.5  

Current Transfers

   (2,904.6 )   (2,432.0 )   (2,481.5 )   (4,092.9 )   (3,648.7 )

Capital and Financial Account

   13,909.4     7,598.8     4,756.5     17,972.0     6,232.3  

Financial Account(2)

   15,307.8     9,351.6     7,096.9     21,098.1     8,621.9  

Capital Account

   (1,398.4 )   (1,752.8 )   (2,340.4 )   (3,126.1 )   (2,389.6 )

Changes in Reserve Assets

   (25,849.4 )   (38,710.5 )   (19,805.8 )   (22,112.9 )   (15,128.2 )

Net Errors and Omissions

   (9.5 )   2,938.2     68.4     (1,244.3 )   2,941.6  

 

(1)   These entries are derived from trade statistics and are valued on a free on board basis, meaning that the insurance and freight costs are not included.
(2)   Includes borrowings from the IMF, syndicated bank loans and short-term borrowings.
(3)   Preliminary.

Source: Monthly Bulletin, February 2008; The Bank of Korea.

 

The Republic recorded a current account surplus of approximately US$5.4 billion in 2006 compared with a current account surplus of US$15.0 billion in 2005, primarily due to a decrease in surplus from the goods account from US$32.7 billion to US$27.9 billion and an increase in deficit from the service account from US$13.7 billion to US$19.0 billion.

 

Based on preliminary data, the Republic recorded a current account surplus of approximately US$6.0 billion in 2007 compared with a current account deficit of US$5.4 billion in 2006, primarily due to an increase in surplus from the goods account.

 

Based on preliminary data, the Republic recorded a current account deficit of approximately US$9.0 billion in the first ten months of 2008 compared with a current account surplus of US$5.3 billion in the same period of 2007, primarily due to a decrease in surplus from the goods account.

 

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Trade Balance

 

Trade balance figures measure the difference between a country’s exports and imports. If exports exceed imports the country has a trade balance surplus while if imports exceed exports the country has a deficit. A deficit, indicating that a country’s receipts from abroad fall short of its payments to foreigners, must be financed, rendering the country a debtor nation. A surplus, indicating that a country’s receipts exceed its payments to foreigners, allows the country to finance its trading partners’ net deficit to the extent of the surplus, rendering the country a creditor nation.

 

The following table summarizes the Republic’s trade balance for the periods indicated:

 

Trade Balance

 

     Exports(1)    Imports(1)    Balance of
Trade
   Exports
as % of
Imports
     (millions of dollars, except percentages)

2003

   193,817.4    178,826.7    14,990.7    108.4

2004

   253,844.7    224,462.7    29,382.0    113.1

2005

   284,418.7    261,238.3    23,180.4    108.9

2006

   325,464.9    309,382.7    16,082.2    105.2

2007(2)

   371,489.0    356,845.7    14,643.3    104.1

 

(1)   These entries are derived from customs clearance statistics on a C.I.F. basis, meaning that the price of goods include insurance and freight cost.
(2)   Preliminary
Source:   Principal Economic Indicators, February 2008; The Bank of Korea.

 

The Republic, due to its lack of natural resources, relies on extensive trading activity for growth. The country meets virtually all domestic requirements for petroleum, wood and rubber with imports, as well as much of its coal and iron needs. Exports consistently represent a high percentage of GDP and, accordingly, the international economic environment is of crucial importance to the Republic’s economy.

 

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The following tables give information regarding the Republic’s exports and imports by major commodity groups:

 

Exports by Major Commodity Groups (C.I.F.)(1)

 

    2003   As %
of Total
  2004   As %
of Total
  2005   As %
of Total
  2006   As %
of Total
  2007(2)   As %
of Total
    (millions of dollars, except percentages)

Foods & Consumer Goods

  2,792.3   1.4   3,122.7   1.2   3.174.4   1.1   3,167.7   1.0   3,531.7   1.0

Raw Materials and Fuels

  9,048.4   4.6   13,061.4   5.1   18,650.9   6.6   25,071.5   7.7   29,442.5   7.9

Light Industrial Products

  27,298.3   14.1   29,606.7   11.7   26,332.1   9.3   26,864.0   8.3   27,469.7   7.4

Heavy & Chemical Industrial Products

  154,678.5   79.8   208,053.8   82.0   236,261.3   83.1   270,361.7   83.1   311,045.1   83.7

Petroleum & Derivatives

  6,788.5   3.5   10,336.7   4.1   15,519.8   5.5   20,602.8   6.3   24,212.4   6.5

Textile Yarn & Thread

  1,557.3   0.8   1,590.7   0.6   1,437.5   0.5   1,337.9   0.4   1,464.5   0.4

Woven & Textile Fabrics

  6,107.1   3.2   6,006.4   2.4   5,703.8   2.0   5,271.6   1.6   5,194.6   1.4

Clothing

  3,627.4   1.9   3,378.4   1.3   2,568.6   0.9   2,173.2   0.7   1,909.3   0.5

Tyres & Inner Tube

  1,715.1   0.9   2,093.9   0.8   2,439.3   0.9   2,562.4   0.8   2,853.5   0.8

Chemicals & Chemical Products

  16,592.4   8.6   22,675.4   8.9   27,295.5   9.6   31,234.9   9.6   36,822.5   9.9

Metal Goods

  13,094.4   6.8   18,621.5   7.3   22,478.6   7.9   27,172.4   8.3   31,593.7   8.5

Machinery & Precision Equipment

  14,457.7   7.5   20,431.6   8.0   26,143.2   9.2   28,984.6   8.9   36,163.8   9.7

Electronic & Electronic Products

  74,525.9   38.5   96,701.1   38.1   103,255.0   36.3   115,742.7   35.6   126,914.3   34.2

Passenger Cars

  17,480.9   9.0   24,578.6   9.7   27,181.5   9.6   30,497.1   9.4   34,482.8   9.3

Ship & Boat

  11,168.3   5.8   15,406.0   6.1   17,362.9   6.1   21,661.9   6.7   26,855.1   7.2
                                       

Total

  193,817.4   100.0   253,844.7   100.0   284,418.7   100.0   325,464.8   100.0   371,489.1   100.0
                                       

 

(1)   These entries are derived from customs clearance statistics. C.I.F. means that the price of goods include insurance and freight costs.
(2)   Preliminary

Source: Monthly Bulletin, February 2008; The Bank of Korea.

 

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Imports by Major Commodity Groups (C.I.F.) (1)

 

    2003   As %
of Total
  2004   As %
of Total
  2005   As %
of Total
  2006   As %
of Total
  2007(2)   As %
of Total
    (millions of dollars, except percentages)

Consumer Goods

  23,072.5   12.9   25,737.1   11.5   25,704.3   9.8   30,411.1   9.8   36,975.9   10.4

Industrial Materials and Fuels

  86,420.5   48.3   113,831.0   50.7   141,333.4   54.1   173,915.7   56.2   201,740.4   56.5

Capital Goods

  69,333.7   38.8   84,894.6   37.8   94,200.6   36.1   105,055.9   34.0   118,129.4   33.1

Cereals

  29,33.9   1.6   3,716.5   1.7   3,365.0   1.3   3,470.7   1.1   4,749.7   1.3

Goods for Direct Consumption

  6,161.0   3.4   6,326.3   2.8   7,154.5   2.7   8,292.6   2.7   9,660.8   2.7

Consumer Nondurable Goods

  4,574.2   2.6   4,867.4   2.2   5,440.0   2.1   6,835.8   2.2   7,989.8   2.2

Consumer Durable Goods

  9,403.4   5.3   10,827.0   4.8   9,744.8   3.7   11,810.4   3.8   14,574.3   4.1

Fuels

  38,155.5   21.3   49,355.1   22.0   66,487.2   25.5   85,347.4   27.6   94,626.2   26.5

Mineral

  4,849.9   2.7   7,517.3   3.3   9,367.6   3.6   13,049.8   4.2   16,042.6   4.5

Light Industry Input

  5,363.8   3.0   5,818.6   2.6   5,968.0   2.3   6,623.0   2.1   7,356.3   2.1

Chemicals

  15,422.0   8.6   19,353.0   8.6   22,727.0   8.7   25,201.2   8.1   29,172.0   8.8

Iron & Steel Products

  8,204.8   4.6   13,251.2   5.9   16,707.8   6.4   17,701.5   5.7   24,075.5   6.7

Non-ferrous Metal

  5,279.0   3.0   7,766.4   3.5   8,599.8   3.3   12,329.2   4.0   14,306.1   4.0

Machinery & Precision Equipment

  20,983.0   11.7   27,541.2   12.3   31,325.6   12.0   35,447.7   11.5   39,292.8   11.0

Electric & Electronic Machines

  42,910.1   24.0   50,360.2   22.4   55,092.9   21.1   60,087.5   19.4   66,984.5   18.7

Transport Equipment

  4,340.0   2.4   5,676.1   2.5   6,394.7   2.4   7,978.2   2.6   9,982.5   2.8

Crude Petroleum

  23,081.6   12.9   29,917.2   13.3   42,605.8   16.3   55,864.9   18.1   60,323.5   16.9
                                       

Total

  178,826.7   100.0   224,462.7   100.0   261,238.3   100.0   309,382.6   100.0   356,845.7   100.0
                                       

 

(1)   These entries are derived from customs clearance statistics. C.I.F. means that the price of goods include insurance and freight costs.
(2)   Preliminary

Source: Monthly Bulletin, February 2008; The Bank of Korea.

 

The Republic recorded a trade surplus of US$15.0 billion in 2003. Exports increased by 19.3% and imports increased by 17.6% compared to 2002.

 

In 2004, the Republic recorded a trade surplus of US$29.4 billion. Exports increased by 31.0% to US$253.8 billion and imports increased by 25.5% to US$224.5 billion from US$193.8 billion of exports and US$178.8 billion of imports, respectively, in 2003.

 

In 2005, the Republic recorded a trade surplus of US$23.2 billion. Exports increased by 12.0% to US$284.4 billion and imports increased by 16.4% to US$261.2 billion from US$253.8 billion of exports and US$224.5 billion of imports, respectively, in 2004.

 

In 2006, the Republic recorded a trade surplus of US$16.1 billion. Exports increased by 14.5% to US$325.5 billion and imports increased by 18.5% to US$309.4 billion from US$284.4 billion of exports and US$261.2 billion of imports, respectively, in 2005.

 

Based on preliminary data, the Republic recorded a trade surplus of US$14.6 billion in 2007. Exports increased by 14.1% to US$371.5 billion and imports increased by 15.3% to US$356.8 billion from US$325.5 billion of exports and US$309.4 billion of imports, respectively, in 2006.

 

Based on preliminary data, the Republic recorded a trade deficit of US$13.7 billion in the first ten months of 2008. Exports increased by 21.0% to US$366.3 billion and imports increased by 31.5% to US$380.0 billion from US$302.7 billion of exports and US$289.0 billion of imports, respectively, in the same period of 2007.

 

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The Republic’s largest trading partners, the United States, Japan and China accounted for the following percentages of the country’s imports and exports:

 

    2003   2004   2005   2006   2007
    Exports   Imports   Exports   Imports   Exports   Imports   Exports   Imports   Exports   Imports
    (percentages of total imports or exports)

United States

  17.7   13.9   16.9   12.8   14.5   11.7   13.3   10.9   12.3   10.4

Japan

  8.9   20.3   8.5   20.6   8.4   18.5   8.2   16.8   7.1   15.8

China(1)

  25.7   13.8   26.7   14.7   27.2   15.6   27.2   16.4   27.1   18.3

 

(1)   Includes Hong Kong.
Source:   Ministry of Knowledge Economy.

 

In 2003, the outbreak of severe acute respiratory syndrome, or SARS, and the avian influenza in Asia (including China) and other parts of the world increased uncertainty of economic prospects for affected countries in particular, as well as world economic prospects in general. The avian influenza carried by migrating wild birds spread to several Asian countries, Russia, Romania and Turkey. In response to these outbreaks of avian influenza, the Government issued an advisory on disease prevention as of October 14, 2005 and conducted special monitoring of poultry farms. In addition, the Government continued to cooperate with regional and international efforts to develop and implement additional measures to contain and prevent SARS, the avian influenza and other diseases. Another outbreak of SARS, the avian influenza or similar incidents in the future may have an adverse effect on Korean and world economies.

 

In April 2007, the Republic and the United States reached an agreement on a bilateral free trade agreement, or FTA, which was subsequently signed by both nations in June 2007. The FTA was submitted for ratification to the Korean National Assembly in September 2007. As of December 16, 2008, the FTA has not been submitted for ratification to the U.S. Congress.

 

Non-Commodities Trade Balance

 

In 2003, the Republic recorded a non-commodities trade deficit in its current account of approximately US$7.1 billion. The non-commodities trade deficit decreased to US$7.0 billion in 2004 but increased to US$15.2 billion in 2005 and US$18.4 billion in 2006. Based on preliminary data, in 2007, the non-commodities trade deficit increased to US$19.8 billion.

 

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Foreign Currency Reserves

 

The following table shows the Republic’s total official foreign currency reserves:

 

Total Official Reserves

 

    December 31,
    2003   2004   2005   2006   2007
    (millions of dollars)

Gold(1)

  $ 70.9   $ 72.3   $ 73.6   $ 74.2   $ 74.3

Foreign Exchange

    154,508.8     198,175.3     209,967.7     238,387.9     261,770.7

Total Gold and Foreign Exchange

    154,579.7     198,247.6     210,041.6     238,462.1     261,845.0

Reserve Position at IMF

    751.6     785.4     305.8     440.0     310.5

Special Drawing Rights

    21.0     32.7     43.3     54.0     68.6

Total Official Reserves

  $ 155,352.3   $ 199,066.1   $ 210,390.7   $ 238,956.1   $ 262,224.1

 

(1)   For this purpose, domestically-owned gold is valued at US$42.22 per troy ounce (31.1035 grams) and gold deposited overseas is calculated at cost of purchase.
Source:   The Bank of Korea.

 

The Government’s foreign currency reserves increased to US$262.2 billion as of December 31, 2007 from US$8.9 billion as of December 31, 1997, primarily due to continued balance of trade surpluses and capital inflows. In 2008, the Government’s foreign currency reserves decreased, falling to US$200.5 billion as of November 30, 2008, partially as a result of the Government’s use of the foreign currency reserve to provide foreign currency liquidity to Korean financial institutions and to defend the value of the Won against depreciation.

 

Government Finance

 

The Ministry of Strategy and Finance prepares the Government budget and administers the Government’s finances.

 

The Government’s fiscal year commences on January 1. The Ministry of Strategy and Finance must submit the budget to the National Assembly not later than 90 days prior to the start of the fiscal year and may submit supplementary budgets revising the original budget at any time during the fiscal year.

 

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The following table shows consolidated Government revenues and expenditures:

 

Consolidated Central Government Revenues and Expenditures

 

     2003     2004    2005    2006    2007(2)
     (billions of won)

Total Revenues

   171,945     178,784    191,446    209,573    243,633

Current Revenues

   170,486     177,453    190,165    208,091    241,693

Total Tax Revenues

   114,664     117,796    127,466    138,044    161,459

Income Profits and Capital Gains

   46,420     48,112    54,456    60,367    74,273

Tax on Property

   2,921     2,996    4,683    6,281    8,725

Tax on Goods and Services

   50,906     51,800    53,401    54,996    59,835

Customs Duties

   6,847     6,796    6,318    6,858    7,411

Others

   7,570     8,090    8,608    9,542    11,216

Social Security Contribution

   20,703     22,848    24,905    27,315    29,739

Non-Tax Revenues

   35,119     36,788    37,795    42,733    50,495

Capital Revenues

   1,459     1,331    1,281    1,482    1,940

Total Expenditures and Net Lending

   164,303     173,538    187,946    205,928    209,810

Total Expenditures

   166,812     172,140    184,922    200,181    202,703

Current Expenditures

   136,212     144,148    160,274    173,688    169,658

Goods and Services

   29,827     33,869    36,165    38,987    34,496

Interest Payments

   6,598     8,710    10,094    12,150    13,444

Subsidies and Other Transfers(1)

   96,498     99,537    111,448    119,997    119,565

Subsidies

   424     748    724    764    680

Other Transfers(1)

   96,074     98,789    110,724    119,233    118,885

Non-Financial Public Enterprises Expenditures

   3,289     3,031    2,566    2,554    2,153

Capital Expenditures

   30,600     26,992    24,648    26,493    33,045

Net Lending

   (2,509 )   1,398    3,024    5,746    7,107

 

(1)   Includes transfers to local governments, non-profit institutions, households and abroad.
(2)   Preliminary.

Source: Ministry of Strategy and Finance; Korea National Statistical Office.

 

The consolidated Government account consists of a General Account, Special Accounts (including a non-financial public enterprise special account) and Public Funds. The Government segregates the accounts of certain functions of the Government into Special Accounts and Public Funds for more effective administration and fiscal control. The Special Accounts and Public Funds relate to business type activities, such as economic development, road and railway construction and maintenance, monopolies, and communications developments and the administration of loans received from official international financial organizations and foreign governments.

 

Revenues derive mainly from national taxes and non-tax revenues. Expenditures include general administration, national defense, community service, education, health, social security, certain annuities and pensions and local finance, which involves the transfer of tax revenues to local governments.

 

For 2003, revenues increased by approximately 8.2%, which represented 23.7% of the Republic’s GDP, principally due to higher tax revenues. Tax revenues increased principally as a result of the country’s export growth and the accompanying increase in corporate income. The Republic had a fiscal surplus of (Won)7.6 trillion in 2003.

 

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For 2004, revenues increased by approximately 4.0%, which represented 22.9% of the Republic’s GDP, principally due to higher tax revenues. Tax revenues increased principally as a result of the country’s export growth and the accompanying increase in corporate income. The Republic had a fiscal surplus of (Won)5.2 trillion in 2004.

 

For 2005, revenues increased by approximately 7.1%, which represented 23.6% of the Republic’s GDP, principally due to higher tax revenues. Tax revenues increased principally as a result of the country’s export growth and the accompanying increase in corporate income. The Republic had a fiscal surplus of (Won)3.5 trillion in 2005.

 

For 2006, revenues increased by approximately 9.5%, which represented 24.7% of the Republic’s GDP, principally due to higher tax revenues. Tax revenues increased principally as a result of the country’s export growth and the accompanying increase in corporate income. The Republic had a fiscal surplus of (Won)3.6 trillion in 2006.

 

For 2007, based on preliminary data, revenues increased by approximately 16.3%, which represented 27.0% of the Republic’s GDP, principally due to higher tax revenues. Tax revenues increased principally as a result of the country’s export growth and the accompanying increase in corporate income. The Republic had a fiscal surplus of (Won)33.8 trillion in 2007.

 

Debt

 

External and Internal Debt of the Government

 

The following table sets out, by currency and the equivalent amount in U.S. Dollars, the estimated outstanding direct external debt of the Government as of December 31, 2007:

 

Direct External Debt of the Government

 

     Amount in Original
Currency
   Equivalent Amount in
U.S. Dollars(1)
 
     (millions)  

US$

   US$ 9,518.6    US$  9,518.6 (2)

German Mark (DM)

   DM 13.5      10.2  

Japanese Yen (¥)

   ¥ 18,298.6      162.5  

Euro (EUR)

   EUR 875.0      1,288.2  
           

Total

      US$  10,979.5  
           

 

(1)   Amounts expressed in currencies other than US$ are converted to US$ at the arbitrage rate announced by the Seoul Money Brokerage Services, Ltd. in effect on December 31, 2007.
(2)   The Government repaid US$3,000 million of debt in April 2008.

 

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The following table summarizes, as of December 31 of the years indicated, the outstanding direct internal debt of the Republic:

 

Direct Internal Debt of the Government

 

     (billions of won)

2003

   141,395.2

2004

   182,201.5

2005

   227,066.3

2006

   262,380.6

2007

   278,800.8

 

The following table sets out all guarantees by the Government of indebtedness of others:

 

     December 31,
     2003    2004    2005    2006    2007
     (billions of won)

Domestic

   79,131.7    65,350.5    54,667.7    36,436.6    33,031.1

External(1)

   1,458.5    699.3    310.2    73.4    31.8
                        

Total

   80,590.2    66,049.8    54,977.9    36,510.1    33,062.9
                        

 

(1)   Converted to Won at foreign exchange banks’ telegraphed transfer selling rates to customers in effect on December 31 of each year.

 

In response to the recent adverse conditions in global financial markets, the Government announced in October 2008 that it would guarantee foreign currency-denominated debt incurred by Korean banks and their overseas branches between October 20, 2008 and June 30, 2009, up to an aggregate amount of US$100 billion, for a period of three years from the date such debt was incurred.

 

For further information on the outstanding indebtedness, including guarantees, of the Republic, see “—Tables and Supplementary Information.”

 

External Debt

 

The following tables set out certain information regarding the Republic’s external debt calculated under the criteria published in a compilation by nine international organizations including the IMF and the World Bank in 2003. Starting from June 2003, in particular, the Republic’s total external debt calculation under the new criteria excludes offshore borrowings by overseas branches and subsidiaries of Korean banks but includes Won-denominated liabilities such as bank deposits by nonresidents and also includes international finance lease liabilities.

 

     December 31,
     2003    2004    2005    2006    2007
     (billions of dollars)

Foreign Currencies

   148.9    161.3    176.3    246.4    327.9

Korean Won

   8.6    11.0    11.6    13.7    54.3
                        

Total External Liabilities

   157.6    172.3    187.9    260.1    382.2
                        

 

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     December 31,
     2003    2004    2005    2006    2007
     (billions of dollars)

Long-term Debt

   106.6    115.9    122.0    146.3    221.9

General Government

   11.6    10.4    8.5    10.3    31.9

Monetary Authorities

   3.2    4.0    4.8    5.7    13.2

Banks

   27.0    30.0    32.2    40.4    60.2

Other Sectors

   64.9    71.5    76.5    89.9    116.5

Short-term Debt

   50.8    56.3    65.9    113.8    160.3
                        

Monetary Authorities

   2.1    2.0    2.2    3.9    8.2

Banks

   40.8    44.5    51.3    96.1    133.8

Other Sectors

   7.9    9.9    12.4    13.7    18.3
                        

Total External Liabilities

   157.4    172.3    187.9    260.1    382.2
                        

 

Debt Record

 

The Government has always paid when due the full amount of principal of, interest on, and amortization of sinking fund requirements of, all of its indebtedness.

 

Tables and Supplementary Information

 

A.    External Debt of the Government

 

Currency of Borrowings

   Range of Interest Rates    Range of Years of Issue    Range of Years of
Original Maturity
   Principal Amounts
Outstanding as of
December 31, 2007
     (%)              (million of units)

US$

   0.75-8.875    1966-2006    2007-2025    US$ 9,518.6

Japanese Yen (¥)

   4.0-5.0    1983-1990    2005-2015    ¥ 18,298.6

German Mark (DM)

   2.0-2.2    1977-1985    2007-2021    DM 13.5

Euro (EUR)

   3.625-4.25    2005-2006    2015-2021    EUR 875.0
               

Total External Funded Debt(1)

   US$ 10,979.5
               

 

(1)   Amounts expressed in currencies other than US$ are converted to US$ at the arbitrage rate between foreign currencies announced by the Seoul Money Brokerage Services, Ltd. in effect on December 31, 2007.

 

B.    External Guaranteed Debt of the Government(1)

 

Name

   Interest Rates    Years of Issue    Years of
Maturity
   Principal Amounts
Outstanding as of
December 31, 2007
     (%)              (millions of dollars)

1.    Bonds

           

Total Bonds

            None

2.    Borrowings

           

The Korea Development Bank(2)

   Floating    1999    2008    18.3

Industrial Bank of Korea

   Floating    1999    2008    15.6
             

Total Borrowings(3)

   33.9
             

Total External Guaranteed Debt(3)

   33.9
             

 

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(1)   The Government announced in October 2008 that it would guarantee foreign currency-denominated debt incurred by Korean banks and their overseas branches between October 20, 2008 and June 30, 2009, up to an aggregate amount of US$100 billion, for a period of three years from the date such debt was incurred
(2)   The Government announced in June 2008 that it plans to guarantee certain other outstanding debt of The Korea Development Bank in case The Korea Development Bank is privatized as planned.
(3)   Amounts expressed in currencies other than US$ are converted to US$ at the arbitrage rate between foreign currencies announced by the Seoul Money Brokerage Services, Ltd. in effect on December 31, 2007.

 

C.    Internal Debt of the Government

 

Title

   Range of
Interest Rates
   Range of
Years of
Issue
   Range of
Years of
Original
Maturity
   Principal Amounts
Outstanding as of
December 31, 2007
     (%)              (billions of won)

1.    Bonds

        

Foreign Exchange Stabilization Bonds

   4.50-6.93    2002-2003    2006-2008    3.000.0

Interest-Bearing Treasury Bond for Treasury Bond Management Fund

   3.50-11.09    1997-2007    2006-2015    227,373.3

Interest-Bearing Treasury Bond for National Housing I

   3.0-5.0    1997-2007    2000-2010    38,674.5

Interest-Bearing Treasury Bond for National Housing II

   0.0-3.0    1983-2007    2000-2019    4,068.2

Interest-Bearing Treasury Bond for National Housing III

   0    2005    2025    594.2

Non-interest-Bearing Treasury Bond for Contribution(1)

   —      1967-1985    —      11.3
             

Total Bonds

   273,721.5
             

2.    Borrowings

  

Borrowings from The Bank of Korea

   1,117.2

Borrowings from the Sports Promotion Fund

   75.0

Borrowings from the Civil Servant Pension Fund

   465.0

Borrowings from the Export Insurance Fund

   510.0

Authorized Government Debt beyond Budget Limit

   2,912.1

Sub-Total

   5,079.3
             

Total Internal Funded Debt

   278,800.8
             

 

(1)   Interest Rates and Years of Maturity not applicable.

 

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D.    Internal Guaranteed Debt of the Government

 

Name

   Range of
Interest
Rates
   Range of
Years of
Issue
   Range of
Years of
Original
Maturity
   Principal Amounts
Outstanding as of
December 31, 2007
     (%)              (billions of won)

1.    Bonds of Government-Affiliated   Corporations

           

Korea Asset Management Corporation

   4.53-5.05    2003    2008    2,300.0

Korea Deposit Insurance Corporation

   0.01-7.14    2001-2007    2007-2012    30,563.3
             

Total Bonds

   32,863.3
             

2.    Borrowings of Government-Affiliated   Corporations

           

Rural Development Corporation and Federation of Farmland

   5.5    1967    2000-2023    167.8
             

Total Borrowings

   167.8
             

 

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DESCRIPTION OF THE SECURITIES

 

Description of Debt Securities

 

We will issue debt securities under a fiscal agency agreement or agreements. The description below summarizes the material provisions of the debt securities and the fiscal agency agreement. Since it is only a summary, the description may not contain all of the information that may be important to you as a potential investor in the debt securities. Therefore, we urge you to read the form of fiscal agency agreement and the form of global debt security before deciding whether to invest in the debt securities. We have filed a copy of these documents with the Securities and Exchange Commission as exhibits to the registration statement of which this prospectus is a part. You should refer to such exhibits for more complete information.

 

The financial terms and other specific terms of your debt securities will be described in the prospectus supplement relating to your debt securities. The description in the prospectus supplement will supplement this description or, to the extent inconsistent with this description, replace it.

 

We will appoint a fiscal agent or agents in connection with debt securities whose duties will be governed by the fiscal agency agreement. We may replace the fiscal agent or appoint different fiscal agents for different series of debt securities.

 

General Terms of the Debt Securities

 

We may issue debt securities in separate series at various times. The Republic may irrevocably guarantee the payment of principal of, and interest on, one or more series of debt securities. The prospectus supplement that relates to your debt securities will specify some or all of the following terms:

 

   

the aggregate principal amount;

 

   

the currency of denomination and payment;

 

   

any limitation on principal amount and authorized denominations;

 

   

the percentage of their principal amount at which the debt securities will be issued;

 

   

the maturity date or dates;

 

   

the interest rate for the debt securities and, if variable, the method by which the interest rate will be calculated;

 

   

whether any amount payable in respect of the debt securities will be determined based on an index or formula, and how any such amount will be determined;

 

   

the dates from which interest, if any, will accrue for payment of interest and the record dates for any such interest payments;

 

   

where and how we will pay principal and interest;

 

   

whether and in what circumstances the debt securities may be redeemed before maturity;

 

   

any sinking fund or similar provision;

 

   

whether any part or all of the debt securities will be in the form of a global security and the circumstances in which a global security is exchangeable for certificated securities;

 

   

if issued in certificated form, whether the debt securities will be in bearer form with interest coupons, if any, or in registered form without interest coupons, or both forms, and any restrictions on exchanges from one form to the other;

 

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whether any of the terms set out herein will differ for the debt securities

 

   

whether the Republic will irrevocably guarantee the payment of principal of, and interest on, the debt securities; and

 

   

other specific provisions.

 

Depending on the terms of the debt securities we issue, the prospectus supplement relating to the debt securities may also describe applicable U.S. federal income tax and other considerations additional to the disclosure in this prospectus.

 

Unless otherwise specified in the applicable prospectus supplement, we will maintain at an office in the Borough of Manhattan, The City of New York, a register for the registration of transfers of debt securities issued in registered form.

 

Payments of Principal, Premium and Interest

 

On every payment date specified in the relevant prospectus supplement, we will pay the principal, premium and/or interest due on that date to the registered holder of the relevant debt security at the close of business on the related record date. We will make all payments at the place and in the currency set out in the prospectus supplement. Unless otherwise specified in the relevant prospectus supplement or the debt securities, we will make payments in U.S. dollars at the New York office of the fiscal agent or, outside the United States, at the office of any paying agent. Unless otherwise specified in the applicable prospectus supplement or debt securities, we will pay interest by check, payable to the registered holder.

 

We will make any payments on debt securities in bearer form at the offices and agencies of the fiscal agent or any other paying agent outside the United States as we may designate. At the option of the holder of the bearer debt securities, we will make such payments by check or by transfer to an account maintained by the holder with a bank located outside of the United States. We will not make payments on bearer debt securities at the corporate trust office of the fiscal agent in the United States or at any other paying agency in the United States. In addition, we will not make any payment by mail to an address in the United States or by transfer to an account maintained by a holder of bearer debt securities with a bank in the United States. Nevertheless, we will make payments on a bearer debt security denominated and payable in U.S. dollars at an office or agency in the United States if:

 

   

payment outside the United States is illegal or effectively precluded by exchange controls or other similar restrictions; and

 

   

the payment is then permitted under United States law, without material adverse consequences to us.

 

If we issue bearer debt securities, we will designate the offices of at least one paying agent outside the United States as the location for payment.

 

Repayment of Funds; Prescription

 

If no one claims money paid by us to the fiscal agent for the payment of principal or interest in respect of any series of debt securities for two years after the payment was due and payable, the fiscal agent or paying agent will repay the money to us. After such repayment, the fiscal agent or paying agent will not be liable with respect to the amounts so repaid, and you may look only to us for any payment under the debt securities.

 

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Under Korea law, you will not be permitted to file a claim against us for payment of principal or interest on any series of debt securities unless you do so within five years, in the case of principal, and three years, in the case of interest, from the date on which payment was due.

 

Global Securities

 

The prospectus supplement relating to a series of debt securities will indicate whether any of that series of debt securities will be represented by a global security. The prospectus supplement will also describe any unique specific terms of the depositary arrangement with respect to that series. Unless otherwise specified in the prospectus supplement, we anticipate that the following provisions will apply to depositary arrangements.

 

Registered Ownership of the Global Security

 

The global security will be registered in the name of a depositary identified in the prospectus supplement, or its nominee, and will be deposited with the depositary, its nominee or a custodian. The depositary, or its nominee, will therefore be considered the sole owner or holder of debt securities represented by the global security for all purposes under the fiscal agency agreement. Except as specified below or in the applicable prospectus supplement, beneficial owners:

 

   

will not be entitled to have any of the debt securities represented by the global security registered in their names;

 

   

will not receive physical delivery of any debt securities in definitive form;

 

   

will not be considered the owners or holders of the debt securities;

 

   

must rely on the procedures of the depositary and, if applicable, any participants (institutions that have accounts with the depositary or a nominee of the depositary, such as securities brokers and dealers) to exercise any rights of a holder; and

 

   

will receive payments of principal and interest from the depositary or its participants rather than directly from us.

 

We understand that, under existing industry practice, the depositary and participants will allow beneficial owners to take all actions required of, and exercise all rights granted to, the registered holders of the debt securities.

 

We will register debt securities in the name of a person other than the depositary or its nominee only if:

 

   

the depositary for a series of debt securities is unwilling or unable to continue as depositary; or

 

   

we determine, in our sole discretion, not to have a series of debt securities represented by a global security.

 

In either such instance, an owner of a beneficial interest in a global security will be entitled to registration of a principal amount of debt securities equal to its beneficial interest in its name and to physical delivery of the debt securities in definitive form.

 

Beneficial Interests in and Payments on a Global Security

 

Only participants, and persons that may hold beneficial interests through participants, can own a beneficial interest in the global security. The depositary keeps records of the ownership and transfer of

 

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beneficial interests in the global security by its participants. In turn, participants keep records of the ownership and transfer of beneficial interests in the global security by other persons (such as their customers). No other records of the ownership and transfer of beneficial interests in the global security will be kept.

 

All payments on a global security will be made to the depositary or its nominee. When the depositary receives payment of principal or interest on the global security, we expect the depositary to credit its participants’ accounts with amounts that correspond to their respective beneficial interests in the global security. We also expect that, after the participants’ accounts are credited, the participants will credit the accounts of the owners of beneficial interests in the global security with amounts that correspond to the owners’ respective beneficial interests in the global security.

 

The depositary and its participants establish policies and procedures governing payments, transfers, exchanges and other important matters that affect owners of beneficial interests in a global security. The depositary and its participants may change these policies and procedures from time to time. We have no responsibility or liability for the records of ownership of beneficial interests in the global security, or for payments made or not made to owners of such beneficial interests. We also have no responsibility or liability for any aspect of the relationship between the depositary and its participants or for any aspect of the relationship between participants and owners of beneficial interests in the global security.

 

Bearer Securities

 

We may issue debt securities in a series in the form of one or more bearer global debt securities deposited with a common depositary for the Euroclear and Clearstream, or with a nominee identified in the applicable prospectus supplement. The specific terms and procedures, including the specific terms of the depositary arrangement, with respect to any portion of a series of debt securities to be represented by a global security will be described in the applicable prospectus supplement.

 

Additional Amounts

 

We will make all payments of principal of, and premium and interest, if any, on the debt securities, without withholding or deducting any present or future taxes imposed by the Republic or any of its political subdivisions, unless required by law. If Korean law requires us to deduct or withhold taxes, we will pay additional amounts as necessary to ensure that you receive the same amount as you would have received without such withholding or deduction.

 

We will not pay, however, any additional amounts if you are liable for Korean tax because:

 

   

you are connected with the Republic other than by merely owning the debt security or receiving income or payments on the debt security;

 

   

you failed to complete and submit a declaration of your status as a non-resident of the Republic after we or the relevant tax authority requested you to do so; or

 

   

you failed to present your debt security for payment within 30 days of when the payment is due or, if the fiscal agent did not receive the money prior to the due date, the date notice is given to holders that the fiscal agent has received the full amount due to holders. Nevertheless, we will pay additional amounts to the extent you would have been entitled to such amounts had you presented your debt security for payment on the last day of the 30-day period.

 

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We will not pay any additional amounts for taxes on the debt securities except for taxes payable through deduction or withholding from payments of principal, premium or interest. Examples of the types of taxes for which we will not pay additional amounts include the following: estate or inheritance taxes, gift taxes, sales or transfer taxes, personal property or related taxes, assessments or other governmental charges. We will pay stamp or other similar taxes that may be imposed by the Republic, the United States or any political subdivision or taxing authority in one of those two countries on the fiscal agency agreement or be payable in connection with the issuance of the debt securities.

 

Status of Debt Securities

 

The debt securities will:

 

   

constitute our direct, unconditional, unsecured and unsubordinated obligations;

 

   

rank at least equally in right of payment among themselves, regardless of when issued or currency of payment; and

 

   

rank at least equally in right of payment with all of our other unsecured and unsubordinated obligations, subject to certain statutory exceptions under Korean law.

 

Negative Pledge Covenant

 

If any debt securities are outstanding, we will not create or permit any security interests on our assets as security for any of our Long-Term External Indebtedness or guarantees issued by us, unless the security interest also secures our obligations under the debt securities. “Long-Term External Indebtedness” means any obligation for the payment or repayment of money borrowed that is denominated in a currency other than the currency of the Republic and which has a final maturity of one year or more from its date of issuance.

 

We may, however, create or permit a security interest:

 

   

in favor of the Government or The Bank of Korea or any other agency or instrumentality of or controlled by the Government;

 

   

arising from, or any deposit or other arrangement made or entered into in connection with, the sale, assignment or other disposition or the discounting of any of our notes or receivables, or any other transaction in the ordinary course of our business; or

 

   

on any asset (or documents of title to such asset) incurred when the asset was purchased or improved to secure payment of the cost of the activity.

 

Events of Default

 

Each of the following constitutes an event of default with respect to any series of debt securities:

 

  1.   Non-Payment:    we do not pay principal or interest or premium or deposit any sinking fund payment on any debt securities of the series when due and such failure to pay continues for 30 days.

 

  2.   Breach of Other Obligations:    we fail to observe or perform any of the covenants in the series of debt securities (other than non-payment) for 60 days after written notice of the default is delivered to us at the corporate trust office of the fiscal agent in New York City by holders representing at least 10% of the aggregate principal amount of the debt securities of the series.

 

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  3.   Cross Default and Cross Acceleration:

 

   

we default on any External Indebtedness, and, as a result, becomes obligated to pay an amount equal to or greater than US$10,000,000 in aggregate principal amount prior to its due date; or

 

   

we fail to pay when due, including any grace period, any of our External Indebtedness in aggregate principal amount equal to or greater than US$10,000,000 or we fail to pay when requested and required by the terms thereof any guarantee for External Indebtedness of another person equal to or greater than US$10,000,000 in aggregate principal amount, except in any such case where such External Indebtedness or guarantee is being contested in good faith by appropriate proceedings.

 

  4.   Moratorium/Default:

 

   

we declare a general moratorium on the payment of our External Indebtedness, including obligations under guarantees;

 

   

the Republic declares a general moratorium on the payment of its External Indebtedness, including obligations under guarantees;

 

   

the Republic becomes liable to repay prior to maturity any amount of External Indebtedness, including obligations under guarantees, as a result of a default under such External Indebtedness or obligations; or

 

   

the international monetary reserves of the Republic become subject to a security interest or segregation or other preferential arrangement for the benefit of any creditors.

 

  5.   Bankruptcy:

 

   

we are declared bankrupt or insolvent by any court or administrative agency with jurisdiction over us;

 

   

we pass a resolution to apply for bankruptcy or to request the appointment of a receiver or trustee or similar official in insolvency;

 

   

a substantial part of our assets are liquidated; or

 

   

we cease to conduct the banking business.

 

  6.   Failure of Support:    the Republic fails to provide financial support for us as required under Article 37 of the KEXIM Act as of the date of the debt securities of such series.

 

  7.   Control of Assets:    the Republic ceases to control us (directly or indirectly).

 

  8.   IMF Membership/World Bank Membership:    the Republic ceases to be a member of the IMF or the International Bank for Reconstruction and Development (World Bank).

 

For purposes of the foregoing, “External Indebtedness” means any obligation for the payment or repayment of money borrowed that is denominated in a currency other than the currency of the Republic.

 

If an event of default occurs, any holder may declare the principal amount of debt securities that it holds to be immediately due and payable by written notice to us and the fiscal agent.

 

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You should note that:

 

   

despite the procedure described above, no debt securities may be declared due and payable if we cure the applicable event of default before we receive the written notice from the debt security holder;

 

   

we are not required to provide periodic evidence of the absence of defaults; and

 

   

the fiscal agency agreement does not require us to notify holders of the debt securities of an event of default or grant any debt security holder a right to examine the security register.

 

Modifications and Amendments; Debt Securityholders’ Meetings

 

Each holder of a series of debt securities must consent to any amendment or modification of the terms of that series of debt securities or the fiscal agency agreement that would, among other things:

 

   

change the stated maturity of the principal of the debt securities or any installment of interest;

 

   

reduce the principal amount of such series of debt securities or the portion of the principal amount payable upon acceleration of such debt securities;

 

   

change the debt security’s interest rate or premium payable;

 

   

change the currency of payment of principal, interest or premium;

 

   

amend either the procedures provided for a redemption event or the definition of a redemption event;

 

   

shorten the period during which we are not allowed to redeem the debt securities or grant us a right to redeem the debt securities which we previously did not have; or

 

   

reduce the percentage of the outstanding principal amount needed to modify or amend the fiscal agency agreement or the terms of such series of debt securities.

 

We may, with the exception of the above changes, with the consent of the holders of at least 66 2/3% in principal amount of the debt securities of a series that are outstanding, modify and amend other terms of that series of debt securities.

 

The fiscal agency agreement and a series of debt securities may be modified or amended, without the consent of the holders of the debt securities, to:

 

   

add covenants made by us that benefit holders of the debt securities;

 

   

surrender any right or power given to us;

 

   

secure the debt securities;

 

   

permit registered securities to be exchanged for bearer securities or relax or eliminate restrictions on the payment of principal, premium or interest on bearer securities to the extent permitted under United States Department of Treasury regulations, provided that holders of the debt securities do not suffer any adverse tax consequences as a result; and

 

   

cure any ambiguity or correct or supplement any defective provision in the fiscal agency agreement or the debt securities, without materially and adversely affecting the interests of the holders of the debt securities.

 

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Fiscal Agent

 

The fiscal agency agreement governs the duties of each fiscal agent. We may maintain bank accounts and a banking relationship with each fiscal agent. The fiscal agent is our agent and does not act as a trustee for the holders of the debt securities.

 

Further Issues of Debt Securities

 

We may, without the consent of the holders of the debt securities, create and issue additional debt securities with the same terms and conditions as any series of debt securities (or that are the same except for the amount of the first interest payment and for the interest paid on the series of debt securities prior to the issuance of the additional debt securities). We may consolidate such additional debt securities with the outstanding debt securities to form a single series.

 

We may offer additional debt securities with original issue discount (“OID”) for U.S. federal income tax purposes as part of a further issue. Purchasers of debt securities after the date of any further issue will not be able to differentiate between debt securities sold as part of the further issue and previously issued debt securities of the same series. If we were to issue further debt securities with OID, purchasers of debt securities after such further issue may be required to accrue OID (or greater amounts of OID that they would otherwise have accrued) with respect to their debt securities. This may affect the price of outstanding debt securities following a further issue. Purchasers are advised to consult legal counsel with respect to the implications of any future decision by us to undertake a further issue of debt securities with OID.

 

Description of Warrants

 

The description below summarizes some of the provisions of warrants for the purchase of debt securities that we may issue from time to time and of the warrant agreement. Copies of the forms of warrants and the warrant agreement are or will be filed as exhibits to the registration statement of which this prospectus is a part. Since it is only a summary, the description may not contain all of the information that is important to you as a potential investor in the warrants.

 

The description of the warrants that will be contained in the prospectus supplement will supplement this description and, to the extent inconsistent with this description, replace it.

 

General Terms of the Warrants

 

Each series of warrants will be issued under a warrant agreement to be entered into between us and a bank or trust company, as warrant agent. The prospectus supplement relating to the series of warrants will describe:

 

   

the terms of the debt securities purchasable upon exercise of the warrants, as described above under “Description of the Securities—Description of Debt Securities—General Terms of the Debt Securities”;

 

   

the principal amount of debt securities purchasable upon exercise of one warrant and the exercise price;

 

   

the procedures and conditions for the exercise of the warrants;

 

   

the dates on which the right to exercise the warrants begins and expires;

 

   

whether and under what conditions the warrants may be terminated or canceled by us;

 

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whether and under what conditions the warrants and any debt securities issued with the warrants will be separately transferable;

 

   

whether the warrants will be issued in bearer or registered form;

 

   

whether the warrants will be exchangeable between registered and bearer form, and, if issued in registered form, where they may be transferred and registered; and

 

   

other specific provisions.

 

Terms Applicable to Debt Securities and Warrants

 

Governing Law

 

The fiscal agency agreement, any warrant agreement and the debt securities and any warrants will be governed by the laws of the State of New York without regard to any principles of New York law requiring the application of the laws of another jurisdiction. Nevertheless, all matters governing our authorization, execution and delivery of the debt securities and the fiscal agency agreement and any warrants and warrant agreement by us will be governed by the laws of the Republic.

 

Jurisdiction and Consent to Service

 

We are owned by a foreign sovereign government and all of our directors and executive officers and some of the experts named in this prospectus are residents of Korea. In addition, all or most our assets and the assets of the people named in the preceding sentence are located outside of the United States. For that reason, you may have difficultly serving process on us or the individuals described above in the United States or enforcing in a U.S. court a U.S.-court judgment based on the U.S. federal securities laws. Our Korean counsel has informed us that there is doubt regarding the enforceability in Korea, either in original actions or in actions for the enforcement of U.S.-court judgments, of civil liabilities based on the U.S. federal securities laws.

 

We have appointed the Chief Representative of our New York Representative Office, Mr. Joo-shik Kong, and a Representative of our New York Representative Office, Mr. Yeong-hee Lee, and each of their successors in the future, as our authorized agents to receive service of process in any suit which a holder of any series of debt securities or warrants may bring in any state or federal court in New York City and we have accepted the jurisdiction of those courts for those actions. Our New York Representative Office is located at 460 Park Avenue, 8th Floor, New York, New York 10022. These appointments are irrevocable as long as any amounts of principal, premium or interest remain payable by us to the Fiscal Agent under any series of debt securities or any warrants have not expired or otherwise terminated under their terms. If for any reason either of these two men ceases to act as our authorized agent or ceases to have an address in Manhattan, we shall appoint a replacement. The appointment of agents for receipt of service of process and the acceptance of jurisdiction of state or federal courts in New York City do not, however, apply to actions brought under the United States federal securities laws. We may also be sued in courts having jurisdiction over us located in the Republic.

 

We will irrevocably consent to any relief and process in connection with a suit against us in relation to the debt securities or warrants, including the enforcement or execution of any order or judgment of the court. To the extent permitted by law, we will waive irrevocably any immunity from jurisdiction to which we might otherwise be entitled in any suit based on any series of debt securities or warrants.

 

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Foreign Exchange Controls

 

The Minister of Strategy and Finance of Korea must receive a notification with respect to the issuance by us of debt securities before we may issue debt securities outside the Republic. After issuance of debt securities outside the Republic, we are required to notify the Minister of Strategy and Finance of such issuance. No further approval or authorization is required for us to pay principal of or interest on the debt securities.

 

Description of Guarantees

 

The description below summarizes some of the provisions of the guarantees that the Republic may issue from time to time to guarantee our debt securities. Since it is only a summary, the description may not contain all of the information that is important to you as a potential beneficiary of a guarantee. Therefore, we urge you to read the “Rules for the State Guarantee of External Debt of Korean Banks” (as may be amended from time to time, the “Guarantee Rules”), including the form of guarantee, published on the website of the Ministry of Strategy and Finance (http://mosf.go.kr). We have filed a copy of these documents with the Securities and Exchange Commission as exhibits to the registration statement of which this prospectus is a part. You should refer to such exhibits for more complete information. The following summary is based on the Guarantee Rules effective as of the date of this prospectus. The Internet address of the Ministry of Strategy and Finance website is not intended to be used as a hyperlink and the information contained therein does not constitute part of this prospectus and is not incorporated by reference into this prospectus.

 

The prospectus supplement relating to a guarantee to be issued by the Republic will specify other specific provisions. The description of a guarantee to be issued by the Republic that will be contained in the prospectus supplement will supplement this description and, to the extent inconsistent with this description, replace it.

 

Government Guarantee Program

 

In response to the recent adverse conditions in global financial markets, the Government announced in October 2008 that it would guarantee foreign currency-denominated debt (but excluding foreign currency deposits and subordinated debt) of 18 Korean banks and their overseas branches owed to non-residents (including branches of foreign banks located in the Republic and as defined in Article 3 of the Foreign Exchange Transaction Act of Korea) issued or incurred between October 20, 2008 and June 30, 2009, up to an aggregate amount of US$100 billion (or its equivalent in other currencies), for a period of three years from the date such debt was issued or incurred. The National Assembly approved this government guarantee program (the “Government Guarantee Program”) on October 30, 2008 and the Minister of Strategy and Finance published the Guarantee Rules, which set forth details of the Government Guarantee Program, on October 31, 2008.

 

In order to apply for the Government guarantee, an eligible bank must complete and submit an application form to the Minister of Strategy and Finance. The application must set out details of the debt to be guaranteed and be accompanied by a review opinion of the Chairman of the Financial Services Commission. Upon an application by an eligible bank for the Government guarantee, the Minister of Strategy and Finance will determine whether to approve the application based on review of the identity of the creditor, the terms of the debt and other relevant factors.

 

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Under the Guarantee Rules, we are eligible to participate in the Government Guarantee Program and are entitled to apply for the Government guarantee. The maximum amount of debt that we may incur with the benefit of the Government guarantee (including principal and accrued interest) is US$9,394 million (or its equivalent in other currencies) (subject to adjustment by the Ministry of Strategy and Finance). We are required to pay, as with other participating banks, guarantee fees to the Government, at a rate of 1% per annum, on the outstanding balance of debt securities guaranteed by the Republic on the basis of a year consisting of 360 days. However, the Minister of Strategy and Finance may set different guarantee fee rates for different participating banks or adjust the guarantee fee rate depending on market conditions, financial condition of us or the other relevant participating bank and other relevant factors.

 

Pursuant to the Guarantee Rules, we entered into a memorandum of understanding relating to the improvement of our foreign currency operations (“Guarantee MOU”) and a memorandum of understanding relating to the rationalization of our management operations (“Management MOU”), in each case, with the Financial Supervisory Service on November 14, 2008. The Guarantee MOU, among other things, restricts the use of proceeds from the issuance of the debt guaranteed by the Government to refinancing or repayment of existing debt or to certain lending operations for small- and medium-sized enterprises or exporting companies. If there is a high chance for us to fail to perform our payment obligations under the debt guaranteed by the Government, the Guarantee MOU requires us to make a report to the Chairman of the Financial Supervisory Service and take immediate measures, including disposing of our foreign currency-denominated assets, to meet our payment obligations in order to avoid the Government guarantee being triggered. Pursuant to the Guarantee MOU, we are also required to dispose of our non-core foreign currency-denominated assets and diversify our foreign currency funding resources. Under the Management MOU, we are required to improve liquidity positions of small- and medium-sized enterprises and exporters by providing them adequate financing. The Management MOU also requires us to improve our productivity by adjusting our compensation system, including by implementation of a compensation structure based on long-term performance results. The Financial Supervisory Service will conduct regular reviews of our compliance with the terms of the Guarantee MOU and the Management MOU and, if our review is unsatisfactory, may impose sanctions, such as reduction of the maximum amount of debt that we may incur with the benefit of the Government guarantee or increase in the guarantee fees that we have to pay for the Government guarantee.

 

General Terms of the Guarantees

 

   

The Republic may irrevocably guarantee the principal of, and interest on, one or more series of debt securities issued by us in accordance with Article 92 of the National Finance Act;

 

   

Any holder of debt securities guaranteed by the Republic can demand the payment by the Republic of the principal of and accrued interest (including any default interest and related expenses) on such debt securities if (i) we fail to satisfy our payment obligations on a due date as required under the debt securities guaranteed by the Republic, or (ii) the debt securities guaranteed by the Republic are accelerated as a result of our failure to comply with the covenants under the debt securities guaranteed by the Republic. Any such demand must be made in writing in the prescribed form, and may be made only after failure by us to pay the amount due following demand for payment by the holders of the debt securities. Such demand must be accompanied by a copy of the guarantee executed and issued by the Republic (including documentary evidence to prove acceleration of the debt securities guaranteed by the

 

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Republic in case of acceleration) to the Minister of Strategy and Finance (and copy to Director-General of Fiscal Policy Bureau) pursuant to Article 8 of the Guarantee Rules. Upon such demand, the Republic shall promptly (after expiration of any applicable grace period) pay the holders such amount as demanded by such holders in accordance with the preceding sentence;

 

   

The obligation of the Republic under the guarantee shall terminate if the debt securities guaranteed by the Republic have been varied, amended, waived, released, novated, supplemented, extended or restated in any respect without the prior written consent of the Republic;

 

   

The obligation of the Republic under the guarantee shall become effective at the time the debt securities guaranteed by the Republic becomes effective and shall terminate at the maturity of the debt securities guaranteed by the Republic. In any event, the guarantee shall be effective only as to the payment obligations that are payable (at maturity, on scheduled payment dates, by acceleration or otherwise) on or before June 30, 2012 and only up to the sum of the principal and accrued interest (including default interest and related expenses) on such principal amount outstanding as of the date on which the payment obligations are due. The obligation of the Republic under the guarantee shall terminate unconditionally and irrevocably in respect of any debt security guaranteed by the Republic if the holder of such debt security fails to make a demand for guarantee payment within three months after the final stated maturity of the debt securities guaranteed by the Republic;

 

   

If the Republic makes a payment to the holders of debt securities under the guarantee, we are obligated to repay the Republic, within seven days of such guarantee payment, the amount of guarantee payment, together with any default interest or default compensation, if any, made by the Republic;

 

   

The Republic may amend the terms of the guarantee upon giving notice to us; provided, however, that such amendment may not adversely affect the interests of the holders unless such amendment is effected by a statute; and

 

   

The guarantee of the Republic will be governed by, and construed in accordance with, the laws of the Republic.

 

Risks Relating to the Guarantees to be Issued by the Republic

 

Guarantee Payments by the Republic May Be Delayed.    Any payments by the Republic under the Guarantee Rules will be made after the holders of debt securities make a written demand to the Republic for the guarantee payment. Any such demand may be made only after (i) the failure by us to make a payment due on the debt securities following a demand for payment made by the holders of the debt securities after the due date for such payment and (ii) the expiration of any applicable grace period. Therefore, any payments under the guarantee by the Republic will be delayed from the date the payment is due under the terms of the debt securities.

 

In addition, while the Republic is required to make payments under the guarantee promptly after it receives a written demand from the holders of debt securities, there is no designated period within which the Republic is required to make such payments. Moreover, the approvals by the State Council and the President of the Republic may be required in order for the guarantee payment to be made by the Republic. Therefore, if the Republic does not timely make the guarantee payments after it receives a written demand for payment, the guarantee payments on the debt securities could be further delayed.

 

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Holders of Debt Securities Guaranteed by the Republic May Lose the Right to Payment under the Guarantee Rules If You Fail to Follow the Demand Process under the Guarantee Program.    In order to recover payment under the guarantee by the Republic after our failure to pay any amount due on your notes, you must make a written demand to the Republic in a prescribed form in accordance with the Guarantee Rules. As described above under “Description of Guarantees—General Terms of the Guarantees”, if you fail to make a written demand in the prescribed form or otherwise in accordance with the Guarantee Rules or such written demand is not made within three months after the maturity of the debt securities, you will be deprived of all rights and remedies with respect to the guarantee claim.

 

You May Not Be Able to Enforce the Guarantee in Courts Outside of the Republic.    The Guarantee Rules do not contain any provision requiring the Republic to submit to the jurisdiction of any foreign court or waive any immunity which might be available to the Republic under the law of any foreign jurisdiction. As a result, you may not be able to enforce the guarantee in courts outside of the Republic.

 

The Government Guarantee Program Is New and Subject to Change.    The Government Guarantee Program is new and no claims have been made or paid under it to date. The Government Guarantee Program is governed by the Guarantee Rules that were adopted by the Ministry of Strategy and Finance on October 31, 2008, as well as the National Finance Act, Enforcement Decree of the National Finance Act and the Rules for the Management of State Guarantees. The Guarantee Rules may be amended by the Ministry of Strategy and Finance after the date of this prospectus. Moreover, the Republic may make an amendment to the terms of the guarantee that adversely affects the interests of the holders if such amendment is effected by a statute. Thus, your ability to obtain payment on your notes under the guarantee to be issued by the Republic is subject to the law, rules and regulations that could change at any time and from time to time in the future.

 

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LIMITATIONS ON ISSUANCE OF BEARER DEBT SECURITIES AND BEARER WARRANTS

 

Bearer securities will not be offered, sold or delivered in the United States or its possessions or to a United States person; except in certain circumstances permitted by United States tax regulations. Bearer securities will initially be represented by temporary global securities, without interest coupons, deposited with a common depositary in London for Euroclear and Clearstream for credit to designated accounts. Unless otherwise indicated in the prospectus supplement:

 

   

each temporary global security will be exchangeable for definitive bearer securities on or after the date that is 40 days after issuance only upon receipt of certification of non-United States beneficial ownership of the temporary global security as provided for in United States tax regulations, provided that no bearer security will be mailed or otherwise delivered to any location in the United States in connection with the exchange; and

 

   

any interest payable on any portion of a temporary global security with respect to any interest payment date occurring prior to the issuance of definitive bearer securities will be paid only upon receipt of certification of non-United States beneficial ownership of the temporary global security as provided for in United States tax regulations.

 

Bearer securities, other than temporary global debt securities, and any related coupons will bear the following legend: “Any United States person who holds this obligation will be subject to limitations under the United States federal income tax laws, including the limitations provided in Section 165(j) and 1287(a) of the Internal Revenue Code.” The sections referred to in the legend provide that, with certain exceptions, a United States person who holds a bearer security or coupon will not be allowed to deduct any loss realized on the disposition of the bearer security, and any gain, which might otherwise be characterized as capital gain, recognized on the disposition will be treated as ordinary income.

 

For purposes of this section, “United States person” means:

 

   

a citizen or resident of the United States;

 

   

a corporation, partnership or other entity created or organized in or under the laws of the United States of any political subdivision thereof; or

 

   

an estate or trust the income of which is subject to United States federal income taxation regardless of its source.

 

For purposes of this section, “United States” means the United States of America, including each state and the District of Columbia, its territories, possessions and other areas subject to its jurisdiction.

 

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TAXATION

 

The following discussion summarizes certain Korean and U.S. federal income tax considerations that may be relevant to you if you invest in debt securities. This summary is based on laws, regulations, rulings and decisions in effect as of the date of this Prospectus. These laws, regulations, rulings and/or decisions may change; any such change could apply retroactively and could affect the continued validity of this summary.

 

This summary does not describe all of the tax considerations that may be relevant to you or your situation, particularly if you are subject to special tax rules. You should consult your tax adviser about the tax consequences of holding the debt securities, including the relevance to your particular situation of the considerations discussed below, as well as of state, local or other tax laws.

 

Korean Taxation

 

The following summary of Korean tax consideration applies to you so long as you are not:

 

   

a citizen of Korea;

 

   

a resident of Korea;

 

   

a corporation organized under Korean law;

 

   

a corporation of which the place of management is located in Korea; or

 

   

engaging in a trade or business in Korea through a permanent establishment or a fixed base to which the relevant income is attributable or with which the relevant income is effectively connected.

 

Tax on Interest Payments

 

Under the Special Tax Treatment Control Law (the “STTCL”), when we make payments of interest to you on the debt securities, no amount will be withheld from such payments for, or on account of, taxes of any kind imposed, levied, withheld or assessed by Korea or any political subdivision or taxing authority thereof or therein; provided that the debt securities are deemed to be foreign currency denominated bonds for the purpose of the STTCL.

 

Tax on Capital Gains

 

You will not be subject to any Korean income or withholding taxes in connection with the sale, exchange or other disposition of a debt security, provided that the disposition does not involve a transfer of the debt security to a resident of Korea (or the Korean permanent establishment of a non-resident). In addition, the STTCL exempts you from Korean taxation on any capital gains that you earn from the transfer of the debt securities outside of Korea; provided that the offering of the debt securities is deemed to be an overseas issuance for the purpose of the STTCL. If you sell or otherwise dispose of debt securities to a Korean resident or such disposition or sale is made within Korea, any gain realized on the transaction will be taxable at ordinary Korean withholding tax rates at the lower of 27.5% of net gain (subject to the production of satisfactory evidence of the acquisition costs and certain direct transaction costs) or 11% of gross sale proceeds with respect to transactions, unless an exemption is available under an applicable income tax treaty. For example, if you are a resident of the United States for the purposes of the income tax treaty currently in force between Korea and the United States, you are generally entitled to an exemption from Korean taxation in respect of any gain realized

 

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on a disposition of a debt security, regardless of whether the disposition is to a Korean resident. For more information regarding tax treaties, please refer to the heading “Tax Treaties” below.

 

With respect to computing the above-mentioned 27.5% withholding taxes on net gain, please note that there is no provision under relevant Korean law for offsetting gains and losses or otherwise aggregating transactions for the purpose of computing the net gain attributable to sales of the debt securities. The purchaser of the debt securities or, in the case of the sale of the debt securities through a securities company in Korea, the securities company through which such sale is effected, is required under Korean law to withhold the applicable amount of Korean tax and make payment thereof to the relevant Korean tax authority. Unless you, as the seller, can claim the benefit of an exemption or a reduced rate of tax under an applicable tax treaty or in the absence of producing satisfactory evidence of your acquisition cost and certain direct transaction cost in relation to the debt securities being sold, the purchaser or the securities company, as applicable, must withhold an amount equal to 11% of the gross sale proceeds. Any withheld tax must be paid no later than the tenth day of the month following the month in which the payment for the purchase of the relevant debt securities occurred. Failure to timely transmit the withheld tax to the Korean tax authorities technically subjects the purchaser or the securities company to penalties under Korean tax laws.

 

Inheritance Tax and Gift Tax

 

If you die while domiciled in Korea, Korean inheritance tax will be imposed upon the transfer by succession of any of the debt securities, wherever located, that you own at the time of death. Furthermore, regardless of where you are domiciled when you die, Korean inheritance tax will be imposed upon the transfer by succession of any of the debt securities you own that are located in Korea at the time of death. Similarly, if you give the debt securities as a gift to any other person, the donee will be subject to Korean gift tax, based on where you are domiciled or where the debt securities are located at the time that you make the gift. The amount, if any, of the applicable inheritance or gift tax imposed in specific cases depends on the value of the debt securities (or other property) and the identities of the parties involved.

 

Under Korean inheritance and gift tax laws, debt securities issued by Korean corporations are deemed to be located in Korea irrespective of where they are physically located or by whom they are owned.

 

Stamp Duty

 

You will not be subject to any Korean stamp duty, registration duty or similar documentary tax in respect of or in connection with a transfer of any debt securities or in connection with the exercise of exchange rights or conversion rights that may be acquired with the debt securities.

 

Guarantees

 

Although there are no Korean tax laws, regulations or rulings specific to the payment under the guarantee herein, we believe any payments of interest on and principal amount of the debt securities (or the issued price if the debt securities were originally issued at a discount) by the Republic under the Republic’s guarantee on the debt securities denominated in a foreign currency and issued by us are not subject to withholding tax. Further details of the tax consequences of the holders of our debt securities guaranteed by the Republic may be provided in the relevant prospectus supplement.

 

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Tax Treaties

 

At the date of this prospectus, Korea has tax treaties with, among others, Australia, Austria, Bangladesh, Belgium, Brazil, Bulgaria, Canada, China, Czech Republic, Denmark, Egypt, Finland, France, Germany, Hungary, India, Indonesia, Ireland, Italy, Japan, Luxembourg, Malaysia, Mexico, Mongolia, the Netherlands, New Zealand, Norway, Pakistan, Philippines, Poland, Republic of Fiji, Romania, Singapore, Spain, Sri Lanka, Sweden, Switzerland, Thailand, Tunisia, Turkey, the United Kingdom, the United States of America and Vietnam under which the rate of withholding tax on interest and dividends is reduced, generally to between 5% and 15%, and the tax on capital gains is often eliminated.

 

With respect to any gains subject to Korean withholding tax, as described under the heading “Tax on Capital Gains” above, you should inquire for yourself whether you are entitled to the benefit of a tax treaty with Korea. It will be your responsibility to claim the benefits of any tax treaty that may exist between your country and Korea in respect of capital gains, and to provide to the purchaser of the debt securities, or the relevant securities company through which the transfer of the debt securities is effected, as applicable, a certificate as to your country of residence. In the absence of sufficient proof, the purchaser, or the relevant securities company, as the case may be, must withhold tax at normal rates.

 

In addition, subject to certain exceptions, in order to receive the benefit of a tax exemption available under any applicable tax treaty, you may also be required to submit to the payer of such Korean source income an application for tax exemption under a tax treaty, together with a certificate as to your country of residence. The payer of such Korean source income, in turn, will be required to submit such exemption application to the relevant district tax office in Korea by the ninth day of the month following the date of the first payment of such income.

 

At present, Korea has not entered into any tax treaties regarding inheritance or gift tax.

 

United States Tax Considerations

 

Any U.S. federal tax advice included in this communication was not intended or written to be used, and cannot be used, for the purpose of avoiding U.S. federal tax penalties.

 

The following discussion summarizes certain U.S. federal income tax considerations that may be relevant to you if you invest in debt securities and are a U.S. holder. You will be a U.S. holder if you are an individual who is a citizen or resident of the United States, a U.S. domestic corporation, or any other person that is subject to U.S. federal income tax on a net income basis in respect of its investment in a debt security. This summary deals only with U.S. holders that hold debt securities as capital assets for tax purposes. This summary does not apply to you if you are an investor that is subject to special tax rules, such as:

 

   

a bank or thrift;

 

   

a real estate investment trust;

 

   

a regulated investment company;

 

   

an insurance company;

 

   

a dealer in securities or currencies;

 

   

a trader in securities or commodities that elects mark-to-market treatment;

 

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a person that will hold debt securities as a hedge against currency risk or as a position in a straddle or conversion transaction for tax purposes;

 

   

a tax exempt organization; or

 

   

a person whose functional currency for tax purposes is not the U.S. dollar.

 

This summary is based on the Internal Revenue Code of 1986, as amended (the “Code”), its legislative history, existing and proposed regulations promulgated thereunder, and published rulings and court decisions, all as currently in effect. These laws are subject to change, possibly on a retroactive basis.

 

Any special U.S. federal income tax considerations relevant to a particular issuance of debt securities will be discussed in the applicable prospectus supplement. You should consult your tax adviser about the tax consequences of holding debt securities, including the relevance to your particular situation of the considerations discussed below, as well as of state, local or other tax laws.

 

Payments or Accruals of Interest

 

Payments or accruals of “qualified stated interest” (as defined below) on a debt security will be taxable to you as ordinary interest income at the time that you receive or accrue such amounts, in accordance with your regular method of tax accounting. If you use the cash method of tax accounting and you receive payments of interest pursuant to the terms of a debt security in a currency other than U.S. dollars, a “foreign currency”, the amount of interest income you will realize will be the U.S. dollar value of the foreign currency payment based on the exchange rate in effect on the date you receive the payment regardless of whether you convert the payment into U.S. dollars. If you are an accrual-basis U.S. holder, the amount of interest income you will realize will be based on the average exchange rate in effect during the interest accrual period or, with respect to an interest accrual period that spans two taxable years, at the average exchange rate for the partial period within the taxable year. Alternatively, as an accrual-basis U.S. holder you may elect to translate all interest income on foreign currency-denominated debt securities at the spot rate on the last day of the accrual period (or the last day of the taxable year, in the case of an accrual period that spans more than one taxable year), or on the date that you receive the interest payment if that date is within five business days of the end of the accrual period. If you make this election you must apply it consistently to all debt instruments from year to year and you cannot change the election without the consent of the Internal Revenue Service. If you use the accrual method of accounting for tax purposes you will recognize foreign currency gain or loss on the receipt of a foreign currency interest payment if the exchange rate in effect on the date the payment is received differs from the rate applicable to a previous accrual of that interest income. This foreign currency gain or loss will be treated as ordinary income or loss, but generally will not be treated as an adjustment to interest income received on the debt security.

 

Purchase, Sale and Retirement of Notes

 

Initially, your tax basis in a debt security generally will equal the cost of the debt security to you. Your basis will increase by any amounts that you are required to include in income under the rules governing original issue discount and market discount, and will decrease by the amount of any amortized premium and any payments other than qualified stated interest made on the debt security. The rules for determining these amounts are discussed below. If you purchase a debt security that is denominated in a foreign currency, the cost to you, and therefore generally your initial tax basis, will be the U.S. dollar value of the foreign currency purchase price on the date of purchase calculated at the

 

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exchange rate in effect on that date. If the foreign currency-denominated debt security is traded on an established securities market and you are a cash-basis taxpayer, or if you are an accrual-basis taxpayer that makes a special election, then you will determine the U.S. dollar value of the cost of the debt security by translating the amount of the foreign currency that you paid for the debt security at the spot rate of exchange on the settlement date of your purchase. The amount of any subsequent adjustments to your tax basis in a foreign currency-denominated debt security in respect of original issue discount, market discount and premium will be determined in the manner described below. If you convert U.S. dollars into a foreign currency and then immediately use that foreign currency to purchase a debt security, you generally will not have any taxable gain or loss as a result of the purchase.

 

When you sell or exchange a debt security, or if a debt security is retired, you generally will recognize gain or loss equal to the difference between the amount you realize on the transaction, less any accrued qualified stated interest, which will be subject to tax in the manner described above, and your tax basis in the debt security. If you sell or exchange a debt security for a foreign currency, or receive foreign currency on the retirement of a debt security, the amount you will realize for U.S. tax purposes generally will be the dollar value of the foreign currency that you receive calculated at the exchange rate in effect on the date the foreign currency debt security is disposed of or retired. If you dispose of a foreign currency debt security that is traded on an established securities market and you are a cash-basis U.S. holder, or if you are an accrual-basis holder that makes a special election, then you will determine the U.S. dollar value of the amount realized by translating the amount at the spot rate of exchange on the settlement date of the sale, exchange or retirement.

 

The special election available to you if you are an accrual-basis taxpayer in respect of the purchase and sale of foreign currency debt securities traded on an established securities market, which is discussed in the two preceding paragraphs, must be applied consistently to all debt instruments from year to year and cannot be changed without the consent of the Internal Revenue Service.

 

Except as discussed below with respect to market discount, short-term debt securities and foreign currency gain or loss, the gain or loss that you recognize on the sale, exchange or retirement of a debt security generally will be long-term capital gain or loss if you have held the debt security for more than one year. The Code provides preferential treatment under certain circumstances for net long-term capital gains recognized by individual investors. Net long-term capital gain recognized by an individual U.S. holder generally will be subject to a maximum tax rate of 15% for debt securities held for more than one year. The ability of U.S. holders to offset capital losses against ordinary income is limited.

 

The gain or loss that you recognize on the sale, exchange or retirement of a foreign currency debt security generally will be treated as ordinary income or loss to the extent that the gain or loss is attributable to changes in exchange rates during the period in which you held the debt security. This foreign currency gain or loss will not be treated as an adjustment to interest income that you receive on the debt security.

 

Original Issue Discount

 

If we issue debt securities at a discount from their stated redemption price at maturity, and the discount is equal to or more than the product of one-fourth of one percent (0.25%) of the stated redemption price at maturity of the debt securities multiplied by the number of whole years to their maturity, the debt securities will be “Original Issue Discount Debt Securities.” The difference between the issue price and their stated redemption price at maturity will be the “original issue discount.” The

 

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“issue price” of the debt securities will be the first price at which a substantial amount of the debt securities are sold to the public (i.e., excluding sales of debt securities to underwriters, placement agents, wholesalers, or similar persons). The “stated redemption price at maturity” will include all payments under the debt securities other than payments of qualified stated interest. The term “qualified stated interest” generally means stated interest that is unconditionally payable in cash or property, other than debt instruments issued by the Company, at least annually during the entire term of a debt security at a single fixed interest rate or, subject to certain conditions, based on one or more interest indices.

 

If you invest in Original Issue Discount Debt Securities you generally will be subject to the special tax accounting rules for original issue discount obligations provided by the Internal Revenue Code and certain Treasury regulations (the “OID regulations”). You should be aware that, as described in greater detail below, if you invest in an Original Issue Discount Debt Security you generally will be required to include original issue discount in ordinary gross income for U.S. federal income tax purposes as it accrues, before you receive the cash attributable to that income.

 

In general, and regardless of whether you use the cash or the accrual method of tax accounting, if you are the holder of an Original Issue Discount Debt Security with a maturity greater than one year, you will be required to include in ordinary gross income the sum of the “daily portions” of original issue discount on that debt security for all days during the taxable year that you own the debt security. The daily portions of original issue discount on an Original Issue Discount Debt Security are determined by allocating to each day in any accrual period a ratable portion of the original issue discount allocable to that period. Accrual periods may be any length and may vary in length over the term of an Original Issue Discount Debt Security, so long as no accrual period is longer than one year and each scheduled payment of principal or interest occurs on the first or last day of an accrual period. If you are the initial holder of the debt security, the amount of original issue discount on an Original Issue Discount Debt Security allocable to each accrual period is determined by:

 

  (i)   multiplying the “adjusted issue price” (as defined below) of the debt security at the beginning of the accrual period by a fraction, the numerator of which is the annual yield to maturity of the debt security and the denominator of which is the number of accrual periods in a year; and

 

  (ii)   subtracting from that product the amount, if any, payable as qualified stated interest allocable to that accrual period.

 

In the case of an Original Issue Discount Debt Security that is a floating rate debt security, both the “annual yield to maturity” and the qualified stated interest will be determined for these purposes as though the debt security had borne interest in all periods at a fixed rate generally equal to the rate that would be applicable to interest payments on the debt security on its date of issue or, in the case of some floating rate debt securities, the rate that reflects the yield that is reasonably expected for the debt security. Additional rules may apply if interest on a floating rate debt security is based on more than one interest index. The “adjusted issue price” of an Original Issue Discount Debt Security at the beginning of any accrual period will generally be the sum of its issue price, including any accrued interest, and the amount of original issue discount allocable to all prior accrual periods, reduced by the amount of all payments other than any qualified stated interest payments on the debt security in all prior accrual periods. All payments on an Original Issue Discount Debt Security, other than qualified stated interest, will generally be viewed first as payments of previously accrued original issue discount, to the extent of the previously accrued discount, with payments considered made from the earliest accrual periods first, and then as a payment of principal. The “annual yield to maturity” of a debt security is the discount rate, appropriately adjusted to reflect the length of accrual periods, that causes

 

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the present value on the issue date of all payments on the debt security to equal the issue price. As a result of this “constant yield” method of including original issue discount income, the amounts you will be required to include in your gross income if you invest in an Original Issue Discount Debt Security denominated in U.S. dollars will generally be less in the early years and greater in the later years than amounts that would be includible on a straight-line basis.

 

You generally may make an irrevocable election to include in income your entire return on a debt security (i.e., the excess of all remaining payments to be received on the debt security, including payments of qualified stated interest, over the amount you paid for the debt security) under the constant yield method described above. For debt securities purchased at a premium or bearing market discount in your hands, if you make this election you will also be deemed to have made the election (discussed below under “Premium and Market Discount”) to amortize premium or to accrue market discount in income currently on a constant yield basis.

 

In the case of an Original Issue Discount Debt Security that is also a foreign currency-denominated debt security, you should determine the U.S. dollar amount includible as original issue discount for each accrual period by (i) calculating the amount of original issue discount allocable to each accrual period in the foreign currency using the constant yield method, and (ii) translating the foreign currency amount so determined at the average exchange rate in effect during that accrual period (or, with respect to an interest accrual period that spans two taxable years, at the average exchange rate for each partial period). Alternatively, you may translate the foreign currency amount so determined at the spot rate of exchange on the last day of the accrual period (or the last day of the taxable year, for an accrual period that spans two taxable years), or at the spot rate of exchange on the date of receipt, if that date is within five business days of the last day of the accrual period, provided that you have made the election described under the caption “Payments or Accruals of Interest” above. Because exchange rates may fluctuate, if you are the holder of an Original Issue Discount Debt Security that is also a foreign currency debt security you may recognize a different amount of original issue discount income in each accrual period than would be the case if you were the holder of an otherwise similar Original Issue Discount Debt Security denominated in U.S. dollars. Upon the receipt of an amount attributable to original issue discount, whether in connection with a payment of an amount that is not qualified stated interest or the sale or retirement of the Original Issue Discount Debt Security, you will recognize ordinary income or loss measured by the difference between the amount received, translated into U.S. dollars at the exchange rate in effect on the date of receipt or on the date of disposition of the Original Issue Discount Debt Security, as the case may be, and the amount accrued, using the exchange rate applicable to such previous accrual.

 

If you purchase an Original Issue Discount Debt Security outside of the initial offering at a cost less than its “remaining redemption amount”, or if you purchase an Original Issue Discount Debt Security in the initial offering at a price other than the debt security’s issue price, you will also generally be required to include in gross income the daily portions of original issue discount, calculated as described above. However, if you acquire an Original Issue Discount Debt Security at a price greater than its adjusted issue price, you will be entitled to reduce your periodic inclusions of original issue discount to reflect the premium paid over the adjusted issue price. The remaining redemption amount for an Original Issue Discount Debt Security is the total of all future payments to be made on the debt security other than qualified stated interest.

 

Floating rate debt securities generally will be treated as “variable rate debt instruments” under the OID regulations. Accordingly, the stated interest on a floating rate debt security generally will be treated as qualified stated interest, and such a debt security will not have original issue discount solely

 

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as a result of the fact that it provides for interest at a variable rate. A floating rate debt security that does not qualify as a variable rate debt instrument will be subject to special rules (the “contingent payment regulations”) that govern the tax treatment of debt obligations that provide for contingent payments (“contingent debt obligations”). A detailed description of the tax considerations relevant to U.S. holders of any such debt securities will be provided in the applicable prospectus supplement.

 

Certain debt securities may be redeemed prior to maturity, either at our option or at the option of the holder, or may have special repayment or interest rate reset features as indicated in the prospectus supplement. Original Issue Discount Debt Securities containing these features may be subject to rules that differ from the general rules discussed above. If you purchase Original Issue Discount Debt Securities with these features, you should carefully examine the prospectus supplement and consult your tax adviser about their treatment since the tax consequences with respect to original issue discount will depend, in part, on the particular terms and features of the debt securities.

 

Short-Term Debt Securities

 

The rules described above will also generally apply to Original Issue Discount Debt Securities with maturities of one year or less (“short-term debt securities”), but with some modifications.

 

First, the original issue discount rules treat none of the interest on a short-term debt security as qualified stated interest, but treat a short-term debt security as having original issue discount. Thus, all short-term debt securities will be Original Issue Discount Debt Securities. Except as noted below, if you are a cash-basis holder of a short-term debt security and you do not identify the short-term debt security as part of a hedging transaction you will generally not be required to accrue original issue discount currently, but you will be required to treat any gain realized on a sale, exchange or retirement of the debt security as ordinary income to the extent such gain does not exceed the original issue discount accrued with respect to the debt security during the period you held the debt security. You may not be allowed to deduct all of the interest paid or accrued on any indebtedness incurred or maintained to purchase or carry a short-term debt security until the maturity of the debt security or its earlier disposition in a taxable transaction. Notwithstanding the foregoing, if you are a cash-basis U.S. holder of a short-term debt security you may elect to accrue original issue discount on a current basis, in which case the limitation on the deductibility of interest described above will not apply. A U.S. holder using the accrual method of tax accounting and some cash method holders, including banks, securities dealers, regulated investment companies and certain trust funds, generally will be required to include original issue discount on a short-term debt security in gross income on a current basis. Original issue discount will be treated as accruing for these purposes on a ratable basis or, at the election of the holder, on a constant yield basis based on daily compounding.

 

Second, regardless of whether you are a cash- or accrual-basis holder, if you are the holder of a short-term debt security you can elect to accrue any “acquisition discount” with respect to the debt security on a current basis. Acquisition discount is the excess of the remaining redemption amount of the debt security at the time of acquisition over the purchase price. Acquisition discount will be treated as accruing ratably or, at the election of the holder, under a constant yield method based on daily compounding. If you elect to accrue acquisition discount, the original issue discount rules will not apply.

 

Finally, the market discount rules described below will not apply to short-term debt securities.

 

As described above, certain of the debt securities may be subject to special redemption features. These features may affect the determination of whether a debt security has a maturity of one year or

 

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less and thus is a short-term debt security. If you purchase debt securities with these features, you should carefully examine the prospectus supplement and consult your tax adviser about these features.

 

Premium and Market Discount

 

If you purchase a debt security at a cost greater than the debt security’s remaining redemption amount, you will be considered to have purchased the debt security at a premium, and you may elect to amortize the premium as an offset to interest income, using a constant yield method, over the remaining term of the debt security. If you make this election, it generally will apply to all debt instruments that you hold at the time of the election, as well as any debt instruments that you subsequently acquire. In addition, you may not revoke the election without the consent of the Internal Revenue Service. If you elect to amortize the premium you will be required to reduce your tax basis in the debt security by the amount of the premium amortized during your holding period. Original Issue Discount Debt Securities purchased at a premium will not be subject to the original issue discount rules described above. In the case of premium on a foreign currency debt security, you should calculate the amortization of the premium in the foreign currency. Amortization deductions attributable to a period reduce interest payments in respect of that period, and therefore are translated into U.S. dollars at the rate that you use for those interest payments. Exchange gain or loss will be realized with respect to amortized premium on a foreign currency debt security based on the difference between the exchange rate computed on the date or dates the premium is amortized against interest payments on the debt security and the exchange rate on the date when the holder acquired the debt security. For a U.S. holder that does not elect to amortize premium, the amount of premium will be included in your tax basis when the debt security matures or is disposed of. Therefore, if you do not elect to amortize premium and you hold the debt security to maturity, you generally will be required to treat the premium as capital loss when the debt security matures.

 

If you purchase a debt security at a price that is lower than the debt security’s remaining redemption amount, or in the case of an Original Issue Discount Debt Security, the debt security’s adjusted issue price, by 0.25% or more of the remaining redemption amount, or adjusted issue price, multiplied by the number of remaining whole years to maturity, the debt security will be considered to bear “market discount” in your hands. In this case, any gain that you realize on the disposition of the debt security generally will be treated as ordinary interest income to the extent of the market discount that accrued on the debt security during your holding period. In addition, you could be required to defer the deduction of a portion of the interest paid on any indebtedness that you incurred or continued to purchase or carry the debt security. In general, market discount will be treated as accruing ratably over the term of the debt security, or, at your election, under a constant yield method. You must accrue market discount on a foreign currency debt security in the specified currency. The amount that you will be required to include in income in respect of accrued market discount will be the U.S. dollar value of the accrued amount, generally calculated at the exchange rate in effect on the date that you dispose of the debt security.

 

You may elect to include market discount in gross income currently as it accrues (on either a ratable or constant yield basis), in lieu of treating a portion of any gain realized on a sale of the debt security as ordinary income. If you elect to include market discount on a current basis, the interest deduction deferral rule described above will not apply. If you do make such an election, it will apply to all market discount debt instruments that you acquire on or after the first day of the first taxable year to which the election applies. The election may not be revoked without the consent of the Internal Revenue Service. Any accrued market discount on a foreign currency debt security that is currently

 

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includible in income will be translated into U.S. dollars at the average exchange rate for the accrual period (or portion thereof within the holder’s taxable year).

 

Warrants

 

A description of the tax consequences of an investment in warrants will be provided in the applicable prospectus supplement.

 

Indexed Notes and Other Notes Providing for Contingent Payments

 

The contingent payment regulations generally require accrual of interest income on a constant yield basis in respect of contingent debt obligations at a yield determined at the time of issuance of the obligation, and may require adjustments to these accruals when any contingent payments are made. In addition, special rules may apply to floating rate debt securities if the interest payable on the debt securities is based on more than one interest index. We will provide a detailed description of the tax considerations relevant to U.S. holders of any debt securities that are subject to the special rules discussed in this paragraph in the relevant prospectus supplement.

 

Information Reporting and Backup Withholding

 

The paying agent must file information returns with the United States Internal Revenue Service in connection with debt security payments made to certain United States persons. If you are a United States person, you generally will not be subject to United States backup withholding tax on such payments if you provide your taxpayer identification number to the paying agent. You may also be subject to information reporting and backup withholding tax requirements with respect to the proceeds from a sale of the debt securities. If you are not a United States person, in order to avoid information reporting and backup withholding tax requirements you may have to comply with certification procedures to establish that you are not a United States person.

 

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PLAN OF DISTRIBUTION

 

We and the Republic, if a guarantee by the Republic is furnished, may sell or issue the debt securities or warrants or guarantees in any of three ways:

 

   

through underwriters or dealers;

 

   

directly to one or more purchasers; or

 

   

through agents.

 

The prospectus supplement relating to a particular series of debt securities or warrants or guarantees will state:

 

   

the names of any underwriters;

 

   

the purchase price of the securities;

 

   

the proceeds to us from the sale;

 

   

any underwriting discounts and other compensation;

 

   

the initial public offering price;

 

   

any discounts or concessions allowed or paid to dealers; and

 

   

any securities exchanges on which the securities will be listed.

 

Any underwriter involved in the sale of securities will acquire the securities for its own account. The underwriters may resell the securities from time to time in one or more transactions, including negotiated transactions, at a fixed public offering price or at varying prices to be determined at the time of sale. The securities may be offered to the public either by underwriting syndicates represented by managing underwriters or by underwriters without a syndicate. Unless the prospectus supplement states otherwise, certain conditions must be satisfied before the underwriters become obligated to purchase securities from us and the Republic, if applicable, and they will be obligated to purchase all of the securities if any are purchased. The underwriters may change any initial public offering price and any discounts or concessions allowed or reallowed or paid to dealers.

 

If we and the Republic, if a guarantee by the Republic is furnished, sell any securities through agents, the prospectus supplement will identify the agent and indicate any commissions payable by us and the Republic, if applicable. Unless the prospectus supplement states otherwise, all agents will act on a best efforts basis and will not acquire the securities for their own account.

 

We and the Republic, if a guarantee by the Republic is furnished, may authorize agents, underwriters or dealers to solicit offers by certain specified entities to purchase the securities from us and the Republic, if applicable, at the public offering price set forth in a prospectus supplement pursuant to delayed delivery contracts. The prospectus supplement will set out the conditions of the delayed delivery contracts and the commission receivable by the agents, underwriters or dealers for soliciting the contracts.

 

We and the Republic, if a guarantee by the Republic is furnished, may offer debt securities as consideration for the purchase of other of our debt securities, either in connection with a publicly announced tender offer or in privately negotiated transactions. The offer may be in addition to or in lieu of sales of debt securities directly or through underwriters or agents.

 

Agents and underwriters may be entitled to indemnification by us against certain liabilities, including liabilities under the Securities Act of 1933, as amended, or to contribution from us with respect to certain payments which the agents or underwriters may be required to make. Agents and underwriters may be customers of, engage in transactions with, or perform services (including commercial and investment banking services) for, us and the Republic in the ordinary course of business.

 

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LEGAL MATTERS

 

The validity of any particular series of debt securities or warrants issued with debt securities will be passed upon for us and any underwriters or agents by United States and Korean counsel identified in the related prospectus supplement.

 

AUTHORIZED REPRESENTATIVES IN THE UNITED STATES

 

Our authorized agents in the United States are Mr. Joo-shik Kong, Chief Representative of our New York Representative Office, or Mr. Yeong-hee Lee, Representative of our New York Representative Office. The address of our New York Representative Office is 460 Park Avenue, 8th Floor, New York, New York 10022. The authorized representative of the Republic in the United States is Mr. Yeo-kwon Yoon, Financial Attache, Korean Consulate General in New York, located at 335 East 45th Street, New York, New York 10017.

 

OFFICIAL STATEMENTS AND DOCUMENTS

 

Our Chairman and President, in his official capacity, has supplied the information set forth under “The Export-Import Bank of Korea” (except for the information set out under “The Export-Import Bank of Korea—Business—Government Support and Supervision”). Such information is stated on his authority.

 

The Minister of Strategy and Finance of The Republic of Korea, in his official capacity, has supplied the information set out under “The Export-Import Bank of Korea—Business—Government Support and Supervision” and “The Republic of Korea”. Such information is stated on his authority. The documents identified in the portion of this prospectus captioned “The Republic of Korea” as the sources of financial or statistical data are official public documents of the Republic or its agencies and instrumentalities.

 

EXPERTS

 

Our financial statements as of and for the years ended December 31, 2007 and 2006 included in this prospectus and included elsewhere in the registration statement of which this prospectus is a part have been audited by Deloitte Anjin LLC, an independent accounting firm, as stated in their reports appearing herein and elsewhere in the registration statement, and are included in reliance upon the reports of such firm given upon their authority as experts in accounting and auditing.

 

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FORWARD-LOOKING STATEMENTS

 

This prospectus includes future expectations, projections or “forward-looking statements”, as defined in Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. The words “believe”, “expect”, “anticipate”, “estimate”, “project” and similar words identify forward-looking statements. In addition, all statements other than statements of historical facts included in this prospectus are forward-looking statements. Although we believe that the expectations reflected in the forward-looking statements are reasonable, we can give no assurance that such expectations will prove correct. This prospectus discloses important factors that could cause actual results to differ materially from our expectations (“Cautionary Statements”). All subsequent written and oral forward-looking statements attributable to us or persons acting on our behalf are expressly qualified in their entirety by the Cautionary Statements.

 

Factors that could adversely affect the future performance of the Korean economy include:

 

   

continuing difficulties in the housing and financial sectors in the United States and elsewhere and the resulting adverse effects on the global financial markets;

 

   

adverse changes or volatility in foreign currency reserve levels, commodity prices (including oil prices), exchange rates (including fluctuation of the U.S. dollar or Japanese yen exchange rates or revaluation of the Chinese renminbi), interest rates and stock markets;

 

   

substantial decreases in the market prices of Korean real estate;

 

   

increasing delinquencies and credit defaults by consumer and small and medium sized enterprise borrowers;

 

   

declines in consumer confidence and a slowdown in consumer spending;

 

   

adverse developments in the economies of countries that are important export markets for the Republic, such as the United States, Japan and China, or in emerging market economies in Asia or elsewhere;

 

   

the continued emergence of the Chinese economy, to the extent its benefits (such as increased exports to China) are outweighed by its costs (such as competition in export markets or for foreign investment and the relocation of the manufacturing base from the Republic to China);

 

   

social and labor unrest;

 

   

a decrease in tax revenues and a substantial increase in the Government’s expenditures for fiscal stimulus measures, unemployment compensation and other economic and social programs that, together, would lead to an increased government budget deficit;

 

   

financial problems or lack of progress in the restructuring of Korean conglomerates, other large troubled companies, their suppliers or the financial sector;

 

   

loss of investor confidence arising from corporate accounting irregularities and corporate governance issues at certain Korean conglomerates;

 

   

the economic impact of any pending or future free trade agreements, including the Free Trade Agreement recently negotiated with the United States;

 

   

geo-political uncertainty and risk of further attacks by terrorist groups around the world;

 

   

the recurrence of severe acute respiratory syndrome, or SARS, or an outbreak of avian flu in Asia and other parts of the world;

 

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deterioration in economic or diplomatic relations between the Republic and its trading partners or allies, including deterioration resulting from trade disputes or disagreements in foreign policy;

 

   

political uncertainty or increasing strife among or within political parties in the Republic;

 

   

hostilities involving oil producing countries in the Middle East and any material disruption in the supply of oil or increase in the price of oil; and

 

   

an increase in the level of tension or an outbreak of hostilities between North Korea and the Republic or the United States.

 

FURTHER INFORMATION

 

We filed a registration statement with respect to the securities with the Securities and Exchange Commission under the Securities Act of 1933, as amended, and its related rules and regulations. You can find additional information concerning ourselves and the securities in the registration statement and any pre- or post-effective amendment, including its various exhibits, which may be inspected at the public reference facilities maintained by the Securities and Exchange Commission at Room 1024, 450 Fifth Street N.W., Washington, D.C. 20549.

 

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PART II

 

INFORMATION NOT REQUIRED IN THE PROSPECTUS

 

Item 11. Estimated Expenses.*

 

It is estimated that our expenses in connection with the sale of the debt securities, warrants and guarantees hereunder, exclusive of compensation payable to underwriters and agents, will be as follows:

 

SEC Registration Fee

   US$ 196,500

Printing Costs

     250,000

Legal Fees and Expenses

     450,000

Fiscal Agent Fees and Expenses

     50,000

Blue Sky Fees and Expenses

     50,000

Rating Agencies’ Fees

     350,000

Miscellaneous (including amounts to be paid to underwriters in lieu of reimbursement of certain expenses)

     600,000
      

Total

   US$  1,946,500
      

 

*   Based on three underwritten offerings of the debt securities.

 

UNDERTAKINGS

 

The Registrants hereby undertake:

 

  (a)   To file, during any period in which offers or sales are being made, a post-effective amendment to this Registration Statement:

 

  (i)   To include any prospectus required by Section 10(a)(3) of the Securities Act of 1933;

 

  (ii)   To reflect in the prospectus any facts or events arising after the effective date of this Registration Statement (or the most recent post-effective amendment thereto) which, individually or in the aggregate, represent a fundamental change in the information set forth in this Registration Statement; and

 

  (iii)   To include any material information with respect to the plan of distribution not previously disclosed in this Registration Statement or any material change to such information in this Registration Statement;

 

  (b)   That, for the purpose of determining any liability under the Securities Act of 1933, each such post-effective amendment shall be deemed to be a new registration statement relating to the securities offered therein, and the offering of such securities at that time shall be deemed to be the initial bona fide offering thereof; and

 

  (c)   To remove from registration by means of a post-effective amendment any of the securities being registered which remain unsold at the termination of the offering.

 

  (d)   That, for purposes of determining liability under the Securities Act of 1933 to any purchaser:

 

each prospectus filed pursuant to Rule 424(b) as part of a registration statement relating to an offering, other than registration statements relying on Rule 430B or other than prospectuses filed in reliance on Rule 430A, shall be deemed to be part of and included in the registration

 

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statement as of the date it is first used after effectiveness. Provided, however, that no statement made in a registration statement or prospectus that is part of the registration statement or made in a document incorporated or deemed incorporated by reference into the registration statement or prospectus that is part of the registration statement will, as to a purchaser with a time of contract of sale prior to such first use, supersede or modify any statement that was made in the registration statement or prospectus that was part of the registration statement or made in any such document immediately prior to such date of first use.

 

  (e)   That, for the purpose of determining any liability under the Securities Act of 1933 to any purchaser in the initial distribution of the securities:

 

The undersigned registrants undertake that in a primary offering of securities of the undersigned registrants pursuant to this registration statement, regardless of the underwriting method used to sell the securities to the purchaser, if the securities are offered or sold to such purchaser by means of any of the following communications, the undersigned registrants will be sellers to the purchaser and will be considered to offer or sell such securities to such purchaser;

 

  (i)   Any preliminary prospectus or prospectus of the undersigned registrants relating to the offering required to be filed pursuant to Rule 424;

 

  (ii)   Any free writing prospectus relating to the offering prepared by or on behalf of the undersigned registrants or used or referred to by the undersigned registrants;

 

  (iii)   The portion of any other free writing prospectus relating to the offering containing material information about the undersigned registrants or their securities provided by or on behalf of the undersigned registrants; and

 

  (iv)   Any other communication that is an offer in the offering made by the undersigned registrants to the purchaser.

 

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CONTENTS

 

This Registration Statement is comprised of:

 

  (1)   Facing Sheet.

 

  (2)   Explanatory Note.

 

  (3)   Part I, consisting of the Prospectus.

 

  (4)   Part II, consisting of pages II-1 to II-9.

 

  (5)   The following Exhibits:

 

A-1    -    Form of Underwriting Agreement Standard Terms, incorporated herein by reference to Exhibit A-1 to the Registration Statement of The Export-Import Bank of Korea (No. 33-41654).
B-1    -    Form of Fiscal Agency Agreement, including forms of Debt Securities, incorporated herein by reference to Exhibit B-1 to the Registration Statement of The Export-Import Bank of Korea (No. 33-41654).
B-2    -    Form of global Debt Security that bears interest at a fixed rate, incorporated herein by reference to Exhibit B-2 to the Registration Statement of The Export-Import Bank of Korea (No. 33-41654).
B-3    -    Letter of successor Fiscal Agent, incorporated herein by reference to Exhibit B-3 to the Registration Statement of The Export-Import Bank of Korea (No. 33-41654).
B-4    -    Letter of 2nd successor Fiscal Agent, incorporated herein by reference to Exhibit B-4 to the Registration Statement of The Export-Import Bank of Korea (No. 333-9564).
B-5    -    Letter of 3rd successor Fiscal Agent, incorporated herein by reference to Exhibit B-5 to the Registration Statement of The Export-Import Bank of Korea (No. 333-136378).
B-6    -    Rules for the State Guarantee of External Debt of Korean Banks.
B-7    -    Form of Guarantee to be issued by The Republic of Korea, including form of demand for guarantee payment.
C    -    Form of Warrant Agreement, including form of Warrants.*
D-1    -    Consent of the Executive Director and Member of Board of Directors of The Export-Import Bank of Korea (included on page II-5).
D-2    -    Power of Attorney of the Executive Director and Member of Board of Directors of The Export-Import Bank of Korea.
E-1    -    Consent of the Minister of Strategy and Finance of The Republic of Korea (included on Page II-6).
E-2    -    Power of Attorney of the Minister of Strategy and Finance of The Republic of Korea.
F    -    Consent of Deloitte Anjin LLC (member of Deloitte Touche Tohmatsu).
G-1    -    Letter appointing certain persons as authorized agents of The Export-Import Bank of Korea in the United States.

 

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G-2    -    Letter appointing Authorized Agents of The Republic of Korea in the United States (included in Exhibit E-2).
H    -    The Export-Import Bank of Korea Act.
I    -    The Enforcement Decree of The Export-Import Bank of Korea Act.
J    -    The Articles of Incorporation of The Export-Import Bank of Korea.
K    -    Form of Prospectus Supplement relating to The Export-Import Bank of Korea’s Medium-Term Notes, Series A, Due Not Less Than Nine Months From Date of Issue (the “MTNs”), incorporated herein by reference to Exhibit K to the Registration Statement of The Export-Import Bank of Korea (No.33-41654).
L    -    Form of Distribution Agreement between The Export-Import Bank of Korea and the Agents named therein relating to the offer and sale from time to time of the MTNs, incorporated herein by reference to Exhibit L to the Registration Statement of The Export-Import Bank of Korea (No.33-41654).
M-1    -    Opinion (including consent) of Cleary Gottlieb Steen & Hamilton LLP, 39th Floor, Bank of China Tower, One Garden Road, Hong Kong, United States counsel to the Export-Import Bank of Korea, in respect of the legality of the Debt Securities (with or without Warrants).
M-2    -    Opinion (including consent) of LEX Professional Corporation, 15th Floor, Opulence Building, 1553-5 Seocho-dong, Seocho-gu, Seoul, The Republic of Korea, Korean counsel to the Export-Import Bank of Korea, in respect of the legality of the Debt Securities (with or without Warrants) and Guarantees to be issued by The Republic of Korea.
N-1    -    Form of the MTNs that bears interest at a fixed rate, incorporated herein by reference to Exhibit N-1 to the Registration Statement of The Export-Import Bank of Korea (No.33-41654).
N-2    -    Form of the MTNs that bears interest at a floating rate, incorporated herein by reference to Exhibit N-2 to the Registration Statement of The Export-Import Bank of Korea (No.33-41654).
O    -    Form of Calculation Agency Agreement between The Export-Import Bank of Korea and the calculation agent named therein relating to the MTNs that bear interest at a floating rate, incorporated herein by reference to Exhibit O to the Registration Statement of The Export-Import Bank of Korea (No.33-41654).

 

*   May be filed by amendment.

 

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SIGNATURE OF THE EXPORT-IMPORT BANK OF KOREA

 

Pursuant to the requirements of the Securities Act of 1933, as amended, The Export-Import Bank of Korea has duly caused this Registration Statement or amendment thereto to be signed on its behalf by the undersigned, thereunto duly authorized, in Seoul, The Republic of Korea, on the 17th day of December, 2008.

 

THE EXPORT-IMPORT BANK OF KOREA

By:

  JIN-KYUNG KIM*†
  Executive Director and Member of Board of Directors

†By:

 

/s/    WI-TAIK CHO        

 

Wi-taik Cho

(Attorney-in-fact)

 

*   Consent is hereby given to use of his name in connection with the information specified in this Registration Statement or amendment thereto to have been supplied by him and stated on his authority.

 

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SIGNATURE OF THE REPUBLIC OF KOREA

 

Pursuant to the requirements of the Securities Act of 1933, as amended, The Republic of Korea has duly caused this Registration Statement or amendment thereto to be signed on its behalf by the undersigned, thereunto duly authorized, in The City of New York, New York, on the 17th day of December, 2008.

 

THE REPUBLIC OF KOREA

By:

  MAN-SOO KANG*†
  Minister of Strategy and Finance

†By:

 

/s/    YEO-KWON YOON          

  Yeo-kwon Yoon
  (Attorney-in-fact)

 

*   Consent is hereby given to use of his name in connection with the information specified in this Registration Statement or amendment thereto to have been supplied by him and stated on his authority.

 

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SIGNATURE OF AUTHORIZED REPRESENTATIVE

OF THE EXPORT-IMPORT BANK OF KOREA

 

Pursuant to the Securities Act of 1933, as amended, the undersigned, a duly authorized representative in the United States of The Export-Import Bank of Korea, has signed this Registration Statement or amendment thereto in The City of New York, New York, on the 17th day of December, 2008.

 

†By:

 

/s/     JOO-SHIK KONG        

  Joo-shik Kong
  New York Representative Office
  The Export-Import Bank of Korea

 

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SIGNATURE OF AUTHORIZED REPRESENTATIVE OF THE EXPORT-IMPORT BANK OF KOREA

 

Pursuant to the Securities Act of 1933, as amended, the undersigned, a duly authorized representative in the United States of The Export-Import Bank of Korea, has signed this Registration Statement or amendment thereto in The City of New York, New York, on the 17th day of December, 2008.

 

†By:

 

/s/    YEONG-HEE LEE        

  Yeong-hee Lee
  New York Representative Office
  The Export-Import Bank of Korea

 

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SIGNATURE OF AUTHORIZED REPRESENTATIVE OF THE REPUBLIC OF KOREA

 

Pursuant to the Securities Act of 1933, as amended, the undersigned, a duly authorized representative in the United States of The Republic of Korea, has signed this Registration Statement or amendment thereto in The City of New York, New York, on the 17th day of December, 2008.

 

†By:

 

/s/    YEO-KWON YOON        

  Yeo-kwon Yoon
  Financial Attaché
  Korean Consulate General in New York

 

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EXHIBIT INDEX

 

Exhibit

            Page
A-1   -    Form of Underwriting Agreement Standard Terms, incorporated herein by reference to Exhibit A-1 to the Registration Statement of The Export-Import Bank of Korea (No. 33-41654).   
B-1   -    Form of Fiscal Agency Agreement, including forms of Debt Securities, incorporated herein by reference to Exhibit B-1 to the Registration Statement of The Export-Import Bank of Korea (No. 33-41654).   
B-2   -    Form of global Debt Security that bears interest at a fixed rate, incorporated herein by reference to Exhibit B-2 to the Registration Statement of The Export-Import Bank of Korea (No. 33-41654).   
B-3   -    Letter of successor Fiscal Agent, incorporated herein by reference to Exhibit B-3 to the Registration Statement of The Export-Import Bank of Korea (No. 33-41654).   
B-4   -    Letter of 2nd successor Fiscal Agent, incorporated herein by reference to Exhibit B-4 to the Registration Statement of The Export-Import Bank of Korea (No. 333-9564).   
B-5   -    Letter of 3rd successor Fiscal Agent, incorporated herein by reference to Exhibit B-5 to the Registration Statement of The Export-Import Bank of Korea (No. 333-136378).   
B-6   -    Rules for the State Guarantee of External Debt of Korean Banks.   
B-7   -    Form of Guarantee to be issued by The Republic of Korea, including form of demand for guarantee payment.   
C   -    Form of Warrant Agreement, including form of Warrants.*   
D-1   -    Consent of the Executive Director and Member of Board of Directors of The Export-Import Bank of Korea (included on page II-5).   
D-2   -    Power of Attorney of the Executive Director and Member of Board of Directors of The Export-Import Bank of Korea.   
E-1   -    Consent of the Minister of Strategy and Finance of The Republic of Korea (included on Page II-6).   
E-2   -    Power of Attorney of the Minister of Strategy and Finance of The Republic of Korea.   
F   -    Consent of Deloitte Anjin LLC (member of Deloitte Touche Tohmatsu).   
G-1   -    Letter appointing certain persons as authorized agents of The Export-Import Bank of Korea in the United States.   
G-2   -    Letter appointing Authorized Agents of The Republic of Korea in the United States (included in Exhibit E-2).   
H   -    The Export-Import Bank of Korea Act.   
I   -    The Enforcement Decree of The Export-Import Bank of Korea Act.   


Table of Contents

Exhibit

            Page
J   -    The Articles of Incorporation of The Export-Import Bank of Korea.   
K   -    Form of Prospectus Supplement relating to The Export-Import Bank of Korea’s Medium-Term Notes, Series A, Due Not Less Than Nine Months From Date of Issue (the “MTNs”), incorporated herein by reference to Exhibit K to the Registration Statement of The Export-Import Bank of Korea (No.33-41654).   
L   -    Form of Distribution Agreement between The Export-Import Bank of Korea and the Agents named therein relating to the offer and sale from time to time of the MTNs, incorporated herein by reference to Exhibit L to the Registration Statement of The Export-Import Bank of Korea (No.33-41654).   
M-1   -    Opinion (including consent) of Cleary Gottlieb Steen & Hamilton LLP, 39th Floor, Bank of China Tower, One Garden Road, Hong Kong, United States counsel to the Export-Import Bank of Korea, in respect of the legality of the Debt Securities (with or without Warrants).   
M-2   -    Opinion (including consent) of LEX Professional Corporation, 15th Floor, Opulence Building, 1553-5 Seocho-dong, Seocho-gu, Seoul, The Republic of Korea, Korean counsel to the Export-Import Bank of Korea, in respect of the legality of the Debt Securities (with or without Warrants) and the Guarantees to be issued by The Republic of Korea.   
N-1   -    Form of the MTNs that bears interest at a fixed rate, incorporated herein by reference to Exhibit N-1 to the Registration Statement of The Export-Import Bank of Korea (No.33-41654).   
N-2   -
   Form of the MTNs that bears interest at a floating rate, incorporated herein by reference to Exhibit N-2 to the Registration Statement of The Export-Import Bank of Korea (No.33-41654).   
O   -    Form of Calculation Agency Agreement between The Export-Import Bank of Korea and the calculation agent named therein relating to the MTNs that bear interest at a floating rate, incorporated herein by reference to Exhibit O to the Registration Statement of The Export-Import Bank of Korea (No.33-41654).   

 

*   May be filed by amendment.
EX-99.(B-6) 2 dex99b6.htm RULES FOR THE STATE GUARANTEE OF EXTERNAL DEBT OF KOREAN BANKS Rules for the State Guarantee of External Debt of Korean Banks

Exhibit B-6

 

<Disclaimer>

Only the Rules in Korean are official. This English translation of the Rules is not official and is provided for informational purpose only. The Ministry of Strategy and Finance is not responsible for the correctness of this English translation, and the reader is advised to refer to the original documents in Korean. If this English translation is different from or inconsistent with the original Korean documents, the original Korean documents shall be controlling.

 

Rules for the State Guarantee of External Debt of Korean Banks (the “Rules”)

 

Article 1 (Purpose)

 

The purpose of these Rules is to set forth the scope of eligible debt, the scope of the guarantee, the procedures for the guarantee and other details of the state guarantee program pursuant to the “Approval of the State Guarantee of the Foreign Currency Debt of Domestic Banks owed to Non-Residents” passed by the National Assembly (the “Program,” and the state guarantee under such Program, the “State Guarantee”), in accordance with the National Finance Act, Enforcement Decree of the National Finance Act and the Rules for the Management of State Guarantees.

 

Article 2 (Definitions)

 

  (1)   Domestic Bank” means any of the following banks: (i) Kookmin Bank, Shinhan Bank, Woori Bank, Hana Bank, Korea Exchange Bank, Citibank Korea, Standard Chartered First Bank Korea, Pusan Bank, Daegu Bank, Kwang Ju Bank, Kyongnam Bank, Jeonbuk Bank and Jeju Bank, each established under the Banking Act; (ii) the Korea Development Bank established under the Korea Development Bank Act; (iii) Industrial Bank of Korea established under the Industrial Bank of Korea Act; (iv) the Export-Import Bank of Korea established under the Export-Import Bank of Korea Act; (v) National Agricultural Cooperative Federation established under the Agricultural Cooperatives Act; and (vi) National Federation of Fisheries Cooperatives established under the Fisheries Cooperatives Act. “Domestic Bank” includes foreign branches of a Domestic Bank.

 

  (2)   Non-resident” means “non-resident” (including branches of foreign banks located in Korea) as defined in Article 3, Paragraph 1, Subparagraph 13 of the Foreign Exchange Transactions Act.

 

  (3)   Guarantee Obligation” means the obligation of the Republic of Korea (the “Republic”) incurred as a result of the State Guarantee of the Eligible Foreign Currency Debt as defined in Article 3 of the Rules.

 

Article 3 (Eligible Debt)

 

Debt denominated in foreign currency, issued or borrowed (including extensions of maturity) by a Domestic Bank between October 20, 2008 and June 30, 2009 and owed to a Non-resident (the “Eligible Foreign Currency Debt”) will be eligible for the State Guarantee. Foreign currency deposits and subordinated debt shall not be eligible for the State Guarantee.


Article 4 (Maximum Amount of Guarantee)

 

  (1)   The Minister of Strategy and Finance may issue the State Guarantee for the Eligible Foreign Currency Debt of Domestic Banks up to the aggregate maximum outstanding amount of US$100 billion or the equivalent thereto (the “Aggregate Maximum Guarantee Amount”).

 

  (2)   The Minister of Strategy and Finance shall ensure that the outstanding guarantee amount for each Domestic Bank shall not exceed the applicable limit for such Domestic Bank as set forth in Schedule 1 hereto (the “Individual Maximum Guarantee Amount”); provided, however, that the Minister of Strategy and Finance may adjust the Individual Maximum Guarantee Amount for Domestic Banks if such adjustment is deemed necessary after consideration of domestic and foreign financial and currency market conditions, performance of covenants by Domestic Banks as set forth in the applicable Guarantee Approval Notices issued pursuant to Article 3 of the Rules for the Management of State Guarantees and other relevant factors; provided further that the aggregate outstanding amount of State Guarantee for all Domestic Banks shall not exceed the Aggregate Maximum Guarantee Amount after such adjustment.

 

  (3)   For purposes of determining whether the outstanding amount of guarantees does not exceed the Aggregate Maximum Guarantee Amount and Individual Maximum Guarantee Amount as set forth in Paragraphs (1) and (2) above, respectively, the aggregate outstanding guarantee amount for all Domestic Banks and the outstanding guarantee amount for each Domestic Bank shall be calculated based on the daily balance of the sum of the principal amount of Guaranteed Debt (as defined below) and accrued interest (including any default interest and related expenses) on such principal amount.

 

Article 5 (Term of the Guarantee)

 

  (1)   The Minister of Strategy and Finance can set the term of the State Guarantee, which shall be within three years from the original effective date of the Eligible Foreign Currency Debt (in case of an extension of maturity, the effective date of such extension).

 

  (2)   The State Guarantee shall be effective only as to the payment obligations under the Guaranteed Debt that are payable (at maturity, on scheduled payment dates, by acceleration or otherwise) on or before June 30, 2012.

 

Article 6 (Application for the Guarantee)

 

  (1)   A Domestic Bank applying for the State Guarantee (the “Applicant”) can apply for the State Guarantee within the Individual Maximum Guarantee Amount applicable to such Applicant.

 

 

(2)

 

In order to apply for the State Guarantee in accordance with Paragraph (1) above, the Applicant shall complete the “Application for Guarantee Approval (Single Debt)” in the form attached hereto as Form 1 and submit it to the Minister of Strategy and Finance; provided, however, that the Applicant may complete and submit the “Monthly Application for Guarantee Approval” in the form attached hereto as Form 2 for applications relating to short-term loans, overnight loans, commercial paper and other debt that are determined to be not suitable for single-debt application (A Monthly Application for Guarantee Approval for any month shall be submitted no later than the 25th day of the preceding month; provided, however, that the Minister of Strategy and Finance may set a different due date for the first Monthly Application for Guarantee Approval).

 

  (3)  

The Applicant shall attach a review opinion of the Chairman of the Financial Services Commission to the application made in accordance with Paragraph (2) above. If deemed


 

necessary, the Minister of Strategy and Finance may require submission of a legal opinion in respect of the eligibility of the debt under the Rules or other relevant matters.

 

Article 7 (Approval of the Guarantee)

 

  (1)   If an application is submitted pursuant to Article 6 hereof with respect to an Eligible Foreign Currency Debt, the Minister of Strategy and Finance may approve the State Guarantee for such debt (such debt, when approved, shall be referred to as the “Guaranteed Debt”) if it determines it is appropriate to approve such State Guarantee after reviewing the identity of the creditor or holder of the debt, the terms of the debt and other relevant factors.

 

  (2)   In the case where the Minister of Strategy and Finance approves the State Guarantee, it shall issue a “Guarantee Approval Certificate (Single Debt)” in the form attached hereto as Form 3 for single-debt applications and a “Monthly Guarantee Approval Certificate” in the form attached hereto as Form 4 for monthly applications; provided that if there exist extraordinary circumstances that make either Form 3 or Form 4 inappropriate, a different form may be used or a modification can be made to Form 3 or Form 4 as appropriate.

 

  (3)   The Applicant may enter into an agreement relating to the issuance or incurrence of the Guaranteed Debt (a “Debt Agreement”) only after it has received a Guarantee Approval Certificate in accordance with Paragraph (2) above. Except for extraordinary circumstances, the Applicant must enter into such Debt Agreement within 90 days after the receipt of a Guarantee Approval Certificate (in case of a single-debt application) or within the month prescribed in a Monthly Guarantee Approval Certificate (in case of a monthly application). Except for under extraordinary circumstances, the Applicant shall ensure that the Debt Agreement does not provide for an event of default constituted by cross-default or cross-acceleration.

 

  (4)   The State Guarantee shall become effective at the time the underlying Guaranteed Debt becomes effective in accordance with the relevant Debt Agreement.

 

  (5)   The Applicant shall promptly notify the Fee Collection Agent (as defined in Article 13 hereof) of the execution of a Debt Agreement under Paragraph (3) above.

 

Article 8 (Demand for Payment under the Guarantee)

 

The creditor or holder of the Guaranteed Debt may demand the performance by the Republic of its Guarantee Obligation if the Applicant whose application for State Guarantee has been approved (the “Obligor”) defaults under the Guaranteed Debt. Such demand by the creditor or holder of the Guaranteed Debt must be in writing and made in the form attached hereto as Form 5 (if such demand is made in English, it must contain substantially the same content as Form 5). A demand for payment that is not made in the form of Form 5 shall be void.

 

Article 9 (Management and Supervision of Guaranteed Debt)

 

  (1)   The Obligor shall prepare a daily status report in the form attached hereto as Form 6 and submit it to the Minister of Strategy and Finance. The Minister of Strategy and Finance may permit an appropriate amendment to Form 6 if it deems necessary.

 

  (2)   The Obligor must promptly notify the Minister of Strategy and Finance of the occurrence of any of the following events: (i) any modification of the terms, performance or termination of the Guaranteed Debt; (ii) an event of default with respect to the Guaranteed Debt or any other liability of the Obligor; or (iii) any other event that may have a material effect on the Guarantee Obligation of the Republic.


  (3)   If the Minister of Strategy and Finance determines it is necessary in order to manage the Guarantee Obligations, including when a guarantee payment by the Republic is considered probable, it may demand the Obligor to (i) provide collateral having a value exceeding a certain percentage of the outstanding Guaranteed Debt or (ii) set aside reserves in an amount exceeding a certain percentage of the outstanding Guaranteed Debt.

 

  (4)   The Minister of Strategy and Finance may demand the Obligor to provide relevant information and materials in order to manage the Guarantee Obligations and may conduct an on-site examination if necessary.

 

  (5)   Each Obligor must enter into a memorandum of understanding relating to, among others, the improvement of foreign currency operations with an institution designated by the Minister of Strategy and Finance.

 

  (6)   The Obligor must comply with any demand of the Minister of Strategy and Finance pursuant to Paragraphs (3), (4) or (5) unless extraordinary circumstances exist.

 

Article 10 (Subrogation)

 

  (1)   If the Republic pays a guaranteed amount under its Guarantee Obligation to a creditor or holder of Guaranteed Debt as a result of a default of an Obligor, such Obligor shall repay to the Republic within seven days of such guarantee payment by the Republic the sum of (i) the amount of guarantee payments made by the Republic and (ii) default interest or default compensation, if any, as provided under Paragraph (2) below, in a currency designated by the Minister of Strategy and Finance; provided that the Obligor may repay such sum in Korean Won, if approved by the Minister of Strategy and Finance, calculated based on the exchange rate determined pursuant to Article 12 hereof.

 

  (2)   The Obligor shall be required to pay default interest or default compensation on the amount of guarantee payments made by the Republic, calculated (i) at a rate equal to the interest rate on the Guaranteed Debt as of the date of guarantee payment made by the Republic plus 1% per annum, during the seven days from and excluding such date of guarantee payment, and (ii) thereafter, at a rate equal to the interest rate on the Guaranteed Debt as of such date of guarantee payment plus 3% per annum, in each case on the basis of a year of 365 days.

 

Article 11 (Guarantee Fees)

 

  (1)   The Obligor shall pay guarantee fees to the Minister of Strategy and Finance with respect to the outstanding balance of Guaranteed Debt for the period during which such Guaranteed Debt is outstanding.

 

  (2)   Guarantee fees shall be calculated by applying a rate of 1% per annum to the daily outstanding balance of Guaranteed Debt on the basis of a year of 360 days. The Obligor shall pay the guarantee fees for each quarter no later than the seventh business day after the end of such quarter (i.e., the end of March, June, September and December) in Korean Won calculated based on the exchange rate determined pursuant to Article 12 hereof. The Minister of Strategy and Finance may set different guarantee fee rates for different Obligors or adjust the guarantee fee rates depending upon market conditions, the financial condition of an Obligor, performance of covenants by an Obligor as set forth in the applicable Guarantee Approval Notice issued pursuant to Article 3 of the Rules for the Management of State Guarantees and other relevant factors. The Minister of Strategy and Finance shall notify the relevant Obligor of any change or adjustment of the guarantee fee rates in advance and such change or adjustment shall be effective from the date following such notification.


  (3)   If an Obligor fails to pay the guarantee fees by the due date in accordance with Paragraph (2) above, such Obligor shall pay default guarantee fees from the date following such due date, calculated at a rate equal to the guarantee fee rate provided in Paragraph (2) above plus 2% per annum and using the method as provided in Article 10, Paragraph (2) hereof.

 

Article 12 (Benchmark Currency and Applicable Exchange Rate)

 

The Guarantee Obligation shall be in the same currency as the currency in which the relevant Guaranteed Debt is denominated; provided that the outstanding balance of Guarantee Obligation (to be calculated in U.S. dollars) and the guarantee fees shall be calculated based on the applicable market average exchange rate as announced by the Seoul Money Brokerage Services Ltd. on the date of such calculation; provided, further, that the amount of guarantee payments, default interest and additional interest under Article 10 hereof, if paid in Korean Won, shall be calculated based on the applicable market average exchange rate as announced by the Seoul Money Brokerage Services Ltd. on the business day immediately preceding the date of such payment in Korean Won.

 

Article 13 (Delegation, Appointment of Agents)

 

  (1)   The Minister of Strategy and Finance may delegate a part of its responsibility under these Rules, including its responsibility under Article 9 hereof, to the Governor of Financial Supervisory Service.

 

  (2)   The Minister of Strategy and Finance may appoint an agent for the collection of guarantee fees (the “Fee Collection Agent”), legal counsel (whose responsibility may include the review of eligibility of an Applicant’s debt under these Rules) or an accountant. Additional fees and expenses incurred as a result of such appointment of an agent, legal counsel or an accountant shall be payable by the Obligors. Such additional fees and expenses shall be payable by the Obligor that has caused such fees and expenses to be incurred, unless otherwise provided by the Minister of Strategy and Finance. If multiple Obligors have caused additional fees and expenses to be incurred or it is difficult to specify the Obligor responsible for such fees and expenses, such fees and expenses shall be distributed among the relevant Obligors based on the Individual Maximum Guarantee Amount under Article 4 hereof or the average of the outstanding balance of Guaranteed Debt as of the end of the month preceding the date such fees or expenses are payable.

 

Supplementary Provisions

 

  (1)   These Rules shall be effective as of the date of official announcement.

 

  (2)   These Rules shall be posted on the website of the Ministry of Strategy and Finance (http://mosf.go.kr) and any amendment hereto shall be promptly posted on such website.

 

  (3)   Except as otherwise provided in these Rules, the Program shall be governed by the provisions of the National Finance Act, Enforcement Decree of the National Finance Act and the Rules for the Management of State Guarantees.


Form 1

 

Application for Guarantee Approval (Single Debt)

 

To: The Minister of Strategy and Finance

 

Reference is made to our “Application for State Guarantee” dated as of October 20, 2008 submitted pursuant to Article 2 of the Rules for the Management of State Guarantees. We hereby apply for the State Guarantee as follows:

 

Date:

 

Applicant:

 

Signed by:

 

 

 

Name:

 

Title:

 

Application for the Guarantee

-         Name of the Applicant:

-         Date of the Application:

-         Creditor:

-         Use of Proceeds:

Debt to be Guaranteed

  

-         Expected Terms of the Debt:

-         Principal Amount:

-         Maturity:

-         Type of Debt:

-         Expected Interest Rate:

-         Fees:

-         Underwriter or Arranger:

-         Expected Closing Date:

-         Other Material Agreements or Covenants:

  

-         Terms of the State Guarantee

-         Scope of the Guarantee:

-         Period of the Guarantee:

-         Other Terms:

Outstanding Balance of Guaranteed Debt issued by the Applicant

-         Total Individual Maximum Guarantee Amount applicable to the Applicant: US$            

-         Maximum Guarantee Amount available for Single-Debt Application and Current Outstanding Balance: US$            , US$             (            %)

-         Maximum Guarantee Amount available for Monthly Application and Current Outstanding Balance: US$            , US$             (            %)

 

*   If exhibits are attached, please complete a list of exhibits.


Form 2

 

Monthly Application for Guarantee Approval

 

To: The Minister of Strategy and Finance

 

Reference is made to our “Application for State Guarantee” dated as of October 20, 2008 submitted pursuant to Article 2 of the Rules for the Management of State Guarantees. We hereby apply for the State Guarantee of our Eligible Foreign Currency Debt to be issued during the month of              as follows:

 

Date:

 

Applicant:

 

Signed by:

 

 

 

Name:

Title:

 

    

Debt to be Guaranteed

   (Day 1-10)    (Day 11-20)    (Day 21-
Month’s
End)
   Total (Month)
          (in thousands of U.S. dollars)
Domestic Branches    Overnight Loan            
  

Short-term Debt

           
  

Foreign Currency CP

           
   Foreign Currency Repurchase Agreements            
  

Foreign Currency Bonds

           
  

Long-term Debt

           
  

Other Debt

           
  

Subtotal

           
Foreign Branches   

Overnight Loan

           
  

Short-term Debt

           
  

Foreign Currency CP

           
   Foreign Currency Repurchase Agreements            
  

Foreign Currency Bonds

           
  

Long-term Debt

           
  

Other Debt

           
  

Subtotal

           

Total

           

 

[Instructions]

(1)   This application should include foreign currency debt issued through money markets that cannot be approved for State Guarantee in advance.
(2)   Information should be updated as of the date of the application.
(3)   Eligible debt includes foreign currency debt (including loans and debt securities) owed to non-residents (including domestic branches of foreign banks; excluding foreign branches or foreign subsidiaries of domestic banks) at on-shore or off-shore accounts. Foreign currency deposits and subordinated debt are not eligible.


(4)   “Short-term Debt” means the following types of debt with a maturity of longer than one day among debt with the original maturity equal to or shorter than one year: foreign currency call loans, foreign currency overdrafts, mail credits, refinancing loans, bank loans, on-lend loans and usance-related loans.
(5)   “Long-term Debt” means a debt with the original maturity of more than one year.
(6)   “Other Debt” includes foreign currency debt borrowed through money markets that are not covered by other categories in the table above.
(7)   The Applicant should attach a day-to-day foreign currency debt service schedule.


Form 3

 

Guarantee Approval Certificate (Single Debt)

 

To: [                    ]

 

We hereby notify you of our approval of the State Guarantee requested by your application dated as of [                    ], in accordance with the provisions of the attached Guarantee.

 

Date:

Minister of Strategy and Finance [Official Seal]

 

Attachment: Guarantee

 

Guarantee

 

1. The Republic of Korea hereby irrevocably guarantees to the creditor or holder of the following Guaranteed Debt (the “Beneficiary”) the payment on such Guaranteed Debt, in accordance with Article 92 of the National Finance Act:

 

  (1)   Obligor: the Applicant;

 

  (2)   Details of the Guaranteed Debt: as specified in the “Application for Guarantee Approval (Single Debt)” dated as of [            ]; and

 

  (3)   Guaranteed Amount: principal amount of the Guaranteed Debt and accrued interest (including any default interest and related expenses) on such principal amount.

 

2. Demand for Payment under the Guarantee. The Beneficiary under this Guarantee can demand the payment of (i) the Guaranteed Amount, in the event and to the extent the Obligor fails to satisfy its payment obligations on a due date as required under the Guaranteed Debt, or (ii) the outstanding amount of the principal, together with the interest (including any default interest and related expenses) accrued or to be accrued until the date of actual payment by the guarantor, up to the Guaranteed Amount, in the event the Guaranteed Debt is accelerated as a result of the Obligor’s failure to comply with the covenants under the Guaranteed Debt, in each case by delivering this Guarantee (including documentary evidence to prove acceleration of the Guaranteed Debt in case of acceleration) to the Republic pursuant to Article 8 of the Rules for the State Guarantee of External Debt of Korean Banks. Upon such demand, the Republic shall promptly (after expiration of any applicable grace period) pay the Beneficiary such amount as demanded by the Beneficiary in accordance with the preceding sentence.

 

3. The obligation of the guarantor under this Guarantee shall terminate if the Guaranteed Debt has been varied, amended, waived, released, novated, supplemented, extended or restated in any respect without the prior written consent of the guarantor.

 

4. The obligation of the guarantor under this Guarantee shall become effective at the time the Guaranteed Debt becomes effective and terminate on [            ]. In any event, this Guarantee shall be effective only as to the payment obligations that are payable (at maturity, on scheduled payment dates, by acceleration or otherwise) on or before June 30, 2012 and only up to the sum of the principal and accrued interest (including default interest and related expenses) outstanding as of the date on which the payment obligations are due. The obligation of the guarantor under this Guarantee shall terminate unconditionally and irrevocably if the Beneficiary fails to make a demand for guarantee payment within three months after the final stated maturity of the Guaranteed Debt.


5. The guarantor may amend the terms of this Guarantee upon giving notice to the Obligor; provided, however, that such amendment may not adversely affect the interests of the Beneficiary unless such amendment is effected by a statute.

 

6. This guarantee is governed by, and shall be construed in accordance with, the laws of the Republic of Korea.

 

7. Terms used but not otherwise defined herein shall have the meanings assigned thereto in the “Rules for the State Guarantee of External Debt of Korean Banks” (as may be amended from time to time, the “Rules”). The Rules are posted on the website of the Ministry of Strategy and Finance (http://mosf.go.kr).

 

Dated:

Minister of Strategy and Finance [official seal]


Form 4

 

Monthly Guarantee Approval Certificate

 

To: [            ]

 

We hereby notify you of our approval of the State Guarantee requested by your application dated as of [            ], in accordance with the provisions of the attached Guarantee.

 

Date:

Minister of Strategy and Finance [Official Seal]

 

Attachment: Guarantee

 

Guarantee

 

1. The Republic of Korea hereby irrevocably guarantees to the creditor or holder of the following Guaranteed Debt (the “Beneficiary”) the payment on such Guaranteed Debt, in accordance with Article 92 of the National Finance Act:

 

  (1)   Obligor: the Applicant;

 

  (2)   Details of the Guaranteed Debt: as specified in the “Monthly Application for Guarantee Approval” dated as of [            ]; and

 

  (3)   Guaranteed Amount: principal amount of the Guaranteed Debt and accrued interest (including any default interest and related expenses) on such principal amount.

 

2. Demand for Payment under the Guarantee. The Beneficiary under this Guarantee can demand the payment of (i) the Guaranteed Amount, in the event and to the extent the Obligor fails to satisfy its payment obligations on a due date as required under the Guaranteed Debt, or (ii) the outstanding amount of the principal, together with the interest (including any default interest and related expenses) accrued or to be accrued until the date of actual payment by the guarantor, up to the Guaranteed Amount, in the event the Guaranteed Debt is accelerated as a result of the Obligor’s failure to comply with the covenants under the Guaranteed Debt, in each case by delivering this Guarantee (including documentary evidence to prove acceleration of the Guaranteed Debt in case of acceleration) to the Republic pursuant to Article 8 of the Rules for the State Guarantee of External Debt of Korean Banks. Upon such demand, the Republic shall promptly (after expiration of any applicable grace period) pay the Beneficiary such amount as demanded by the Beneficiary in accordance with the preceding sentence.

 

3. The obligation of the guarantor under this Guarantee shall terminate if the Guaranteed Debt has been varied, amended, waived, released, novated, supplemented, extended or restated in any respect without the prior written consent of the guarantor.

 

4. The obligation of the guarantor under this Guarantee shall become effective at the time the Guaranteed Debt becomes effective and shall terminate at the maturity of each Guaranteed Debt. In any event, this Guarantee shall be effective only as to the payment obligations that are payable (at maturity, on scheduled payment dates, by acceleration or otherwise) on or before June 30, 2012 and only up to the sum of the principal and accrued interest (including default interest and related


expenses) outstanding as of the date on which the payment obligations are due. The obligation of the guarantor under this Guarantee shall terminate unconditionally and irrevocably if the Beneficiary fails to make a demand for guarantee payment within three months after the final stated maturity of the Guaranteed Debt.

 

5. The guarantor may amend the terms of this Guarantee upon giving notice to the Obligor; provided, however, that such amendment may not adversely affect the interests of the Beneficiary unless such amendment is effected by a statute.

 

6. This guarantee is governed by, and shall be construed in accordance with, the laws of the Republic of Korea.

 

7. Terms used but not otherwise defined herein shall have the meanings assigned thereto in the “Rules for the State Guarantee of External Debt of Korean Banks” (as may be amended from time to time, the “Rules”). The Rules are posted on the website of the Ministry of Strategy and Finance (http://mosf.go.kr).

 

Dated:

Minister of Strategy and Finance [official seal]


Form 5

 

Demand for Guarantee Payment

 

To: Minister of Strategy and Finance

Copy to: [Director-General of Fiscal Policy Bureau]

Address: [Government Complex, Gwacheonsi, Gyonggido, Republic of Korea]

Fax: +82-2-503-9194

 

[Please insert information about the Obligor and the Guaranteed Debt]

 

1. We are [the holder] [the trustee for the holders] of the above-mentioned Guaranteed Debt.

 

2. [The due date, (after expiry of the applicable grace period (if any)), for the payment of [principal] [interest] to us under the above-mentioned Guaranteed Debt was [            ], but such payment has not been made to us.]1 We certify that we have validly demanded in writing payment of the amount of [            ] from the Obligor of the above-mentioned Guaranteed Debt and that the Obligor has failed to pay the amount demanded.

 

3. We hereby demand payment to us, in accordance with your guarantee with respect to the Guaranteed Debt described above, of an amount of [            ] that the Obligor has failed to pay under the Guaranteed Debt.

 

Signed by:

 

 

  Name:
  Title:

 

(1)   This sentence may be modified according to the types of default, such as a default in the payment of principal and interest at maturity, a default in the payment of interest or a default in the compliance with covenants.
EX-99.(B-7) 3 dex99b7.htm FORM OF GUARANTEE TO BE ISSUED BY THE REPUBLIC OF KOREA Form of Guarantee to be issued by The Republic of Korea

Exhibit B-7

 

Form of Guarantee

[Translation]

 

Guarantee

 

1. The Republic of Korea hereby irrevocably guarantees to the creditor or holder of the following Guaranteed Debt (the “Beneficiary”) the payment on such Guaranteed Debt, in accordance with Article 92 of the National Finance Act:

 

  (1)   Obligor: The Export-Import Bank of Korea;

 

  (2)   Details of the Guaranteed Debt: as specified in the “Application for Guarantee Approval (Single Debt)” dated as of [            ]; and

 

  (3)   Guaranteed Amount: principal amount of the Guaranteed Debt and accrued interest (including any default interest and related expenses) on such principal amount.

 

2. Demand for Payment under the Guarantee. The Beneficiary under this Guarantee can demand the payment of (i) the Guaranteed Amount, in the event and to the extent the Obligor fails to satisfy its payment obligations on a due date as required under the Guaranteed Debt, or (ii) the outstanding amount of the principal, together with the interest (including any default interest and related expenses) accrued or to be accrued until the date of actual payment by the guarantor, up to the Guaranteed Amount, in the event the Guaranteed Debt is accelerated as a result of the Obligor’s failure to comply with the covenants under the Guaranteed Debt, in each case by delivering this Guarantee (including documentary evidence to prove acceleration of the Guaranteed Debt in case of acceleration) to the Republic pursuant to Article 8 of the Rules for the State Guarantee of External Debt of Korean Banks. Upon such demand, the Republic shall promptly (after expiration of any applicable grace period) pay the Beneficiary such amount as demanded by the Beneficiary in accordance with the preceding sentence. A demand for payment must be in writing and made in the form attached hereto as Annex 1.

 

3. The obligation of the guarantor under this Guarantee shall terminate if the Guaranteed Debt has been varied, amended, waived, released, novated, supplemented, extended or restated in any respect without the prior written consent of the guarantor.

 

4. The obligation of the guarantor under this Guarantee shall become effective at the time the Guaranteed Debt becomes effective and terminate on [            ]. In any event, this Guarantee shall be effective only as to the payment obligations that are payable (at maturity, on scheduled payment dates, by acceleration or otherwise) on or before June 30, 2012 and only up to the sum of the principal and accrued interest (including default interest and related expenses) outstanding as of the date on which the payment obligations are due. The obligation of the guarantor under this Guarantee shall terminate unconditionally and irrevocably if the Beneficiary fails to make a demand for guarantee payment within three months after the final stated maturity of the Guaranteed Debt.

 

5. The guarantor may amend the terms of this Guarantee upon giving notice to the Obligor; provided, however, that such amendment may not adversely affect the interests of the Beneficiary unless such amendment is effected by a statute.

 

6. This guarantee is governed by, and shall be construed in accordance with, the laws of the Republic of Korea.


7. Terms used but not otherwise defined herein shall have the meanings assigned thereto in the “Rules for the State Guarantee of External Debt of Korean Banks” (as may be amended from time to time, the “Rules”). The Rules are posted on the website of the Ministry of Strategy and Finance (http://mosf.go.kr).

 

Dated:

Minister of Strategy and Finance [Official Seal]


Annex 1

 

Form of Demand for Guarantee Payment

 

To: Minister of Strategy and Finance

Copy to: [Director-General of Fiscal Policy Bureau]

Address: [Government Complex, Gwacheonsi, Gyonggido, Republic of Korea]

Fax: +82-2-503-9194

 

[Please insert information about the Obligor and the Guaranteed Debt]

 

1. We are [the holder] [the trustee for the holders] of the above-mentioned Guaranteed Debt.

 

2. [The due date, after expiry of the applicable grace period (if any), for the payment of [principal] [interest] to us under the above-mentioned Guaranteed Debt was [            ], but such payment has not been made to us.]1 We certify that we have validly demanded in writing payment of the amount of [            ] from the Obligor of the above-mentioned Guaranteed Debt and that the Obligor has failed to pay the amount demanded.

 

3. We hereby demand payment to us, in accordance with your guarantee with respect to the Guaranteed Debt described above, of an amount of [            ] that the Obligor has failed to pay under the Guaranteed Debt.

 

Signed by:  

 

  Name:
  Title:

 

(1)   This sentence may be modified according to the types of default, such as a default in the payment of principal and interest at maturity, a default in the payment of interest or a default in the compliance with covenants.
EX-99.(D-2) 4 dex99d2.htm POWER OF ATTORNEY OF THE EXECUTIVE DIRECTOR AND MEMBER OF BOARD OF DIRECTORS Power of Attorney of the Executive Director and Member of Board of Directors

Exhibit D-2

 

[KEXIM Letterhead]

 

POWER OF ATTORNEY

 

The undersigned, the duly appointed Executive Director and Member of Board of Directors of The Export-Import Bank of Korea (“KEXIM”), hereby constitutes and appoints; Mr. Sung-hwan Choi, Director General, Mr. Young-Soo Kim, Director of the International Finance Department, Mr. Wi-taik Cho, Director of the International Finance Department, Mr. Joo-shik Kong, Chief Representative, and Mr. Yeong-hee Lee, Representative of the New York Representative Office, and any other person acting in any such capacity and each of them (with full power of substitution), the agents and attorneys-in-fact of the undersigned Executive Director and Member of Board of Directors of KEXIM with full power in each of them acting alone to take the following actions on behalf of KEXIM and the undersigned Executive Director and Member of Board of Directors:

 

  1.   To sign a registration statement (the “Registration Statement”) under Schedule B of the United States Securities Act of 1933, as amended (the “Securities Act”), relating to the registration of debt securities consisting of debentures, notes and/or other evidence of indebtedness (the “Debt Securities”) with or without warrants (the “Warrants”) to purchase the Debt Securities to be issued from time to time by KEXIM and the guarantees of the Debt Securities to be issued from time to time by the Republic of Korea (the “Guarantees”) and one or more amendments to the Registration Statement (including, without limitation, pre-effective or post-effective amendments thereto and amendments or supplements to the prospectus contained therein), and any registration statement or amendment filed pursuant to Rule 462(b) under the Securities Act and to cause the same to be filed with or, where permitted, transmitted for filing to the United States Securities and Exchange Commission, together with such exhibits and other documents as may be necessary or appropriate;

 

  2.   To sign such applications, certificates, consents and other documents as may be necessary or appropriate from time to time in connection with the qualification of the Debt Securities, Warrants and Guarantees under the securities or Blue Sky laws of any of the states or other jurisdictions of the United States of America and to cause the same to be filed with the securities or Blue Sky commissions of such states or other jurisdictions; and

 

  3.   To sign such other documents (including, without limitation, one or more Underwriting Agreements, Distribution Agreements, Fiscal Agency Agreements, Warrant Agreements, Listing Applications, Paying Agency Agreements and Appointments of Process Agents relating to the Debt Securities or Warrants), to take such other actions and to do such other things as said agents and attorneys-in-fact or any of them, may deem necessary or appropriate, from time to time, in connection with the foregoing and in connection with the issuance and sale, from time to time, by KEXIM of the Debt Securities or Warrants.

 

IN WITNESS WHEREOF, the undersigned has executed this power of attorney on the 17th day of December 2008.

 

By

  /s/    JIN-KYUNG KIM        
 

Jin-kyung Kim

Executive Director and Member of Board of Directors

The Export-Import Bank of Korea

 
 
 
EX-99.(E-2) 5 dex99e2.htm POWER OF ATTORNEY OF THE MINISTER OF STRATEGY AND FINANCE Power of Attorney of the Minister of Strategy and Finance

Exhibit E-2

 

[Ministry of Strategy and Finance Letterhead]

 

POWER OF ATTORNEY

 

The undersigned, the duly appointed Minister of Strategy and Finance (the “Minister”) of the Republic of Korea (the “Republic”), in such capacity and on behalf of the Republic, hereby constitutes and appoints the Director General for International Finance of the Ministry of Strategy and Finance and Financial Attaché of Korean Consulate General in New York, and any other persons succeeding such persons in such offices, and each of them, with full power of substitution, true and lawful attorneys-in-fact and agents of the Republic and of the Minister, with full power in each of them acting alone to take the following actions on behalf of the Republic and the Minister:

 

  1.   To sign from time to time one or more registration statements (the “Registration Statements”) of The Export-Import Bank of Korea (the “KEXIM”), as Registrant, and The Republic of Korea, as Co-Registrant, under Schedule B of the United States Securities Act of 1933, as amended, relating to the registration of debt securities consisting of debentures, notes and/or other evidence of indebtedness (the “Debt Securities”) with or without warrants (the “Warrants”) to purchase the Debt Securities and the guarantees of the Debt Securities (the “Guarantees”), one or more amendments to such Registration Statements (including, without limitation, pre-effective or post-effective amendments thereto and amendments or supplements to the prospectuses contained therein), and to cause the same to be filed with or, where permitted, transmitted for filing to the United States Securities and Exchange Commission, together with such exhibits and other documents as may be necessary or appropriate;

 

  2.   To sign such applications, certificates, consents and other documents as may be necessary to appropriate from time to time in connection with the listing of any or all of the Debt Securities, Warrants and/or Guarantees, on one or more securities exchanges (including, without limitation, the Singapore Stock Exchange), and qualification of the Debt Securities, Warrants and Guarantees, under the securities or Blue Sky laws of any states or other jurisdictions of the United States of America and to cause the same to be filed with such securities exchanges or the securities or Blue Sky commissions of such states or other jurisdictions, as the case may be; and

 

  3.   To sign such other documents, take such other actions and do such other things as said agents and attorneys-in-fact, or any of them, may deem necessary or appropriate from time to time in connection with the foregoing and in connection with the issuance from time to time of by the Republic of the Guarantees and the issuance and/or sale from time to time by the KEXIM of the Debt Securities or Warrants.

 

The Minister hereby appoints and designates Yeo-kwon Yoon, Financial Attaché, Korean Consulate General in New York and any other persons succeeding such person in such offices, and each of them, the authorized representative of the Republic in the United States of America within the meaning of the United States Securities Act of 1933, as amended, and the persons duly authorized to receive communications and notices from the United States Securities and Exchange Commission with respect to the registration statements or amendments thereto.


The Minister hereby ratifies and confirms all that said representative, agents and attorneys-in-fact shall do or cause to be done by virtue hereof.

 

This power of attorney will be valid, notwithstanding the replacement or resignation of the Minister of any successor thereto.

 

IN WITNESS WHEREOF, the Minister has executed this power of attorney on the 17th day of December 2008.

 

By   /S/    MAN-SOO KANG        
 

Man-Soo Kang

Minister of Strategy and Finance

The Republic of Korea

 
 
EX-99.(F) 6 dex99f.htm CONSENT OF DELOITTE ANJIN LLC (MEMBER OF DELOITTE TOUCHE TOHMATSU) Consent of Deloitte Anjin LLC (member of Deloitte Touche Tohmatsu)

Exhibit F

 

[Deloitte Anjin LLC Letterhead]

 

To the Board of Directors

The Export-Import Bank of Korea

16-1 Yoido-Dong

Youngdungpo-Gu

Seoul, 150-996

Korea

 

CONSENT OF INDEPENDENT ACCOUNTANTS

 

We consent to the use in this Registration Statement on Schedule B of the United States Securities Act of 1933, as amended, of our reports dated February 25, 2008 relating to the financial statements of the Export-Import Bank of Korea appearing in the Prospectus, which is part of this Registration Statement. We also consent to the reference to us under the heading “Expert” in such Prospectus.

 

/s/    DELOITTE ANJIN LLC        

Deloitte Anjin LLC
(member of Deloitte Touche Tohmatsu)

 

Seoul, Korea

December 17, 2008

EX-99.(G-1) 7 dex99g1.htm LETTER APPOINTING CERTAIN PERSONS AS AUTHORIZED AGENTS IN THE UNITED STATES Letter appointing certain persons as authorized agents in the United States

Exhibit G-1

 

[KEXIM Letterhead]

 

December 17, 2008

 

Mr. Joo-shik Kong

Chief Representative

Mr. Yeong-hee Lee

Representative

New York Representative Office

The Export-Import Bank of Korea

460 Park Avenue, 8th floor

New York, New York 10022

United States of America

 

Dear Sirs:

 

I, Jin-kyung Kim, Executive Director and Member of Board of Directors of The Export-Import Bank of Korea (“KEXIM”), hereby appoint each of Joo-shik Kong, Chief Representative, Yeong-hee Lee, Representative, and any other person acting in such capacity, as authorized representatives of KEXIM in the United States of America for purposes of serving as attorneys-in-fact who are authorized to sign the Registration Statement under Schedule B of the United States Securities Act of 1933, as amended, to be filed with the United States Securities and Exchange Commission by KEXIM relating to the registration of up to US$5,000,000,000 aggregate principal amount of debt securities consisting of debentures, notes and/or other evidence of indebtedness (the “Debt Securities”) with or without warrants (the “Warrants”) to purchase the Debt Securities to be issued from time to time by KEXIM and the guarantees of the Debt Securities to be issued from time to time by the Republic of Korea and one or more amendments to the Registration Statement (including, without limitation, post-effective amendments thereto and amendments or supplements to the prospectus contained therein).

 

I, Jin-kyung Kim, Executive Director and Member of Board of Directors of KEXIM, hereby also appoint each of Joo-shik Kong, Chief Representative, Yeong-hee Lee, Representative, and any other person acting in such capacity, as the authorized agent of KEXIM upon whom process may be served in any suit, action or proceeding arising out of or based on (i) the Debt Securities or Warrants or (ii) any Fiscal Agency Agreement or Warrant Agreement relating to the Debt Securities or Warrants which may be instituted in any state or federal court in the City or New York by any holder of the Debt Securities or Warrants.

 

This appointment shall remain a valid instrument of authorization until such time as (i) all amounts due and to become due in respect of the Debt Securities shall have been paid in full and (ii) the Warrants shall have been exercised or shall have expired or otherwise been terminated in accordance with their terms.


THE EXPORT-IMPORT BANK OF KOREA

By

 

/s/    JIN-KYUNG KIM        

 

Jin-kyung Kim

Executive Director and Member of Board of Directors

The Export-Import Bank of Korea

 

Accepted and Acknowledged:

 

By

 

/s/    JOO-SHIK KONG        

 

Joo-shik Kong

Chief Representative

New York Representative Office

The Export-Import Bank of Korea

 

By

 

/s/    YEONG-HEE LEE        

 

Yeong-hee Lee

Representative

New York Representative Office

The Export-Import Bank of Korea

EX-99.(H) 8 dex99h.htm THE EXPORT-IMPORT BANK OF KOREA ACT The Export-Import Bank of Korea Act

Exhibit H

 

EXPORT-IMPORT BANK OF KOREA ACT

 

  Act No. 2122, Jul. 28, 1969
  Amended by Act No. 2736, Dec. 26, 1974
  Act No. 3022, Dec. 19, 1977
  Act No. 3879, Dec. 31, 1986
  Act No. 5454, Dec. 13, 1997
  Act No. 5505, Jan. 13, 1998
  Act No. 5560, Sep. 16, 1998
  Act No. 5982, May 24, 1999
  Act No. 6680, Mar. 30, 2002
  Act No. 6736, Dec. 5, 2002
  Act No. 7527, May 31, 2005
  Act No. 8841, Jan. 17, 2008
  Act No. 8852, Feb. 29, 2008
  Act No. 8863, Feb. 29, 2008

 

Article 1 (Purpose)

 

The purpose of this Act is to promote the sound development of the national economy and the economic cooperation with foreign countries by the incorporation of the Export-Import Bank of Korea to provide financial aid required for the import and export, overseas investment and the exploitation of overseas resources.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 2 (Character, etc.)

 

  (1)   The Export-Import Bank of Korea (hereinafter referred to as the “Export-Import Bank”) shall be a juristic person.

 

  (2)   The Export-Import Bank shall be operated as prescribed by this Act, the order issued thereunder and its articles of incorporation.

 

  (3)   The Bank of Korea Act and the Banking Act shall not apply to the Export-Import Bank.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 3 (Head Office, Branch, Sub-Branch and Agency)

 

  (1)   The Export-Import Bank shall have its head office in the Seoul Special Metropolitan City.

 

  (2)   The Export-Import Bank may have any branch, sub-branch or agency where necessary as prescribed by its articles of incorporation.

 

  [This   Article Wholly Amended by Act No. 8841, Jan. 17, 2008]


Article 4 (Capital)

 

The capital of the Export-Import Bank shall be four trillion won and shall be invested by the Government, the Bank of Korea, the Korea Development Bank, any financial institution under Article 2 (1) 2 of the Banking Act, any exporters’ association and any international financial organization, however, the time and method of the capital investment by the Government shall be prescribed by Presidential Decree.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 5 (Articles of Incorporation)

 

  (1)   The Export-Import Bank shall prescribe the following subparagraphs in the articles of incorporation:

 

  1.   Purpose;

 

  2.   Name;

 

  3.   Location of head office;

 

  4.   Matters concerning capital;

 

  5.   Matters concerning executive and staff;

 

  6.   Matters concerning operating committee;

 

  7.   Matters concerning operation of board of directors;

 

  8.   Matters concerning business and execution thereof;

 

  9.   Matters concerning accounting;

 

  10.   Method of public notice;

 

  11.   Matters concerning issuance of debenture; and

 

  12.   Other matters prescribed by Presidential Decree.

 

  (2)   The Export-Import Bank shall, if it intends to revise its articles of incorporation, obtain authorization from the Minister of Strategy and Finance through the resolution of the operating committee under Article 10. <Amended by Act No. 8852, Feb. 29, 2008>

 

  [This   Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 6 (Registration)

 

  (1)   The Export-Import Bank shall be registered in accordance with Presidential Decree.

 

  (2)   The Export-Import Bank shall be established by means of the registration of the incorporation at the seat of head office.

 

  (3)   With respect to the matters required to be registered pursuant to paragraph (1), the Export-Import Bank shall not oppose against the third party until they have been registered.

 

  [This   Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 7 (Prohibition of Use of Similar Name)

 

No person who is not the Export-Import Bank under this Act shall use the “Export-Import Bank of Korea” as its name or any other similar name.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]


Article 8 (Executive)

 

The Export-Import Bank shall have one president, one managing director, directors not more than five in number and one auditor as executives.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 9 (Duty of Executive)

 

  (1)   The president shall represent the Export-Import Bank and take the overall control of the operations of the Export-Import Bank.

 

  (2)   The managing director shall assist the president and, when the president can not perform his/her duties due to any inevitable reasons, he/she shall perform duties of the president on behalf of the president.

 

  (3)   The director shall assist the president and the managing director and take partial charge of the operations of the Export-Import Bank as prescribed by the articles of incorporation.

 

  (4)   When both the president and the managing director can not perform their duties due to any inevitable reasons, the director shall perform their duties on behalf of them in the order of precedence designated beforehand by the president.

 

  (5)   The auditor shall audit and inspect the operations and accounting of the Export-Import Bank.

 

  [This   Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 9-2 (Board of Directors)

 

  (1)   The Export-Import Bank shall have a board of directors.

 

  (2)   The board of directors shall be comprised of the president, the managing director, and directors, and shall resolve important matters concerning the operations of the Export-Import Bank.

 

  (3)   The president shall call the board of directors and shall become the chairperson of the board of directors.

 

  (4)   The board of directors shall open by the attendance of a majority of the constituent members of the board of directors and shall resolve by the affirmative vote of at least two thirds of constituent members present.

 

  (5)   The auditor may attend and state his/her opinion at the board of directors.

 

  [This   Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 10 (Operating Committee)

 

  (1)   The Export-Import Bank shall have an operating committee (here-in after referred to as the “Committee”).

 

  (2)   The Committee shall establish the basic policy concerning the operations and management of the Export-Import Bank within the scope provided for in this Act and the articles of incorporation.


  (3)   The Committee may establish the regulations necessary for the performance of the duties in paragraph (2).

 

  (4)   Matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Articles 10-2 through 10-5 Deleted. <by Act No. 3879, Dec. 31, 1986>

 

Article 10-6 (Exception to Power of Committee)

 

  (1)   When immediate action is required at the time of war, incident, or similar state of national emergency, the president may, if unable to call the Committee, take the necessary measures within the scope of authority of the Committee with approval of the Minister of Strategy and Finance. <Amended by Act No. 8852, Feb. 29, 2008>

 

  (2)   When the president has taken necessary measures referred to in paragraph (1), he/she shall call the Committee without delay and report the details thereof.

 

  (3)   The Committee may confirm, amend or suspend the measures referred to in paragraph (1).

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 11 (Appointment and Dismissal of Executive)

 

  (1)   The president shall be appointed and dismissed by the President of the Republic of Korea on the recommendation of the Minister of Strategy and Finance. <Amended by Act No. 8852, Feb. 29, 2008>

 

  (2)   The managing director and directors shall be appointed and dismissed by the Minister of Strategy and Finance on the recommendation of the president. <Amended by Act No. 8852, Feb. 29, 2008>

 

  (3)   The auditor shall be appointed and dismissed by the Minister of Strategy and Finance. <Amended by Act No. 8852, Feb. 29, 2008>

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 12 (Term of Office of Executive)

 

  (1)   The term of office of the executive shall three years and he/she may be reappointed.

 

  (2)   If the position of an executive becomes vacant, a new executive shall be appointed and his/her term of office shall be the term under paragraph (1).

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 13 (Restriction of Concurrent Offices)

 

The executive shall not be engaged in any other occupation other than a case where he/she has been granted permit from the Minister of Strategy and Finance. <Amended by Act No. 8852, Feb. 29, 2008>

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]


Article 14 (Restriction on Power of Representation of Executive)

 

  (1)   The president, the managing director or any director shall not represent the Export-Import Bank concerning the matters in which interests of the president, the managing director, or the director conflict with those of the Export-Import Bank.

 

  (2)   If there is no other executive representing the Export-Import Bank in the event of paragraph (1), the auditor shall represent the Export-Import Bank.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 15 (Appointment of Attorney)

 

The president may, as prescribed by the articles of incorporation, appoint attorney among the executives or the staff who is empowered to exercise all judicial or non-judicial actions concerning the operations of the Export-Import Bank.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 16 (Appointment and Dismissal of Staff)

 

The staff of the Export-Import Bank shall be appointed and dismissed by the president.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 17 (Responsibilities of Executive)

 

The executive of the Export-Import Bank shall be regarded as public official in the event of applying the penal provisions under the Criminal Act and other Acts.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 18 (Operations)

 

  (1)   The Export-Import Bank shall perform the operations of the following subparagraphs in order to achieve the purpose under Article 1:

 

  1.   Loan of the funds necessary to promote the export of commodities, services (including overseas construction works) or intangible articles in the electronic form (hereinafter referred to as the “commodities, etc.”) to Korean nationals (including juristic persons incorporated under the Acts of the Republic of Korea; hereinafter the same shall apply) or discount of bills issued for this reason against other financial institutions;

 

  2.   Loan of the funds necessary to promote the import of commodities, etc. from the Republic of Korea to foreign governments (including agencies of foreign governments and local public entities of foreign countries; hereinafter the same shall apply) or foreigners (including juristic persons incorporated under Acts of foreign countries; hereinafter the same shall apply);

 

  3.   Loan of the funds for import of principal resources (hereinafter referred to as “principal resources”) and commodities, etc. very important to the national economy or for advance payment of import charge necessary for facilitating the import to nationals of the Republic of Korea or discount of bills issued for this reason against other financial institutions;


  4.   Loan of the funds necessary for new installation, expansion or operation of the facilities (including ships and vehicles; hereinafter the same shall apply) of the business which nationals of the Republic of Korea operate in foreign countries;

 

  5.   Loan of the funds to nationals of the Republic of Korea for overseas investments prescribed by Presidential Decree and for leasing the facilities to foreign countries or foreigners;

 

  6.   Loan of the funds to foreign governments or foreigners necessary for their direct investment or their loan to the foreign juristic person in which nationals of the Republic of Korea make investment (including the acquisition of stocks; hereinafter the same shall apply);

 

  7.   Loan of the long-term funds to foreign juristic persons necessary for the business operated in foreign countries by foreign juristic persons in which nationals of the Republic of Korea have made investment;

 

  8.   Loan of the funds to the relevant foreign governments or foreign financial institutions to facilitate the fulfillment of obligation in cases where a person who imported commodities, etc. from the Republic of Korea is seriously difficult to fulfill the obligation caused by this import to nationals of the Republic of Korea from the view point of the balance of international payments of the country he/she is residing;

 

  9.   Loan of the funds to support overseas trade similar to other import and export, overseas investment or exploitation of overseas resources prescribed by Presidential Decree;

 

  10.   Debt guarantee in cases where nationals of the Republic of Korea who can get the loan of funds under the provisions of subparagraphs 1, and 3 through 5, get the loan from other financial institutions;

 

  11.   Debt guarantee in cases where foreign governments, foreign institutional institutions or foreigners who can get the loan of funds under the provisions of subparagraphs 2, and 6 through 9, get the loan from other financial institutions;

 

  12.   Foreign exchange business; and

 

  13.   Business entrusted by the Government.

 

  (2)   The debt guarantee under paragraph (1) 11 shall be limited to the debt guarantee for the transactions prescribed by Presidential Decree in consideration of the amount of loan and guarantee which the Export-Import Bank provides the relevant overseas governments, overseas financial institutions or foreigners, percentage of the amount of loan held in the total amount of loan and guarantee, guarantee limit of the Export-Import Bank and support limit of export insurance under the Export Insurance Act, or such.

 

  (3)   For the purpose of facilitating the exploitation of overseas principal resources and contributing to promotion of the overseas economic cooperation, the Export-Import Bank, through the resolution of the Committee, shall perform the operations in the following subparagraphs:

 

  1.   Loan of the funds necessary for advance preparations, investigation and acquisition of mining right or other rights for the operation of exploitation projects of principal resources, and other supporting funds for overseas investments to nationals of the Republic of Korea; and

 

  2.  

Loan of the funds to nationals of the Republic of Korea, foreign governments and foreigners necessary for the projects contributing the industrial development of the


 

specific regions abroad and acknowledged as very important to accelerate the promotion of the economic interchange with the Republic of Korea, or acquisition of debentures issued by the relevant foreign governments or foreigners for the raising of the long-term funds necessary for the projects;

 

  (4)   The Export-Import Bank may, with approval of the Minister of Strategy and Finance, perform the operations incidental to those in paragraphs (1) through (3). <Amended by Act No. 8852, Feb. 29, 2008>

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 19 (Borrowing of Funds)

 

The Export-Import Bank may borrow funds from the Government, the Bank of Korea, foreign governments, international financial organization, or domestic and overseas financial institutions in order to appropriate the revenue source of funds required for performance of the operations.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 20 (Export-Import Financial Debentures)

 

  (1)   The Export-Import Bank may issue export-import financial debentures as prescribed by Presidential Decree.

 

  (2)   The Government may guarantee the repayment of the principal and interest accrued therefrom for the export-import financial debentures.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 20-2 (Investment in Juristic Person)

 

The Export-Import Bank may make investment in a juristic person of the Republic of Korea or a foreign juristic person (including a foreign juristic person in which nationals of the Republic of Korea make investment) with approval of the Minister of Strategy and Finance in cases where falling under any of the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008>

 

  1.   Where it makes investment in connection with the loan or guarantee in a juristic person incorporated for the performance of the business becoming an object of the loan or guarantee under the provisions of Article 18 (1) through (3);

 

  2.   Where it is necessary to have it render support to the investigation, research, etc. related to the operation under Article 18 or the fund raising operation under Articles 19 and 20; and

 

  3.   Where it makes investment under other Acts.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 21 (Application for Approval of Operational Plan)

 

  (1)   The Export-Import Bank shall draw out an operational plan each business year and submit it to the Minister of Strategy and Finance one month prior to commencement of the relevant business year and shall obtain the approval thereon. <Amended by Act No. 8852, Feb. 29, 2008>

 

  (2)   The operational plan referred to in paragraph (1) shall be divided into the funds supply plan under the provisions of Article 18 (1) through (3) and the funds raising plan under Articles 4, 19 and 20.


  (3)   Quarterly operation plans shall be attached to the operation plan referred to in paragraph (1).

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 22 Deleted. <by Act No. 5560, Sep. 16, 1998>

 

Article 23 (Limited Amount of Borrowed Funds, etc.)

 

The limited amount of funds borrowed or debentures issuable by the Export-Import Bank pursuant to Articles 19 and 20 shall be thirty times of the total amount of paid-in capital and reserve funds.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 24 (Prohibition of Competition with other Financial Institutions)

 

The Export-Import Bank shall not compete with other financial institutions in cases where it performs the operations under Article 18.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 25 (Restriction on Operations)

 

  (1)   When the Export-Import Bank loans the funds, discounts the bills, or guarantees the obligations under Article 18 (1) and (2), it shall make trustworthy and sufficient examination on the relevant repayment, payment or fulfillment of obligation.

 

  (2)   When the Export-Import Bank loans the funds, discounts the bills, or guarantees the obligations under Article 18 (1) and (2), it shall set the term for the relevant repayment, payment or fulfillment of obligations thirty years or less.

 

  (3)   The term of loans under Article 18 (3) shall be thirty years or less.

 

  (4)   The limited amount of loan under Article 18 (3) shall be the total amount of the amount invested by or borrowed from the Government, reserve and surplus.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 26 (Interest Rates on Loan and Discount, and Rate for Guaranteed Fee)

 

When the Export-Import Bank fixes the interest rates on loan and discount, and rate for guarantee fee under Article 18 (1) through (3), it shall fix those rates so that they can appropriate office operating expenses, commission for business agency, interest on loan, other miscellaneous expenses and depreciation of assets except the inevitable cases for the maintenance of international competitiveness for the promotion of export and for the promotion of overseas investment or exploitation of overseas resources.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 27 (Restriction on Ownership of Property)

 

The Export-Import Bank shall not own movable or immovable property unless such property is acquired due to it is necessary for the business, or taken over to receive repayment of obligation, or others necessary for performing the operations.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]


Article 28 (Vicarious Performance of Operations)

 

The Export-Import Bank may have other financial institution perform some of its operations on its behalf.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 29 (Operational Manual)

 

The Export-Import Bank shall draw out an operational manual prescribing the method of operations management with respect to loan of funds, discount of bills, or guarantee under Article 18 (1) through (3) and shall obtain approval of the Minister of Strategy and Finance through the resolution of the Committee. The same shall apply also when the Export-Import Bank intends to amend it. <Amended by Act No. 8852, Feb. 29, 2008>

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 30 Deleted. <by Act No. 6680, Mar. 30, 2002>

 

Article 31 (Business Year)

 

The business year of the Export-Import Bank shall comply with the fiscal year of the Government.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 32 (Budget)

 

The Export-Import Bank shall make up a budget of incomings and outgoings each business year, and submit it to the Minister of Strategy and Finance one month prior to the commencement of the relevant business year and shall obtain the approval thereon. <Amended by Act No. 8852, Feb. 29, 2008>

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 33 (Supplementary Revised Budget)

 

The Export-Import Bank may make up a supplementary revised budget if it is necessary to revise the budget due to reasons arisen after the budget has been established. In this case, it shall be approved by the Minister of Strategy and Finance. <Amended by Act No. 8852, Feb. 29, 2008>

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 34 (Reserve Funds)

 

  (1)   The Export-Import Bank may include reserve funds in the budget to appropriate unforeseeable expenditures beyond the budget or in excess of the budget.

 

  (2)   The Export-Import Bank shall obtain approval of the Minister of Strategy and Finance to use the reserve funds under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008>

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]


Article 35 (Settlement of Accounts)

 

The Export-Import Bank shall draw out a settlement of accounts within two months after the lapse of each business year and shall report it to the Minister of Strategy and Finance with the attached documents thereto prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 36 (Disposal of Profit)

 

The Export-Import Bank shall dispose of the net profit of final accounts in the order of the following subparagraphs after appropriating the depreciation of assets each business year: <Amended by Act No. 8852, Feb. 29, 2008>

 

  1.   The Export-Import Bank shall reserve 20/100 of the profit until the reserve reaches the total amount of capital;

 

  2.   The Export-Import Bank shall distribute the profit preferentially to investors other than the Government with approval of the Minister of Strategy and Finance as prescribed by Presidential Decree; and

 

  3.   The Export-Import Bank shall dispose of the remaining profit subtracting the reserve in subparagraph 1 and the dividend in subparagraph 2 with approval of the Minister of Strategy and Finance through the resolutions of the Committee.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 37 (Compensation for Amount of Loss)

 

The Export-Import Bank shall compensate for net loss of final accounts with the reserve each business year, and the Government shall compensate for the loss when the reserve is insufficient.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 38 (Use of Surplus Funds)

 

The Export-Import Bank may use surplus funds to the extent that it does not impede performance of the operations as prescribed in Article 18: Provided, That the Minister of Strategy and Finance may, if necessary, restrict the method of its use. <Amended by Act No. 8852, Feb. 29, 2008>

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 39 (Supervision)

 

  (1)   The Minister of Strategy and Finance shall supervise the operations of the Export-Import Bank as prescribed by this Act and may give order necessary for the supervision. <Amended by Act No. 8852, Feb. 29, 2008>

 

  (2)   Notwithstanding paragraph (1), the Financial Services Commission shall exercise supervision to secure the soundness of the business administration as prescribed by Presidential Decree and may give order necessary for the supervision. <Amended by Act No. 8863, Feb. 29, 2008>

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]


Article 40 (Reason for Dismissal of Executive)

 

  (1)   The President of the Republic of Korea may dismiss the president on the recommendation of the Minister of Strategy and Finance if the president falls under any of the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008>

 

  1.   If the president has violated this Act, any order under this Act, or the articles of incorporation;

 

  2.   If the president has been convicted in a criminal case;

 

  3.   If the president has been declared bankruptcy; and

 

  4.   If the president has become seriously difficult to perform his/her duties due to his/her physical or mental disabilities.

 

  (2)   If the managing director, any director, or the auditor of the Export-Import Bank falls under any subparagraph of paragraph (1), the Minister of Strategy and Finance may dismiss the executive concerned. <Amended by Act No. 8852, Feb. 29, 2008>

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 41 (Report and Inspection)

 

  (1)   The Minister of Strategy and Finance or the Financial Services Commission may, if necessary for performing the supervision under Article 39, order the Export-Import Bank to submit report, or have public officials assigned or employees of the Financial Supervisory Service inspect the operational status, books, documents, and other necessary matters of the Export-Import Bank. <Amended by Act Nos. 8852 & 8863, Feb. 29, 2008>

 

  (2)   The Minister of Strategy and Finance may entrust the inspection under paragraph (1) to the Governor of the Financial Supervisory Service. <Amended by Act No. 8852, Feb. 29, 2008>

 

  (3)   The Governor of the Financial Supervisory Service shall, when conducted the inspection by the trust under paragraph (2), report the result to the Minister of Strategy and Finance. <Amended by Act No. 8852, Feb. 29, 2008>

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 42 (Penal Provisions)

 

A person who has violated Article 7 shall be punished by a fine not exceeding five million won.

 

[This Article Wholly Amended by Act No. 8841, Jan. 17, 2008]

 

Article 43 Deleted. <by Act No. 8841, Jan. 17, 2008>

 

ADDENDA

 

Article 1 (Enforcement Date)

 

This Act shall enter into force on the date of its promulgation.

 

Article 2 (Organizing Members, etc.)

 

  (1)   The Minister of Finance shall appoint the organizing members to deal with matters pertaining to the establishment of the Export-Import Bank.


  (2)   The articles of incorporation of the Export-Import Bank shall be prepared by the organizing members and authorized by the Minister of Finance.

 

  (3)   Upon the completion of the first payment of the capital contribution by the Government, the organizing members shall register it without delay under Article 6.

 

  (4)   Upon the completion of the registration referred to in the preceding paragraph, the organizing members shall turn over operational matters to the president of the Export-Import Bank.

 

Article 3 (Delegation of Businesses before Establishment of Export-Import Bank)

 

  (1)   Before the establishment of the Export-Import Bank, Korea Exchange Bank shall conduct the business of the Export-Import Bank prescribed by this Act on behalf of the Export-Import Bank as determined by Presidential Decree. In this case, the provisions of Article 23 shall not be applicable to the delegated business.

 

  (2)   The Export-Import Bank shall, at the time of its establishment, take over its business previously delegated to the Korea Exchange Bank pursuant to paragraph (1) and all the rights and duties incurred from such business.

 

  (3)   The Export-Import Bank’s fund, received from the Government by the Korea Exchange Bank for the delegated business pursuant to paragraph (1) of this Article, shall be construed as the Government’s capital contribution to the Export-Import Bank at the time of its establishment: Provided, That the same shall not apply in the case of funds borrowed from the National Investment Fund.

 

[This Article Wholly Amended by Act No. 2736, Dec. 26, 1974]

 

ADDENDA <Act No. 2736, Dec. 26, 1974>

 

Article 1 (Enforcement Date)

 

This Act shall enter into force on the date of its promulgation.

 

Article 2 (Provisional Operating Committee)

 

  (1)   During the time when the Korea Exchange Bank carries out the delegated business of the Export-Import Bank, there shall be a Provisional Operating Committee in the Korea Exchange Bank.

 

  (2)   The Provisional Operating Committee shall formulate basic policy guidelines pertaining to the management of the business of the Export-Import Bank, which are delegated to the Korea Exchange Bank.

 

  (3)   The provisions of this Act stipulated for the Committee in the Export-Import Bank shall apply mutatis mutandis to the Provisional Operating Committee. In this case, the “president of the Korea Exchange Bank” shall be substituted for the “president of the Export-Import Bank” in Articles 10-2 (1) 5, 10-3 (1) and 10-6 (1) and (2).

 

ADDENDUM <Act No. 3022, Dec. 19, 1977>

 

This Act shall enter into force on the date of its promulgation.

 

ADDENDUM <Act No. 3879, Dec. 31, 1986>

 

This Act shall enter into force 30 days after the date of its promulgation.


ADDENDUM <Act No. 5454, Dec. 13, 1997>

 

This Act shall enter into force on January 1, 1998. (Proviso Omitted.)

 

ADDENDA <Act No. 5505, Jan. 13, 1998>

 

  (1)   (Enforcement Date) This Act shall enter into force on April 1, 1998: Provided, That <Omitted.> the amended provisions of the part concerning the increased amount of capital referred to in Article 4 and <Omitted.> of Article 23 shall enter into force on the date of its promulgation.

 

  (2)   (Transitional Measures on Dispositions) At the time of the entry into force of this Act, authorization or other actions taken by administrative agencies, or various reports or other actions submitted to administrative agencies under the previous provisions, shall be deemed to be actions taken by or submitted to administrative agencies under this Act.

 

  (3)   (Transitional Measures on Term of Office of Auditors) The term of auditors of the Technical Credit Guarantee Fund, Credit Guarantee Fund, Long-term Credit Bank and Export-Import Bank of Korea at the time of the entry into force of this Act shall be two years, notwithstanding the amended provisions.

 

  (4)   and (5) Omitted.

 

ADDENDUM <Act No. 5560, Sep. 16, 1998>

 

This Act shall enter into force on the date of its promulgation.

 

ADDENDA <Act No. 5982, May 24, 1999>

 

Article 1 (Enforcement Date)

 

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

 

Articles 2 through 6 Omitted.

 

ADDENDUM <Act No. 6680, Mar. 30, 2002>

 

This Act shall enter into force on the date of its promulgation.

 

ADDENDA <Act No. 6736, Dec. 5, 2002>

 

Article 1 (Enforcement Date)

 

This Act shall enter into force on the date of its promulgation.

 

Articles 2 through 4 Omitted.

 

ADDENDUM <Act No. 7527, May 31, 2005>

 

This Act shall enter into force three months after the date of its promulgation.

 

ADDENDUM <Act No. 8841, Jan. 17, 2008>

 

This Act shall enter into force three months after the date of its promulgation.


ADDENDA <Act No. 8852, Feb. 29, 2008>

 

Article 1 (Enforcement Date)

 

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

 

Articles 2 through 7 Omitted.

 

ADDENDA <Act No. 8863, Feb. 29, 2008>

 

Article 1 (Enforcement Date)

 

This Act shall enter into force on the date of its promulgation.

 

Articles 2 through 5 Omitted.

EX-99.(I) 9 dex99i.htm THE ENFORCEMENT DECREE OF THE EXPORT-IMPORT BANK OF KOREA ACT The Enforcement Decree of The Export-Import Bank of Korea Act

Exhibit I

 

ENFORCEMENT DECREE

OF THE EXPORT-IMPORT BANK

OF KOREA ACT

 

Presidential Decree No.4099, Oct. 6, 1969

 

Amended by Presidential Decree No.7561, Feb. 28, 1975

 

Presidential Decree No.12091, Mar. 9, 1987

 

Presidential Decree No.12603, Dec. 31, 1988

 

Presidential Decree No.13870, Mar. 6, 1993

 

Presidential Decree No.14438, Dec. 23, 1994

 

Presidential Decree No.15750, Apr. 1, 1998

 

Presidential Decree No.15904, Oct. 2, 1998

 

Presidential Decree No.16743, Mar. 4, 2000

 

Presidential Decree No.17020, Dec. 27, 2000

 

Presidential Decree No.18824, May13, 2005

 

Presidential Decree No.19422, Mar. 29, 2006

 

Presidential Decree No.19551, Jun. 29, 2006

 

Presidential Decree No.20720, Feb. 29, 2008

 

CHAPTER I. CAPITAL CONTRIBUTION

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 1 (Capital Contribution)

 

The government portion of the capital contribution prescribed in Article 4 of the Export-Import Bank of Korea Act (hereinafter referred to as the “Act”) shall be made in cash by annual installments: provided, however, that a part of the capital contribution may be made in kind, if necessary. <Amended by Presidential Decree No. 20827, June 20, 2008>

 

CHAPTER II. REGISTRATION

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 2 (Registration of Establishment)

 

The following matters shall be stated in the registration of establishment of the Export-Import Bank of Korea (hereinafter referred to as the “Export-Import Bank”) in accordance with Article 6 of the Act:

 

  1.   Purpose;

 

  2.   Name;

 

 


  3.   Location of the head office;

 

  4.   Capital;

 

  5.   Total amount of the paid-in capital;

 

  6.   Method of capital contribution;

 

  7.   Names and addresses of executive officers; and

 

  8.   Method of public notice.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 3 (Registration of New Branches and Sub-branches)

 

  (1)   Where the Export-Import Bank establishes branches or sub-branches, the Export-Import Bank shall register the relevant matters according to the classification of the following subparagraphs:

 

  1.   The fact of such establishment, at the location of its head office within two weeks;

 

  2.   The particulars prescribed in Article 2(2), at the location of each newly established branch or sub-branch within three weeks; and

 

  3.   The fact of such establishment, at the location of branches or sub-branches other than those prescribed in subparagraph 2 above within three weeks.

 

  (2)   If branches or sub-branches are newly established within the jurisdiction of the registry office governing the head office or an existing branch or sub-branch, the Export-Import Bank shall register only the fact of such establishment within two weeks.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 4 (Registration of Change of Location)

 

  (1)   Where the Export-Import Bank moves its head office to another location, the Export-Import Bank shall register the fact of such change of location within two weeks.

 

  (2)   Where the Export-Import Bank moves its branch or sub-branch to another location, the Export-Import Bank shall register the fact of such change of location, at the original location within three weeks, and at the new location within four weeks with the particulars mentioned in each Subparagraph of Article 2 (2).

 

  (3)   If the movement of a branch or sub-branch is made within the jurisdiction of the same registry office governing such branch or sub-branch, the Export-Import Bank shall register only the fact of such movement within two weeks.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 5 (Registration of Change)

 

If any change has occurred in any of the particulars mentioned in Article 2(2), such change shall be registered within two weeks at the location of the head office, and within three weeks at the locations of branches or sub-branches.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>


Article 6 (Registration of Appointment of Agent)

 

If an agent is appointed pursuant to Article 15 of the Act, the following particulars shall, within two weeks following the appointment, be registered at the location of the head office, branches or sub-branches for which the agent is appointed. If any change occurs after the registration, such change shall be registered in the same manner:

 

  1.   Name and address of the agent;

 

  2.   Head office, branches or sub-branches for which the agent is appointed; and

 

  3.   Details of restrictions, if any, on the powers of the agent.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 7 Deleted. <by Presidential Decree No. 12091, Mar. 9, 1987>

 

Article 8 (Reckoning Period of Registration)

 

If any authorization or approval of the Minister of Strategy and Finance is required for registration of any matters prescribed in Articles 2 through 6, the registration period shall be reckoned from the date when the relevant written authorization or approval is delivered.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 9 (Registry Office)

 

  (1)   The competent registry offices for the Export-Import Bank’s registration shall be the district courts, their branch offices or registry offices which exercise jurisdiction over the locations of the head office, branches or sub-branches.

 

  (2)   The registry office shall make available to the public the register of the Export-Import Bank.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 10 (Applicants for Registration and Supporting Documents for Application)

 

The registration of establishment pursuant to Article 2 shall be applied for collectively by the organizing members, and the registrations pursuant to Articles 3 through 6 shall be applied by the president of the Export-Import Bank. Applications thereof shall be accompanied by the following documents:

 

  1.   For the registration of the establishment pursuant to Article 2, the articles of incorporation of the Export-Import Bank, the certified copy of the authorization on the articles of incorporation, the certificate by the Minister of Strategy and Finance proving that the first installment for capital contribution has been completed, and the certificate for the appointment of the president of the Export-Import Bank pursuant to Article 11 (1) of the Act;

 

  2.   For the registration of the establishment of the new branches or sub- branches referred to in Article 3, the certificate that proves the establishment of such branches or sub-branches;

 

  3.   For the registration of the change of locations of the head office, branches or sub-branches referred to in Article 4, the certificate that proves such relocation;

 

  4.   For the registration of change prescribed in Article 5, the certificate that proves such change; and


  5.   For the registration of appointment of an agent as specified in Article 6, the certificate proving that the appointment is made pursuant to the provisions of Article 15 of the Act, and in the case there being restrictions on the powers of an agent, the certificate that proves it accordingly.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 11 (Provisions to be Applied Mutatis Mutandis on Registration)

 

The relevant provisions in the Non-Contentious Case Litigation Procedure Act shall, unless otherwise prescribed by this Decree, apply mutatis mutandis to the registration of the Export-Import Bank.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 12 (Public Notice of Registration of Establishment)

 

As soon as the Export-Import Bank completes the registration of establishment pursuant to Article 2, it shall publicly announce such registration.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

CHAPTER II-2. OPERATING COMMITTEE

 

Article 12-2 (Composition of Operating Committee)

 

  (1)   The Operating Committee (hereinafter referred to as the “Committee”) shall be composed of the following members:

 

  1.   The president of the Export-Import Bank;

 

  2.   One person whom the Minister of Strategy and Finance, the Minister of Foreign Affairs and Trade, the Minister of Knowledge Economy, the Minister of Land, Transport and Maritime Affairs and the Chairman of the Financial Services Commission designate respectively amongst public officials under the control of them;

 

  3.   One person whom the Governor of the Bank of Korea and the Chairman of the Korea Federation of Banks established with permission of the Financial Services Commission under the provisions of Article 32 of the Civil Act designate respectively amongst their executive officials or directors;

 

  4.   One person whom the Minister of Strategy and Finance designates amongst representatives of exporters’ organizations after consultation with the Minister of Knowledge Economy;

 

  5.   One person whom the president of the Korea Export Insurance Corporation under the Export Insurance Act designates amongst executive officials of the Corporation; and

 

  6.   Two or less persons whom the Minister of Strategy and Finance designates upon recommendation by the president of Export-Import Bank who have extensive knowledge and experience in international economic cooperation.

 

  (2)  

When the Committee deliberates any matter related to another ministry whose public official is not a member of the Committee provided in paragraph (1)2 above, the chairman of the


 

Committee may request a public official nominated by the minister of that another ministry to attend and express his/her opinion at the meeting of the Committee.

 

  (3)   The term of office of the member of paragraph (1)4 above shall be three years and the term of office of the member of paragraph (1)6 above shall be two years.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 12-3 (Chairman)

 

  (1)   The president of the Export-Import Bank shall be the chairman of the Committee.

 

  (2)   Where the chairman may not perform his/her duties due to inevitable reasons, one of the members of the Committee shall act for the chairman, in the order of priority designated in advance by the chairman.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 12-4 (Meetings)

 

  (1)   Meetings of the Committee shall be called by the chairman in accordance with the provisions of the articles of incorporation of the Export-Import Bank.

 

  (2)   The chairman shall call a meeting without delay when a majority of all the members of the Committee or the auditor requests that a meeting be held.

 

  (3)   Attendance by a majority of all the members of the Committee shall constitute a quorum, and resolutions shall be adopted upon the acceptance of a majority of the members present.

 

  (4)   Where any member of the Committee has personal interests in a particular matter subject to the resolutions of the committee, he/she shall not exercise his/her vote on that matter.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

CHAPTER III. BUSINESS

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Articles 13 Deleted. <by Presidential Decree No. 15904, Oct. 2, 1998>

 

Article 14 Deleted. <by Presidential Decree No. 15904, Oct. 2, 1998>

 

Article 15 (Overseas Investment)

 

  (1)   Funds for overseas investment under Article 18 (1) 5 of the Act shall be as follows:

 

  1.   Funds which are necessary for capital contribution to foreign juristic persons (including acquisition of stocks; hereinafter the same shall apply) by Korean nationals (including the juristic persons established under the Acts of the Republic of Korea; hereinafter the same shall apply);

 

  2.   Funds for providing loans required for meeting funds for making capital contribution by foreigners to foreign juristic persons to which Korean nationals intend to make capital contributions; and


  3.   Funds for providing loans required for meeting long-term funds which are necessary for overseas projects operated by foreign juristic persons to which Korean nationals make capital contributions.

 

  (2)   Funds for overseas investment pursuant to paragraph (1) shall contribute to the sound development of the national economy and the promotion of economic cooperation with foreign countries.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 15-2 (Other Overseas Transactions)

 

The term “overseas transaction prescribed by the Presidential Decree” in Article 18 (1)9 of the Act means what falls under any of the following subparagraphs:

 

  1.   The business operated in a foreign country by a foreign juristic person subjected to an investment from a foreign juristic person invested by Korean nationals, which is the transaction which contributes to the promotion of overseas investments of the Republic of Korea;

 

  2.   The trades of goods, services or intangible goods of electronic forms by a foreign juristic person subjected to an investment by Korean nationals or by a foreign juristic person subjected to an investment from such foreign juristic person, which contributes to the promotion of export of the Republic of Korea; or

 

  3.   Any transaction where a Korean national or a foreign juristic company to whom a Korean national made capital contribution participates as a purchaser of resources in respect of overseas resource development business and which contributes to the overseas resources development by Korea.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 16 <Overseas Guarantee of Obligations>

 

  (1)   “Transactions Prescribed by the Presidential Decree” under Article 18(2) shall mean any transaction that falls under any of the following:

 

  1.   Any transaction whose percentage of loan equals to or is greater than fifty-five percent (55%) among the transactions that the Export-Import Bank supports in the amount equal to or greater than one hundred million United States dollars;

 

  2.   Any transaction requested by the president of the Korea Export Insurance Corporation who has deemed that the guarantee by the Export-Import Bank is appropriate; or

 

  3.   Any transaction that the president of the Korea Export Insurance Corporation approves after consultation with the president of the Export-Import Bank who has deemed that the guarantee by the Export-Import Bank is appropriate.

 

  (2)   The total amount of guarantee that the Export-Import Bank may extend per year in accordance with paragraph 1 above shall not exceed 35/100 of the total amount underwritten annually by insurance in accordance with the Export Insurance Act in respect of transactions subject to Article 18(1)11 of the Act.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>


Article 17 (Settlement of Accounts)

 

The documents for settlement of accounts (income statement, balance sheet and surplus disposition statement) reported pursuant to Article 35 of the Act shall have the following documents attached:

 

  1.   Report on the appraisal of the achievement of the operational program;

 

  2.   Documents annexed to the financial statements; and

 

  3.   Other documents necessary to clarify matters concerning the settlement of accounts.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 17-2 (Distribution of Profits)

 

Where the Minister of Strategy and Finance approves distribution of profits for capital contributors other than the Government pursuant to subparagraph 2 of Article 36 of the Act, such preferential distribution rate shall not exceed fifteen percent.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

CHAPTER III-2. STANDARDS FOR SOUND MANAGEMENT AND SUPERVISION

 

Article 17-3 (Definitions)

 

The definitions of terms used in this Chapter shall be as follows:

 

  1.   The term “equity capital” means the equity capital under Article 2 (1) 5 of the Banking Act;

 

  2.   The term “credit extension” means the credit extension under Article 2 (1) 7 of the Banking Act; and

 

The term “enterprise group” means the enterprise group under subparagraph 2 of Article 2 of the Monopoly Regulation and Fair Trade Act.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 17-4 (Supervision for Sound Management)

 

  (1)   The Financial Services Commission shall conduct supervision over the Export-Import Bank as referred to in Articles 17-5, and 17-7 through 17-13 below pursuant to Article 39 (2) of the Act.

 

  (2)   The Financial Services Commission may determine the detailed matters necessary for conducting the supervision under paragraph (1) above.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 17-5 (Ceiling on Credit Extension to Same Borrower)

 

  (1)   The Export-Import Bank may not extend credits in excess of 50/100 of its equity capital to the same individual or juristic person, and a person belonging to the same enterprise group as such individual or juristic person (hereinafter referred to as the “same borrower”); provided, however, that the same shall not apply to any of the following cases:

 

  1.  

Where an additional credit is extended to a company for which the rehabilitation procedure is under way in accordance with the Debtor Rehabilitation and Bankruptcy


 

Act or of which the normalization of operation is in progress by joint financial institutions as a part of the adjustment of enterprise structure;

 

  2.   Where an additional credit is extended to a person who underwrote a company falling under subparagraph 1 above in compliance with underwriting agreement;

 

  3.   Where a ceiling on the credit extension is exceeded due to the following causes, in spite of the absence of any additional credit extension:

 

  (a)   Where the amount of money converted into won currency is increased by the fluctuation of exchange rate;

 

  (b)   Where the equity capital of the Export-Import Bank is decreased;

 

  (c)   Where any alteration is made in the constitution of the same borrower;

 

  (d)   Where any merger or any transfer or taking over of business is made among the enterprises to which credits are extended; and

 

  (e)   Where there exist any compelling cause such as the sudden change in economic conditions, which is recognized by the Financial Services Commission.

 

  4.   Where it is recognized that there exist no credit risks, or where it is necessary for the achievement of aims for the establishment of the Export-Import Bank, and which are recognized by the Financial Services Commission in consultation with the Minister of Strategy and Finance.

 

  (2)   Where a ceiling on credit extension referred to in paragraphs (1), (3) and (4) is exceeded due to such cause as provided in paragraph (1)3, such ceiling shall be adjusted to suit the ceiling as referred to paragraphs (1), (3) and (4) within one year from the date the ceiling is exceeded; provided, however, that in the following cases, the Financial Services Commission may extend such period by the period it designates:

 

  1.   Where it is difficult to collect the extended credit within the said period because the deadline for the collection has yet to come;

 

  2.   Where any cause falling under paragraph (1)3(a) or (b) continues to exist for a long period, and if the extended credit is collected, the stabilization of management of the person to whom such credit is extended may be noticeably impaired; and

 

  3.   Where the Financial Services Commission deems that the soundness of assets of the Export-Import Bank may not be noticeably impaired even if the state of excess of the ceiling continues for a certain period of time, which is similar to any causes referred to in subparagraphs 1 and 2.

 

  (3)   The Export-Import Bank may not extend the credit in excess of 40/100 of its equity capital to the same individual or juristic person, respectively; provided, however, that the same shall not apply in any of the cases under paragraph 1 above.

 

  (4)   The total sum of a large amount of credit extension of the Export- Import Bank (referring to the amount of credit extension to the respective same borrowers in excess of 10/100 of the equity capital of the Export-Import Bank) may not exceed fivefold of its equity capital; provided, however, that the same shall not apply in any of the cases under paragraph 1 above.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 17-6 Deleted. <by Presidential Decree No. 20827, June 20, 2008>


Article 17-7 (Restriction on Investment, etc. in Other Juristic Person)

 

  (1)   The Export-Import Bank may not acquire stocks in excess of 15/100 of the voting stocks issued by other juristic persons (including the contribution quota; hereafter in this Article, the same shall apply); provided, however, that the same shall not apply to the following cases:

 

  1.   Where the stocks of other juristic persons are acquired in consequence of investment in the Export-Import Bank by the Government;

 

  2.   Where the stocks are acquired in consequence of the stock dividends or increase of capital stocks without consideration;

 

  3.   Where the stocks are acquired by the exercise of security right;

 

  4.   Where the stocks are acquired by the participation in the increase of capital stocks with consideration within the scope of the existing shares in holding;

 

  5.   Where the stocks are acquired in consequence of converting the stock-related claims, such as bond with warrant, into stocks;

 

  6.   Where the Export-Import Bank acquires the stocks by investment in the company in which the Export-Import Bank owns the stocks in excess of 15/100 of issued voting stocks (hereinafter referred to as the “subsidiary company”) and which belongs to the business type designated by the Financial Services Commission. In this case, the total sum of investments in each subsidiary company shall not exceed 15/100 of the equity capital of the Export-Import Bank; and

 

  7.   Where it is necessary to achieve the aims for the establishment of the Export-Import Bank, and which are recognized by the Minister of Strategy and Finance upon hearing opinions of the Financial Services Commission.

 

  (2)   The Export-Import Bank shall, in the transactions with its subsidiary companies, not conduct the following activities:

 

  1.   Extending credits to its subsidiary companies in excess of the ceiling designated by the Financial Services Commission;

 

  2.   Extending credits by taking the stocks of its subsidiary companies as security; and

 

  3.   Extending credits in order to solicit for the purchase of the stocks of its subsidiary companies.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 17-8 (Restriction on Holding, etc. of Securities)

 

The Export-Import Bank shall not conduct the following businesses:

 

  1.   Holding stocks or securities of more than three years’ maturity in excess of 60/100 of its equity capital; provided, however, that the following securities shall be excluded:

 

  (a)   Bonds issued by the State;

 

  (b)   Currency stabilization bonds of the Bank of Korea;

 

  (c)   Securities acquired by contributions of the Government; and

 

  (d)   Securities which the Export-Import Bank acquires by making such contributions as approved by the Minister of Strategy and Finance under Article 20-2 of the Act.

 

 


  2.   Owning real estates other than those for business use; provided, however, that the case of acquiring the real estates by an exercise of security interest such as a mortgage shall be excluded;

 

  3.   Owning real estates for business use in excess of 60/100 of its equity capital;

 

  4.   Loaning funds for the purpose of speculation on the merchandises or securities; and

 

  5.   Loaning funds to the officers and employees of the Export-Import Bank and its subsidiary companies; provided, however, that the small loan designated by the Financial Services Commission shall be excluded.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 17-9 (Disposal of Assets for Non-Business Use, etc.)

 

Where the Export-Import Bank acquires through the exercise of security right any assets of which the acquisition or ownership is prohibited by this Decree, it shall dispose of them under the conditions as prescribed by the Financial Services Commission.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 17-10 (Building of Risk-Control System)

 

The Export-Import Bank shall, for the purpose of controlling various risks which are likely to occur in its overall operations, set up the adequate criteria for operational processing and procedures, and build and operate the risk-control systems such as the integrated management of assets and liabilities.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 17-11 (Criteria for Accounting Settlements)

 

The criteria for accounting settlements of the Export-Import Bank shall be based on the accounting rules of banking business determined by the Securities and Futures Commission in accordance with the Act on the Establishment, etc. of Financial Services Commission and on the bank-related accounting standards determined by the Financial Services Commission, and those matters which are not determined by these rules and standards shall be based on the enterprise accounting standards.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 17-12 (Scope of Supervision over Soundness)

 

The supervision and inspection on soundness by the Financial Services Commission shall be conducted only with respect to the matters which are not subject to the accounting inspection under Article 22 of the Board of Audit and Inspection Act and the supervision of duties under Article 24 of the same Act.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>


Article 17-13 (Guidance of Sound Management)

 

  (1)   The Export-Import Bank shall, in order to secure the soundness of asset operating, observe the criteria as provided by the Financial Services Commission in regard to the matters of the following subparagraphs:

 

  1.   Classification of the soundness of possessing assets, and the reservation and maintenance of adequate allowance for bad debts;

 

  2.   Maintenance of equity capital ratio for the risk-aggravating assets under the criteria of the Bank for International Settlements;

 

  3.   Maintenance of the ratio of liquidity assets on foreign currency to the liquidity debts on foreign currency;

 

  4.   Construction and operation of the risk control systems for efficient management of possessed assets and debts; and

 

  5.   Observation of laws and regulations on the soundness of assets operation.

 

  (2)   Where the Financial Services Commission deems that the soundness of management of the Export-Import Bank may be severely impaired by a failure to meet the standards of sound management under this Chapter, it may request that the Export-Import Bank take necessary measures to correct it after consultation with the Minister of Strategy and Finance.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

CHAPTER IV. EXPORT-IMPORT FINANCING DEBENTURES

 

Article 18 Deleted. <by Presidential Decree No. 19551, June 29, 2006>

 

Article 19 (Form of Export-Import Financing Debentures)

 

Export-import financing debentures shall be issued in the form of “bearer”; provided, however, that at the request of applicants for subscription or holders, the form of “bearer” may be converted to the form of “registered”, and vice versa.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 20 (Subscription to Export-Import Financing Debentures)

 

  (1)   Anyone intending to subscribe to export-import financing debentures shall indicate on each sheet the number of debentures by denomination which he/her intends to underwrite and his/her address on two copies of the application form for export-import financing debentures, and he/her shall sign and seal thereto.

 

  (2)   The following shall be stated in the application form for export-import financing debentures:

 

  1.   Name of the Export-Import Bank;

 

  2.   Total amount of export-import financing debentures to be issued;

 

  3.   Face value by denomination of export-import financing debentures;

 

  4.   Interest rates of export-import financing debentures;

 

  5.   Method and period of redemption of the principal;


  6.   Method and period of payment of interest;

 

  7.   Issuing price or minimum price of export-import financing debentures;

 

  8.   Total amount of the capital plus reserves of the Export-Import Bank; and

 

  9.   In the case of repayment for the foregoing issuance of export-import financing debentures being still pending, the total amount outstanding.

 

  (3)   Where export-import financing debentures are issued at a fixed minimum price, the applicant for subscription shall specify the subscription price at which he/she intends to apply for subscription on the application form for export-import financing debentures.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 21 (Total Underwriting of Export-Import Financing Debentures)

 

The provisions of Article 20 shall not apply to underwriting by contract of the total amount of the export-import financing debentures issued.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 22 (Total Amount of Export-Import Financing Debentures Issued)

 

The Export-Import Bank may indicate on the application form for export-import financing debenture subscription that the Export-Import Bank shall issue the export-import financing debentures concerned even if the total amount subscribed to in the said application form falls short of the total amount of the issue specified on the said application form, and, in such cases, the amount of the subscription shall be regarded as the total amount of the issue.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 23 (Collection of Subscribed Value of Export-Import Financing Debentures)

 

The Export-Import Bank shall collect the total amount of the subscribed value for each export-import financing debentures without delay upon the completion of the application for subscription of the export-import financing debentures.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 24 (Issuing Time for Debentures)

 

The Export-Import Bank shall issue export-import financing debentures only after the total amount of the subscribed value is paid; provided, however, that the exceptions shall apply under Article 26.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 25 (Matters to be Specified in Export-Import Financing Debentures)

 

Debentures shall bear the serial number, the issuing date, and matters prescribed in Article 20 (2) 1 through 6 and shall be signed and sealed by the president of the Export-Import Bank.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>


Article 26 (Sales of Debentures)

 

  (1)   The Export-Import Bank, after it fixes the sales period in advance, may issue export-import financing debentures by the method of public sale.

 

  (2)   In the case of paragraph (1), the application form for export-import financing debentures pursuant to Article 20 shall not be drawn up.

 

  (3)   In the case of the Export-Import Bank issuing export-import debentures pursuant to paragraph (1), those matters referred to in Article 20 (2) 2 shall not be indicated.

 

  (4)   Where the Export-Import Bank intends to issue export-import debentures pursuant to paragraph (1), it shall make a public notice on the sales period and those matters prescribed in Article 20 (1) 1 through 7.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 27 (Register of Export-Imported Financing Debentures)

 

  (1)   The Export-Import Bank shall keep the original register of export-import financing debentures at the head office which shall indicate the following matters therein:

 

  1.   The number and serial numbers of export-import debentures;

 

  2.   Issuing date of the export-import financing debentures; and

 

  3.   Those matters prescribed in Article 20 (2) 2 through 6.

 

  (2)   Where export-import financing debentures are issued in the form of registration, the following matters shall be also indicated in the original register of export-import financing debentures in addition to the matters prescribed in paragraph (1):

 

  1.   Names and addresses of holders of export-import financing debentures; and

 

  2.   Acquisition date of export-import financing debentures.

 

  (3)   Any holder of rights in respect of export-import financing debentures is entitled to request an inspection of the register of export-import financing debentures at any time during the business hours of the Export-Import Bank.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 28 (Registered Export-Import Financing Debentures)

 

  (1)   The transfer of registered export-import financing debentures shall not be invoked against the Export-Import Bank or any third parties unless the name and address of the transferee have been entered into the original register of export-import financing debentures.

 

  (2)   In the case of registered export-import financing debentures being used as collateral for a pledge, the pledge shall not be invoked against the Export-Import Bank or other third parties, unless the name and address of the pledgee have been entered into the original register of the export-import financing debentures.

 

  (3)   Where the registration of the pledge pursuant to paragraph (2) has been done, the Export-Import Bank shall make indication thereof on the export-import financing debentures concerned.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>


Article 29 (Repurchase and Destruction of Export-Import Financing Debentures)

 

The Export-Import Bank may, within the extent not interfering with the performance of its business prescribed under Article 18 of the Act, repurchase and destroy the export-import financing debentures concerned.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 30 (Deficiency of Concession)

 

  (1)   In redeeming export-import financing debentures in bearer form and if there exists deficiency of concession, the Export-Import Bank shall deduct from the redemption an amount to cover the deficiency of concession.

 

  (2)   The owner of concession referred to in paragraph (1) may claim any time the deducted amount in return for the concession.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

Article 31 (Notice, etc. to Applicants of Export-Import Financing Debentures)

 

  (1)   Any notification or any reminder notice to applicants for subscription or holders of rights before the issuance of export-import financing debentures shall be delivered to the address indicated on the application form for export-import financing debentures; provided, however, that if the applicants or holders of rights have notified the Export-Import Bank of another address, it shall use such address for the delivery.

 

  (2)   Any notification or any reminder notice to holders of registered export-import financing debentures shall be delivered to the address indicated in the original register of export-import financing debentures; provided, however, that if the holders have notified the Export-Import Bank of another address, it shall use such address for the delivery.

 

  (3)   Any notification or any reminder notice to holders of export-import financing debentures in the bearer form shall be made by means of public notice; provided, however, that if the addresses of the holders are known, such addresses may be used for such notification or remainder notice.

 

<Amended by Presidential Decree No. 20827, June 20, 2008>

 

CHAPTERV. Deleted.

 

<by Presidential Decree No. 16743, Mar. 4, 2000

 

Article 32 Deleted. <by Presidential Decree No. 16743, Mar. 4, 2000>

 

Article 33 Deleted. <by Presidential Decree No. 16743, Mar. 4, 2000>

 

Article 34 Deleted. <by Presidential Decree No. 16743, Mar. 4, 2000>

 

Article 35 Deleted. <by Presidential Decree No. 16743, Mar. 4, 2000>

 

ADDENDUM

 

<Presidential Decree No. 4099, Oct. 6, 1969>

 

This Decree shall enter into force on the date of its promulgation.


ADDENDA

 

<Presidential Decree No. 7561, Feb. 28, 1975>

 

  (1)   (Enforcement Date) This Decree shall enter into force on the date of its promulgation.

 

  (2)   (Separate Accounting for Delegated Operations) During the time when the Korea Exchange Bank performs the operations of the Export-Import Bank in delegation pursuant to Article 3 (1) of the Addenda to the Act, such operations and any accounting thereunder shall be conducted independently from the operations and the accounting conducted in accordance with the Korea Exchange Bank Act.

 

  (3)   (Reserving Profit Accruing from Delegated Operations) The Korea Exchange Bank shall, following the determination of the Minister of Finance, reserve each fiscal year’s profit accruing from the operations of the Export-Import Bank performed in delegation in the separate account of the Export-Import Bank.

 

ADDENDUM

 

<Presidential Decree No. 12091, Mar. 9, 1987>

 

This Decree shall enter into force on the date of its promulgation.

 

ADDENDA

 

<Presidential Decree No. 12603, Dec. 31, 1988>

 

  (1)   (Enforcement Date) This Decree shall enter into force on the date of its promulgation.

 

  (2)   (Transitional Measures concerning Designation of Products, etc.) The products, materials or resources designated before the effective date of this Decree by the Minister of Finance pursuant to the provisions of the previous Decree shall be construed as the products, materials or resources designated by the president of the Export-Import Bank pursuant to the provisions of this Decree.

 

ADDENDA (Organizations of the Ministry of Trade, Industry and Energy, and its affiliate agencies)

 

<Presidential Decree No. 13870, Mar. 6, 1993>

 

Article 1 (Enforcement Date)

 

This Decree shall enter into force on the date of its promulgation.

 

Articles 2 and 3 Omitted.

 

Article 4 (Amendment of Other Acts) (1) through <40> omitted.

 

<41> The Decree of the Act shall be amended as the following:

 

The “Minister of Trade and Industry” under subparagraphs 2 and 4 of paragraph 1 of Article 12-2 shall be changed to the “Minister of Trade, Industry and Energy” respectively and subparagraph 4 of paragraph 1 of Article 32 shall be interpreted as referring to the “Assistant Minister I of Ministry of Trade, Industry and Energy.”

 

<42> through <188> omitted.


ADDENDA (Organizations of the Ministry of Finance and Economy and its affiliate agencies)

 

<Presidential Decree No. 14438, Dec. 23, 1994>

 

Article 1 (Enforcement Date)

 

This Decree shall enter into force on the date of its promulgation. Articles 2 through 4 Omitted.

 

Article 5 (Amendment of Other Acts) (1) through <73> omitted

 

<74> The Decree of the Act shall be amended as the following:

 

The “Minister of Finance” under Article 8, subparagraph 1 of Article 10, subparagraphs 2 and 4 of paragraph 1 of Article 12-2, Article 17-2, Articles 18 and 29, subparagraph 8 of paragraph 1 of Article 32, paragraph 6 of Article 32, paragraphs 1 and 3 of Article 33, Article 34, paragraph 1 of Article 36 shall be changed to the “Minister of Finance and Economy” respectively and the “Minister of Trade and Industry under subparagraphs 2 and 4 of paragraph 1 of Article 12-2 shall be changed to “Minister of Trade, Industry and Energy” respectively. The “Deputy Minister of Finance” under subparagraph 1 of paragraph 1 and paragraph 3 of Article 32 shall be changed to the “Deputy Minister of Finance and Economy.”

 

<75> through <327> omitted.

 

ADDENDA (Enforcement Decree of the Bank of Korea Act)

 

<Presidential Decree No. 15750, Apr. 1, 1998>

 

Article 1 (Enforcement Date)

 

This Decree shall enter into force on April 1, 1998.

 

Article 2 Omitted.

 

Article 3 (Amendment of Other Acts) (1) through <18> omitted

 

<19> The Decree of the Act shall be amended as follows:

 

“Director” under subparagraph 3 of paragraph 1 of Article 12-2 shall be changed to “executive officials or directors.”

 

Article 4 Omitted.

 

ADDENDUM

 

<Presidential Decree No. 15904, Oct. 2, 1998>

 

This Decree shall enter into force on the date of its promulgation.

 

ADDENDA

 

<Presidential Decree No. 16743, Mar. 4, 2000>

 

Article 1 (Enforcement Date)

 

This Decree shall enter into force on the date of its promulgation.


Article 2 (Application Example concerning Calculation of Total Contribution to Subsidiary Company)

 

In making the calculation of gross total sum of contributions to the subsidiary companies under the amendments to the latter part of Article 17- 7 (1) 6, the amount of contributions by the Export-Import Bank to the domestic subsidiary companies prior to the enforcement date of this Decree, shall not be included.

 

Article 3 (Transitional Measures concerning Limit of Credits)

 

  (1)   The Export-Import Bank shall, in case where it has the credits in excess of the limit under the amendments to Articles 17-5 (1) and 17- 6 (1) at the time of enforcement of this Decree, exert the efforts to make it comply with the relevant amendments by liquidating it not later than December 31, 2002, and submit the detailed plans for implementing it to the Financial Supervisory Commission within one month from the date of promulgation of this Decree and obtain its approval.

 

  (2)   The Export-Import Bank shall, in case where it has the credits in excess of the limit under the amendments to Articles 17-6 (2) at the time of enforcement of this Decree, exert the efforts to make it comply with the relevant amendments by liquidating it not later than April 30, 2000, and submit the detailed plans for implementing it to the Financial Supervisory Commission within one month from the date of promulgation of this Decree and obtain its approval.

 

ADDENDUM

 

<Presidential Decree No. 17020, Dec. 27, 2000>

 

This Decree shall enter into force on the date of its promulgation.

 

ADDENDUM

 

<Presidential Decree No. 18824, May 13, 2005>

 

This Decree shall enter into force on the date of its promulgation.

 

ADDENDA (Enforcement Decree of the Debtor Rehabilitation and Bankruptcy Act)

 

<Presidential Decree No. 19422, Mar. 29, 2006>

 

Article 1 (Enforcement Date)

 

This Decree shall enter into force on April 1, 2006.

 

Article 2 (Amendment of Other Acts) (1) through <25> omitted.

 

<26> The Decree of the Act shall be amended as follows:

 

Rehabilitation procedures in accordance with the Debtor Rehabilitation and Bankruptcy Act under subparagraph 1 of paragraph 1 of Article 17-5 shall mean the reorganization procedures in accordance with the Company Reorganization Act or the composition procedures in accordance with the Composition Act.


ADDENDUM

 

<Presidential Decree No. 19551, Jun. 29, 2006>

 

This Decree shall enter into force on the date of its promulgation.

 

ADDENDA (Organizations of the Ministry of Strategy and Finance and its affiliate agencies)

 

<Presidential Decree No. 20720, Feb. 29, 2008>

 

Article1 (Enforcement Date)

 

This Decree shall enter into force on date of its promulgation; provided, however, that among the provisions of the Presidential Decree that are amended in accordance with Article 8 of the Addenda, those provisions which have been announced prior to the enforcement date of this Decree but whose enforcement dates have not been arrived shall be enforced from the respective enforcement date of the relevant Presidential Decree.

 

Articles 2 through 7 omitted.

 

Article 8 (Amendment of Other Acts) (1) through <63> omitted.

 

<64> The Decree of the Act shall be amended in part as follows:

 

The “Minister of Finance and Economy” under Article 8, Paragraph 1 of Article 10, subparagraphs 2 through 4 of paragraph 1 of Article 12-2, Article 17-2, subparagraph 4 of paragraph 1 of Article 17-5, subparagraph 7 of paragraph 1 of Article 17-7, subparagraph 1(d) of Article 17-8 and paragraph 3 of Article 17-13 shall be changed to the “Minister of Strategy and Finance” respectively.

 

The “Financial Supervisory Commission” under Paragraphs 1 and 2 of Article 17-4, subparagraph 3(e) of paragraph 1 of Article 17-5, subparagraph 4 of paragraph 1 of Article 17-5, exceptions under each subparagraphs of paragraph 2 of Article 17-5, subparagraph 3 of paragraph 2 of Article 17-5, first part of subparagraph 6, and subparagraph 7 of paragraph 1 of Article 17-7, subparagraph 1 of paragraph 2 of Article 17-7, exceptions under subparagraph 5 of Article 17-8, Article 17-9, Article 17-11, Article 17-12, parts other than each subparagraph of paragraph 2 of Article 17-13, and paragraph 3 of Article 17-3 shall be changed to the “Financial Services Commission.”

 

The “Minister of Commerce, Industry, and Energy” under subparagraphs 2 and 4 of paragraph 1 of Article 12-2 shall be changed to the “Minister of Knowledge Economy.”

 

The “Minister of Construction and Transportation” under subparagraph 2 of paragraph 1 of Article 12-2 shall be changed to the “Minister of Land, Transport and Maritime Affairs.” The “Chairman of the Financial Supervisory Commission” under subparagraph 2 of paragraph 1 of Article 12-2 shall be changed to the “Chairman of the Financial Services Commission.”

 

The “Act on the Establishment, etc. of Financial Supervisory Organizations” and the “Financial Supervisory Commission” under Article 17-11 shall be changed to the “Act on the Establishment, etc. of Financial Services Commission” and the “Financial Services Commission” respectively.

 

<65> through <68> omitted.

 

ADDENDUM

 

<Presidential Decree No. 20827, June 20, 2008>

 

This Decree shall enter into force on the date of its promulgation.

EX-99.(J) 10 dex99j.htm THE ARTICLES OF INCORPORATION OF THE EXPORT-IMPORT BANK OF KOREA The Articles of Incorporation of The Export-Import Bank of Korea

Exhibit J

 

Korea Eximbank

THE EXPORT-IMPORT BANK OF KOREA

 

ARTICLES OF INCORPORATION

 

Enacted on July 1, 1976

 

Amended on January 1, 1977

 

Amended on July 1, 1977

 

Amended on December 29, 1977

 

Amended on March 7, 1986

 

Amended on May 2, 1987

 

Amended on November 17, 1987

 

Amended on March 13, 1989

 

Amended on December 16, 1989

 

Amended on February 13, 1991

 

Amended on June 30, 1992

 

Amended on December 4, 1992

 

Amended on February 28,1994

 

Amended on June 14, 1995

 

Amended on February 16, 1998

 

Amended on November 10, 1998

 

Amended on April 17, 2000

 

Amended on April 30, 2002

 

Amended on July 31, 2006

 

Amended on July 11, 2008

 

CHAPTER I. GENERAL PROVISIONS

 

Article 1. (Purpose)

 

The primary purpose of the Bank shall be to execute the business of providing financial assistance required for export, import, overseas investment and the exploitation of overseas natural resources.

 

Article 2. (Name)

 

  (1)   The Bank is established under the Export-Import Bank of Korea Act (hereinafter referred to as the “Act”) and shall be called “The Export-Import Bank of Korea” (hereinafter referred to as the “Bank”).

 

  (2)   The name of the Bank in English shall be “The Export-Import Bank of Korea.”


Article 3. (Head Office, Branches, Sub-Branches, and Agencies)

 

  (1)   The Bank shall have its head office in Seoul.

 

  (2)   The Bank may establish domestic branches, sub-branches, or agencies in such places, as are deemed necessary for its operations.

 

  (3)   The Bank may establish overseas offices or representatives in such places, as are deemed necessary for its operations.

 

Article 4. (Capital)

 

  (1)   The capital of the Bank shall be Four Trillion Won((Won)4,000,000,000,000) and shall be contributed by the Government of the Republic of Korea, the Bank of Korea, the Korea Development Bank, the financial institutions defined in subparagraph 2, paragraph (1) of Article 2 of the Banking Act, exporters’ associations and international financial organizations.

 

  (2)   The first contribution of capital referred to in Paragraph (1) shall be made by the Bank of Korea or the Korea Exchange Bank not later than the registration of incorporation of the Bank. The governmental funds, which had been provided by the Korean government to the Korea Exchange Bank conducting the Bank’s business to finance exports on a deferred payment basis, shall be converted to the contribution of the Bank’s capital after the registration of incorporation of the Bank.

 

  (3)   The Bank may issue certificates for capital contribution to the contributing institutions after the registration of the Bank’s establishment or after each capital contribution has been made.

 

Article 5. (Amendment of Articles of Incorporation)

 

Any revision of the Articles of Incorporation shall be made with the approval of the Minister of Strategy and Finance after a resolution of the Operations Committee of the Bank.

 

Article 6. (Other Matters)

 

Any matters deemed necessary for the operation of business of the Bank, but not provided for by the provisions of the Articles of Incorporation, shall be determined separately by a resolution of the Operations Committee of the Bank.

 

CHAPTER II. EXECUTIVE OFFICERS AND EMPLOYEES

 

Article 7. (Executive Officers)

 

The Bank shall have as its executive officers one Chairman and President (hereinafter referred to as the “President”), one Deputy President, five or fewer Executive Directors and one Auditor.

 

Article 8. (Duties and Authority of Executive Officers)

 

  (1)   The President shall represent the Bank and preside over the operations of the Bank.

 

  (2)   The Deputy President shall assist the President and, when the President is unable to perform his or her duties due to inevitable circumstances, shall act in his or her stead.

 

  (3)   The Executive Directors shall assist the President and the Deputy President and take partial charge of the operations of the Bank as designated by the President.


  (4)   If both the President and the Deputy President are unable to perform their duties due to inevitable circumstances, one of the Executive Directors, in the order determined in advance by the President, shall act in their stead.

 

  (5)   The Auditor shall inspect and audit the operations and accounting of the Bank.

 

Article 9. (Appointment and Dismissal of Executive Officers)

 

  (1)   The President shall be appointed and dismissed by the President of the Republic of Korea upon the recommendation of the Minister of Strategy and Finance.

 

  (2)   The Deputy President and the Executive Directors shall be appointed and dismissed by the Minister of Strategy and Finance upon the recommendation of the President.

 

  (3)   The Auditor shall be appointed and dismissed by the Minister of Strategy and Finance.

 

Article 10. (Term of Office of Executive Officers)

 

  (1)   The term of office of executive officers shall be three (3) years, provided that they may be reappointed.

 

  (2)   In the event the office of any executive officer becomes vacant, a new executive officer shall be appointed to fill the vacancy, and his or her term of office shall be such period as provided for in Paragraph(1).

 

Article 11. Article 11 (Remuneration of Executive Officers)

 

The Board of Directors shall determine the remuneration and allowances for the President, the Deputy President, the Executive Directors and the Auditor within the limit of the budget approved by the Minister of Strategy and Finance.

 

Article 12. (Restriction on Engagement in Additional Occupation)

 

The executive officers shall not engage in any other occupation without the permission of the Minister of Strategy and Finance.

 

Article 13. (Limitation on Power of Representation of Executive Officers)

 

  (1)   With regard to the matters in which the interests of the President, the Deputy President or the Executive Directors conflict with those of the Bank, the President, the Deputy President or the Executive Directors concerned shall not represent the Bank.

 

  (2)   In the event of paragraph (1), if there is no Executive Director to represent the Bank, the Auditor shall represent the Bank.

 

Article 14. (Appointment of Agent)

 

The President may appoint, from among the executive officers or employees of the Bank, agents who shall have full power to perform all judicial or extrajudicial act with respect to the operations of the Bank after a resolution of the Board of Directors.

 

Article 15. (Appointment and Dismissal of Employees)

 

The employees of the Bank shall be appointed and dismissed by the President of the Bank.


CHAPTER III. OPERATIONS COMMITTEE

 

Article 16. (Operations Committee)

 

  (1)   The Bank shall have the Operations Committee (hereinafter referred to as the “Committee”).

 

  (2)   The Committee shall be composed of the members prescribed in the following subparagraphs:

 

  1.   The President of the Bank;

 

  2.   Five public officials, one each nominated by the Minister of Strategy and Finance; the Minister of Foreign Affairs and Trade; the Minister of Knowledge Economy; the Minister of Land, Transport and Maritime Affairs; and the Chairman of the Financial Services Commission, out of the public officials of the relevant institution;

 

  3.   Two persons, one each nominated by the Governor of the Bank of Korea amongst its assistant governors or executive directors, and by the Chairman of the Korea Federation of Banks as established upon the authorization of the Financial Services Commission pursuant to Article 32 of the Civil Code amongst the executives and/or directors of such federation;

 

  4.   A representative of an exporters’ association, nominated by the Minister of Strategy and Finance after consultation with the Minister of Knowledge Economy;

 

  5.   One executive director of the Korea Export Insurance Corporation established under the Export Insurance Act, nominated by the Chairman and President of the Korea Export Insurance Corporation; and

 

  6.   Two or less persons appointed by the Minister of Strategy and Finance upon recommendation by the President of the Bank who have extensive knowledge and experience in international economic cooperation.

 

  (3)   When the Committee deliberates any matter related to any ministry other than the ministries provided for in subparagraph 2 of paragraph (2), the chairman of the Committee may request a public official nominated by the minister of such ministry to attend and express his opinion at the meeting of the Committee.

 

  (4)   The term of office of the Committee members appointed under subparagraph 4 of Paragraph 2 above shall be three (3) years and those appointed under subparagraph 6 of the same Paragraph shall have the term of two (2) years.

 

  (5)   The Committee shall establish the basic policies pertaining to the operation and management of the Bank and may make the rules and regulations necessary for the performance of its functions.

 

Article 17. (Convocation of Meetings of the Committee)

 

  (1)   Meetings of the Committee shall be called and chaired by the President.

 

  (2)   If the office of the chairman is vacant or the chairman is unable to perform his or her duties, due to unforeseen circumstances, one of the members of the Committee, in the order of priority as designated in advance by the chairman, shall act as the chairman.

 

  (3)   When a majority of the members of the Committee or the auditor requests that a meeting be held, the chairman shall call the meeting without delay.


Article 18. (Method of Resolution)

 

A majority of the members of the Committee shall constitute a quorum for the meeting of the Committee, and resolutions of such meeting shall be adopted by the affirmative vote of a majority of the members present.

 

Article 19. (Voting Limitation at Meetings by Members)

 

Where any member of the Committee has personal interests in a particular matter, he or she shall not exercise his or her vote on that matter.

 

Article 20. (Exception to Powers of Committee)

 

  (1)   When immediate measures are required under the situation of war, armed conflict or other similar national emergencies, the President of the Bank, if unable to call a meeting of the Committee, may, with the approval of the Minister of Strategy and Finance, take any necessary measures within the authority of the Committee.

 

  (2)   When the President of the Bank takes such measures as provided for in paragraph (1), he or she shall call a meeting of the Committee without delay and shall report such measures to the Committee.

 

  (3)   The Committee may then affirm, modify or suspend such measures as taken in accordance with paragraph (1).

 

Article 21. (Permission of Attendance at Meetings)

 

The Deputy President, the Executive Directors and the Auditor may attend the meetings of the Committee and express their opinions at such meetings.

 

CHAPTER IV. BOARD OF DIRECTORS

 

Article 22. (Board of Directors)

 

  (1)   The Bank shall have the Board of Directors.

 

  (2)   The Board of Directors shall consist of the President, the Deputy President and the Executive Directors.

 

  (3)   The Board of Directors shall make resolutions on important matters pertaining to the operation of the Bank and may make the rules and regulations necessary for the performance of its functions.

 

Article 23. (Convocations of Meetings of the Board of Directors)

 

Meetings of the Board of Directors shall be called and chaired by the President.

 

Article 24. (Method of Resolution)

 

Meetings of the Board of Directors shall have a quorum when a majority of its members are present, and resolutions of such meeting shall be adopted by the affirmative vote of two-thirds or more of the members present.


Article 25. (Attendance at Meetings by Auditor)

 

The Auditor may attend the meetings of the Board of Directors and express his or her opinion at such meetings.

 

CHAPTER V. OPERATIONS AND EXECUTION

 

Article 26. (Scope of Operations)

 

  (1)   In order to achieve the purposes described in Article 1, the Bank may engage in the operations prescribed in the following subparagraphs:

 

  1.   Lending to Korean nationals (which term shall, in these Articles of Incorporation, include juristic persons incorporated under the laws of the Republic of Korea) of required funds or discounting to other financial institutions of drafts or notes issued in connection with such required funds for the promotion of export of goods, services (including construction services performed outside of Korea) or intangible goods in electronic form (hereinafter referred to as the “Goods, etc.”);

 

  2.   Lending to foreign governments (which term shall, in these Articles of Incorporation, include agencies of foreign governments and foreign local public authorities) or foreigners (which term shall, in these Articles of Incorporation, include juristic persons incorporated under the laws of foreign countries) of funds required for the import of the Goods, etc. for the purpose of promoting such import;

 

  3.   Lending to Korean nationals of funds required for the import, or the advance payment of import prices necessary to facilitate the import, of the major resources (hereinafter referred to as the “Major Resources”) and the Goods, etc. which are very important to the national economy, or discounting to other financial institutions of drafts or notes issued in connection with such funds;

 

  4.   Lending to Korean nationals of funds required for the installation, expansion or operation of equipment (which term shall, in these Articles of Incorporation, include ships and vehicles) for businesses carried on in foreign countries by such Korean nationals;

 

  5.   Lending to Korean nationals of funds for overseas investments prescribed by the Enforcement Decree of the Korea Export and Import Bank Act (hereinafter referred to as the “Enforcement Decree”) or funds required for leasing equipment to foreign governments or foreigners;

 

  6.   Lending to foreign governments or foreigners of funds required for such foreign governments or foreigners to make direct capital contribution or lending to foreign corporations to which Korean nationals make capital contributions (including acquisition of stocks; hereinafter the same shall apply);

 

  7.   Lending to foreign corporations, to which Korean nationals make capital contributions, of long-term funds required for the businesses carried on by such foreign corporations in foreign countries;

 

  8.   Where it is found markedly difficult for those who have imported the Goods, etc. from the Republic of Korea, given the balance of payments of the countries wherein they reside, to perform the obligations incurred in connection with such transactions, lending to the foreign government or the foreign financial institutions concerned of the funds required for the smooth performance of such obligations;


  9.   Lending of funds to support the export/import, overseas investment and/or such overseas transactions as are defined under the Enforcement Decree as similar to the development of overseas natural resources;

 

  10.   Where Korean nationals, who are eligible to borrow the funds as prescribed in subparagraphs 1, 3, 4 and 5 above, borrow such funds from other financial institutions, guaranteeing of the obligations incurred in connection with such borrowing;

 

  11.   Guaranteeing of the obligations that arise in connection with the borrowing from other financial institutions by foreign governments, foreign financial institutions or foreigners who are eligible to borrow funds in accordance with subparagraphs 2, 6, 7, 8 and 9 above;

 

  12.   Carrying out foreign exchange business; and

 

  13.   Any other activity entrusted by the Korean government.

 

  (2)   Guaranteeing of the obligations under subparagraph 11 of paragraph (1) above shall be restricted to the guaranteeing of the obligations for the transactions prescribed by the Enforcement Decree in consideration of loan and guarantee amounts to be lent by the Bank to applicable foreign governments, foreign financial institutions or foreigners; a percentage of the loan amount in comparison with the sum of such loan and guarantee amounts; the guarantee volume of the Bank; and the assistance volume of export insurance under the Export Insurance Act.

 

  (3)   For the purpose of facilitating the exploitation of the Major Resources in foreign countries and of contributing to economic cooperation with foreign countries, the Bank shall, with the approval of the Committee, perform the following operations:

 

  1.   Lending to Korean nationals of the funds required for such preparation, investigation or acquisition of mining rights or other rights as necessary to undertake the projects for overseas exploitation of the Major Resources and of other funds to support overseas investments; and

 

  2.   Lending to Korean nationals, foreign governments or foreigners of the funds required for the projects which are considered conducive to the industrial development of particular overseas regions and also considered important for the promotion of an increase in economic exchanges between the Republic of Korea and such regions, or acquiring of bonds issued by such foreign governments or foreigners for the purpose of raising long-term funds necessary for such projects.

 

  (4)   The Bank may, with the approval of the Minister of Strategy and Finance, perform any other operations incidental to those provided for in paragraphs (1) and (3) above.

 

  (5)   The Bank may handle the matters pertaining to the operation and management of The Economic Development Cooperation Fund as provided for in The Economic Development Cooperation Fund Act.

 

  (6)   The Bank may handle the matters pertaining to the operation and management of The South and North Korea Cooperation Fund as provided for in The South and North Korea Cooperation Fund Act.


Article 27. (Borrowing of Funds and Limitations Thereon)

 

  (1)   For the purpose of raising the funds required for carrying on its business, the Bank may borrow funds from the Government, the Bank of Korea, foreign governments, international financial organizations or domestic and foreign financial institutions.

 

  (2)   The aggregate outstanding amount of borrowings and bonds which are made or issued pursuant to Paragraph (1) and Article 20 of the Act shall not exceed thirty (30) times the aggregate amount of paid-in capital and reserves of the Bank.

 

Article 27-2. (Capital Contribution to Corporations etc.)

 

The Bank may, in the event of any of the following, provide capital contributions (including underwriting of shares) to Korean or foreign corporations (including foreign corporations whose capital is contributed by Korean nationals) subject to the approval of the Minister of Strategy and Finance:

 

  1.   When capital contributions to the corporations are made to undertake the business funded by certain loans or guarantees pursuant to Paragraphs 1 through 3 of Article 18 of the Act in connection with such loans or guarantees;

 

  2.   When capital contributions are necessary to support research and studies with respect to operations pursuant to Article 18 of the Act, or to support fund raising operation pursuant to Articles 19 and 20 of the Act; or

 

  3.   When capital contributions are made in accordance with other laws.

 

Article 28. (Operation Program)

 

  (1)   The Bank shall prepare its operation program for each fiscal year and submit it to the Minister of Strategy and Finance not later than one month before the beginning of each fiscal year and shall obtain the approval for such program.

 

  (2)   In the operation program referred to in paragraph (1), the plan for supplying the funds provided in paragraphs (1) through (3) of Article 18 of the Act and the plan for raising the funds provided in Articles 4, 19 and 20 of the Act shall be set forth separately. Quarterly operation programs shall be attached to the annual operation program.

 

Article 29. (Operating Manual)

 

The Bank shall prepare an operating manual setting forth the methods and procedures of lending funds, discounting drafts or notes, and guaranteeing obligations under paragraphs (1) through (3) of Article 18 of the Act, and shall obtain the approval of the Minister of Strategy and Finance thereof after a resolution of the Committee. The same shall also be applied to any amendments to the operating manual.

 

Article 30. (Interest Rate, Discount Rate and Fee Rate of Guarantee)

 

Except where inevitable for maintaining the international competitiveness to facilitate the export, or for promoting the overseas investment or overseas exploitation of natural resources, the interest rates, discount rates and fee rates applicable to loans, discounts and guarantees extended under paragraphs (1) through (3) of Article 18 of the Act shall be so set as to cover the operating expenses, commissions for undertaking of delegated operations, interest on borrowed funds, and depreciation of assets which the Bank incurs.


Article 31. (Limitations on Operations)

 

  (1)   The Bank may lend funds, discount drafts or notes, or guarantee obligations under paragraphs (1) and (2) of Article 18 of the Act after a reliable and thorough examination concerning the repayment of loans, payment of drafts or notes, or discharge of obligations. The term of such repayment, payment or discharge shall be thirty (30) years or less.

 

  (2)   The term of lending of funds pursuant to paragraph (3) of Article 18 of the Act shall not be more than thirty (30) years.

 

  (3)   The limit of lending of funds pursuant to paragraph (3) of Article 18 of the Act by the Bank shall be the aggregate amount of the total funds contributed by or borrowed from the Government plus the total reserves and surplus of the Bank.

 

Article 32. (Prohibition of Competition with Other Financial Institutions)

 

The Bank shall not compete with other financial institutions in performing the operations provided for in Article 18 of the Act.

 

CHAPTER VI. EXPORT-IMPORT FINANCING BONDS

 

Article 33. (Export-Import Financing Bonds)

 

The Bank may issue export-import financing bonds as provided for in Article 20 of the Act, and Articles 19 through 31 of the Enforcement Decree.

 

CHAPTER VII. ACCOUNTING

 

Article 34. (Fiscal Year)

 

The fiscal year of the Bank shall commence each year on 1st of January and end on 31st of December.

 

Article 35. (Budget)

 

The Bank shall prepare the budget of revenues and expenditures for each fiscal year, and submit it to the Minister of Strategy and Finance for its approval not later than one (1) month before the beginning of each fiscal year.

 

Article 36. (Revised Supplementary Budget)

 

When it is necessary to revise the budget due to causes arising after the budget is adopted, the Bank may prepare a revised supplementary budget which shall be approved by the Minister of Strategy and Finance.

 

Article 37. (Contingency Fund)

 

  (1)   The Bank may include a contingency fund in its budget to cover unforeseeable expenditures not included in the budget or to be made in excess of the budget.

 

  (2)   When the Bank intends to use the contingency fund referred to in Paragraph (1), it shall obtain the approval of the Minister of Strategy and Finance.


Article 38. (Retirement Allowance)

 

The Bank may pay retirement allowances to its retiring executive officers and employees.

 

Article 39. (Bonus)

 

The Bank may pay bonuses to its executive officers and employees.

 

Article 40. (Study Allowances and Overseas Training Expenses)

 

The Bank may grant study allowances or provide overseas training expenses to its promising employees or other eligible persons.

 

Article 41. (Settlement of Accounts)

 

  (1)   Within two (2) months after the closing of each fiscal year, the Bank shall settle accounts and prepare financial statements for settlement of accounts such as a balance sheet, a profit and loss statement and a surplus disposition statement, a report on analysis of performance of the operational program, documents annexed to the financial statements and other documents supporting the above, and shall submit them to the Minister of Strategy and Finance.

 

  (2)   The Bank, after submitting the documents described in Paragraph (1), shall give public notice of them and keep the originals and/or copies of them at the head office, all branches, sub-branches and agencies.

 

Article 42. (Disposal of Profits)

 

The Bank shall dispose of its net profits for each fiscal year in the following order, after appropriating them for depreciation of assets:

 

  (1)   To reserve twenty percent of such net profit until the aggregate amount of reserves reaches its paid-in capital;

 

  (2)   To distribute preferentially to capital contributors other than the Government at the rate of not more than fifteen percent(15%) per annum, with the approval of the Minister of Strategy and Finance; and

 

  (3)   To use the net profits remaining after subtracting the reserves under subparagraph 1 and the dividend under subparagraph 2 with the approval of the Minister of Strategy and Finance after a resolution of the Committee.

 

Article 43. (Making up for Loss)

 

Any net loss incurred by the Bank during any fiscal year shall be covered by its reserves. If the reserves are insufficient to cover the net loss, the Government shall provide funds to cover such loss.

 

CHAPTER VIII. OTHER PROVISIONS

 

Article 44. (Method of Giving Public Notice)

 

All public notices of the Bank shall be by advertisement in one or more of the daily newspapers published in Seoul.


Article 45. (Delegation of Operations)

 

The Bank may delegate a portion of its operations to other financial institutions.

 

Article 46. (Use of Surplus Funds)

 

The Bank may use its surplus funds to the extent that such use shall not impede the carrying out of the operations prescribed in Article 18 of the Act, provided that the Minister of Strategy and Finance, if necessary, may restrict the method of such use.

 

Article 47. (Research)

 

The Bank may establish and operate the Overseas Economic Research Institute in order to perform research and investigations relating to the operations provided for in Article 26.

 

SUPPLEMENTARY PROVISIONS

 

Article 48. (Office Organization)

 

The office organization of the Bank shall be determined by the President after a resolution of the Board of Directors; however, the office organization established by a resolution of the Organizing Committee shall be regarded as established by this Articles of Incorporation.

 

Article 49. (Advisors and Part-time Employees)

 

The Bank may, when it deems necessary for the execution of its operations, employ Korean nationals and/or foreigners as advisors or part-time employees.

 

Article 50. (Scope of Application of the Articles of Incorporation)

 

In performing the operations provided for in Paragraphs (5) and (6) of Article 26, these Articles of Incorporation shall not be applied to the matters separately stipulated in the relevant laws and ordinances.

 

ADDENDA

 

Article 1 (Enforcement Date)

 

These Articles of Incorporation shall enter into force on the date of the Bank’s establishment.

 

Article 2 (Interim Measures)

 

The first fiscal year of the Bank shall cover the period from the date of establishment to December 31, 1976.

 

Article 3 (Signature of the Members of the Organizing Committee)

 

The following Organizing Committee members have hereby prepared these Articles of Incorporation pursuant to the provisions of Paragraph (2) of Article 2 of the Addenda to the Act, and have set their hands hereunder:

 

Choong-Hoon Cho

Vice-Minister of Finance

82, Sejong-ro, Chongro-ku, Seoul


In-Sang Song

President of the Export-Import Bank of Korea

10, Kwanchul-dong, Chongro-ku, Seoul

 

Yung-Gi Ha

Deputy Governor of the Bank of Korea

110, 3-ka, Namdaemoon-ro, Chung-ku, Seoul

 

Byung-Woo Ko

Assistant Minister for Financial Affairs of the Ministry of Finance

82, Sejong-ro, Chongro-ku, Seoul

 

Pil-Soo Park

Assistant Minister for Commerce and Trade of the

Ministry of Commerce and Industry

77, Sejong-ro, Chongro-ku, Seoul

 

Dong-Sun Ha

Director of the Finance Bureau of the Ministry of Finance

82, Sejong-ro, Chongro-ku, Seoul

 

In-Yong Jeong

Director of International Finance Bureau of the Ministry of Finance

82, Sejong-ro, Chongro-ku, Seoul

 

Wan-Mo Hong

Director and Deputy President of the Korea Exchange Bank

10, Kwanchul-dong, Chongro-ku, Seoul

 

Tae-Ho Lee

10, Kwanchul-dong, Chongro-ku, Seoul

 

ADDENDUM (1)

 

This amendment of the Articles of Incorporation shall enter into force on the 1st day of January, 1977.

 

ADDENDUM (2)

 

This amendment of the Articles of Incorporation shall enter into force on the 1st day of July, 1977.

 

ADDENDUM (3)

 

This amendment of the Articles of Incorporation shall enter into force on the 29th day of December, 1977.

 

ADDENDUM (4)

 

This amendment of the Articles of Incorporation shall enter into force on the 7th day of March, 1986.


ADDENDUM (5)

 

This amendment of the Articles of Incorporation shall enter into force on the 2nd day of May, 1987.

 

ADDENDUM (6)

 

This amendment of the Articles of Incorporation shall enter into force on the 17th day of November, 1987.

 

ADDENDUM (7)

 

This amendment of the Articles of Incorporation shall enter into force on the 13th day of March, 1989.

 

ADDENDUM (8)

 

This amendment of the Articles of Incorporation shall enter into force on the 16th day of December, 1989.

 

ADDENDUM (9)

 

This amendment of the Articles of Incorporation shall enter into force on the 13th day of February, 1991.

 

ADDENDUM (10)

 

This amendment of the Articles of Incorporation shall enter into force on the 30th day of June, 1992.

 

ADDENDUM (11)

 

This amendment of the Articles of Incorporation shall enter into force on the 4th day of December, 1992.

 

ADDENDUM (12)

 

This amendment of the Articles of Incorporation shall enter into force on the 28th day of February, 1994.

 

ADDENDUM (13)

 

This amendment of the Articles of Incorporation shall enter into force on the 14th day of June, 1995.

 

ADDENDUM (14)

 

This amendment of the Articles of Incorporation shall enter into force on the 16th day of February, 1998. Provided that the term of office of the Auditor being in office at the time of enforcement of these Articles of Incorporation shall, notwithstanding the revised provision of Article 10, be two (2) years.

 

ADDENDUM (15)

 

This amendment of the Articles of Incorporation shall enter into force on the 10th day of November, 1998.


ADDENDUM (16)

 

This amendment of the Articles of Incorporation shall enter into force on the 17th day of April, 2000.

 

ADDENDUM (17)

 

This amendment of the Articles of Incorporation shall enter into force on the 30th day of April, 2002.

 

ADDENDUM (18)

 

This amendment of the Articles of Incorporation shall enter into force on the 31st day of July, 2006.

 

ADDENDUM (19)

 

This amendment of the Articles of Incorporation shall enter into force on the 11th day of July, 2008.

EX-99.(M-1) 11 dex99m1.htm OPINION (INCLUDING CONSENT) OF CLEARY GOTTLIEB STEEN & HAMILTON LLP Opinion (including consent) of Cleary Gottlieb Steen & Hamilton LLP

Exhibit M-1

 

[Cleary Gottlieb Steen & Hamilton LLP Letterhead]

 

December 17, 2008

 

The Export-Import Bank of Korea

16-1, Youido-dong

Yongdeungpo-ku

Seoul 150-996

Korea

 

Ladies and Gentlemen:

 

We have acted as special United States counsel to The Export-Import Bank of Korea, a statutory juridical entity established in the Republic of Korea under The Export-Import Bank of Korea Act of 1969, as amended (the “KEXIM”), and The Republic of Korea (the “ROK”, and together with the KEXIM, the “Registrants”) in connection with the preparation and filing with the Securities and Exchange Commission (the “Commission”) under the Securities Act of 1933, as amended (the “Securities Act”), of the Registrants’ registration statement under Schedule B (the “Registration Statement”) relating to the offering from time to time, as set forth in the Registration Statement, the form of prospectus contained therein (the “Prospectus”) and one or more supplements to the Prospectus, of (1) the KEXIM’s unsecured debt securities (the “Securities”) and (2) any guarantees by the ROK of the Securities (the “Guarantees”). The Registration Statement relates to the Securities and the Guarantees having an aggregate initial public offering price or purchase price of up to U.S.$5,000,000,000 or the equivalent thereof. The Securities are to be issued in one or more series pursuant to a fiscal agency agreement dated as of August 1, 1991 (the “Fiscal Agency Agreement”) between the KEXIM and The Bank of New York (the “Fiscal Agent”).

 

We have reviewed the originals or copies certified or otherwise identified to our satisfaction of such instruments and other documents, and we have made such investigations of law, as we have deemed appropriate as a basis for the opinion expressed below.

 

Based on the foregoing, and subject to the further assumptions and qualifications set forth below, it is our opinion that the Securities will be valid, binding and enforceable obligations of the KEXIM, entitled to the benefits of the Fiscal Agency Agreement.

 

Insofar as the foregoing opinion relates to the validity, binding effect or enforceability of any agreement or obligation of the KEXIM, (a) we have assumed that the KEXIM and each other party to such agreement or obligation have satisfied those legal requirements that are applicable to it to the extent necessary to make such agreement or obligation enforceable against it (except that no such assumption is made as to the KEXIM regarding matters of the federal law of the United States of America or the law of the State of New York that in our experience normally would be applicable with respect to such agreement or obligation); (b) such opinion is subject to applicable bankruptcy, insolvency and similar laws affecting creditors’ rights generally and to general principles of equity; and (c) such opinion is subject to the effect of judicial application of foreign laws or foreign governmental actions affecting creditors’ rights. In addition, we note that the enforceability of the waiver of immunities by the KEXIM set forth in the Securities and Section 15 of the Fiscal Agency Agreement is subject to the limitations imposed by the Foreign Sovereign Immunities Act of 1976.

 

In rendering the opinion expressed above, we have assumed that each series of Securities will be issued with an original aggregate principal amount (or, in the case of any Securities issued at original issue discount, an aggregate issue price) of US$2,500,000 or more.


We have further assumed that (i) the Registration Statement and any amendments thereto (including post-effective amendments) will have become effective and comply with all applicable laws, (ii) the Registration Statement will be effective and will comply with all applicable laws at the time the Securities are offered or issued as contemplated by the Registration Statement, (iii) the terms of all Securities will conform to the forms thereof contained in the Fiscal Agency Agreement and will not violate any applicable law, result in a default under or breach of any agreement or instrument binding upon or violate any requirement or restriction imposed by any court or governmental body having jurisdiction over the KEXIM, (iv) the Securities will be issued, sold and delivered to, and paid for by, the purchasers at the price specified in, and in accordance with the terms of, an agreement or agreements duly authorized, executed and delivered by the parties thereto, (v) the KEXIM will authorize the offering and issuance of the Securities and will authorize, approve and establish the final terms and conditions thereof and will enter together with the Fiscal Agent into any necessary supplemental fiscal agency agreement relating to the Securities and will take any other appropriate additional action, and (vi) certificates, if required, representing the Securities will be duly executed and delivered and, to the extent required by the Fiscal Agency Agreement, duly authenticated and countersigned.

 

We express no opinion (i) as to the subject matter jurisdiction of any United States federal court to adjudicate any action relating to the Fiscal Agency Agreement where jurisdiction based on diversity of citizenship under 28 U.S.C. §1332 does not exist; or (ii) as to the provisions of the last sentence of Section 4(b) and the second sentence of Section 8(a) of the Fiscal Agency Agreement. We note that the designation in Section 15 of the Fiscal Agency Agreement of the United States federal courts sitting in The City of New York as the venue for actions or proceedings relating to the Fiscal Agency Agreement is (notwithstanding the waiver in Section 15 of the Fiscal Agency Agreement) subject to the power of such courts to transfer actions pursuant to 28 U.S.C. §1404(a) or to dismiss such actions or proceedings on the grounds that such a federal court is an inconvenient forum for such an action or proceeding.

 

With respect to any Securities that may be issued in a currency other than U.S. dollars, we note that by statute New York provides that a judgment or decree rendered in a currency other than the currency of the United States shall be converted into U.S. dollars at the rate of exchange prevailing on the date of entry of the judgment or decree. There is no corresponding Federal statute and no controlling Federal court decision on this issue. Accordingly, we express no opinion as to whether a Federal court would award a judgment in a currency other than U.S. dollars or, if it did so, whether it would order conversion of the judgment into U.S. dollars.

 

The foregoing opinion is limited to the federal law of the United States of America and the law of the State of New York.

 

We hereby consent to the filing of this opinion as an exhibit to the Registration Statement, to the incorporation by reference of this opinion in any registration statement relating thereto filed by the Registrants with the Commission pursuant to Rule 462(b) under the Securities Act and to the references to us under the heading “Legal Matters” in the Prospectus and any prospectus relating to any such other registration statement. In giving such consent, we do not thereby admit that we are within the category of persons whose consent is required under Section 7 of the Securities Act or the rules and regulations of the Commission thereunder.

 

Very truly yours,

CLEARY GOTTLIEB STEEN & HAMILTON LLP

By

  /s/    JINDUK HAN        
  Jinduk Han, a Partner
EX-99.(M-2) 12 dex99m2.htm OPINION (INCLUDING CONSENT) OF LEX PROFESSIONAL CORPORATION Opinion (including consent) of LEX Professional Corporation

Exhibit M-2

 

[LEX Professional Corporation Letterhead]

 

December 17, 2008

 

The Export-Import Bank of Korea

16-1 Yeouido-dong, Yeoungdeungpo-gu,

Seoul 150-996, Republic of Korea

 

  Re:   The Export-Import Bank of Korea and The Republic of Korea: Registration Statement under Schedule B of the Securities Act of 1933, as amended

 

Dear Madams and Sirs:

 

We have acted as Korean counsel for The Export-Import Bank of Korea (the “EXIM”), a statutory juridical entity duly established pursuant to the Export-Import Bank of Korea Act of 1969, as amended (the “Eximbank Act”) and validly existing under the laws of the Republic of Korea (the “Republic”), and the Republic (together with EXIM, the “Registrants”) in connection with the filing by the Registrants of a registration statement (the “Registration Statement”) under Schedule B of the Securities Act of 1933 of the United States of America, as amended (the “Securities Act”) with the Securities and Exchange Commission (the “Commission”) relating to the offering, from time to time, as set forth in the Registration Statement of (i) the EXIM’s debt securities (the “Debt Securities”) and (ii) the guarantees by the Republic of obligations of the EXIM (the “Guarantees”). The Registration Statement relates to the Debt Securities and the Guarantees having an aggregate initial public offering price or purchase price up to U.S.$5,000,000,000 (or the equivalent in any other currency). The Debt Securities are to be issued in one or more series in accordance with the Fiscal Agency Agreement dated August 1, 1991 (the “Fiscal Agency Agreement”) executed between the EXIM and the fiscal agent named therein (the “Fiscal Agent”).

 

We have reviewed the originals or copies, certified or otherwise identified to our satisfaction of such instruments and other documents, and we have made such investigations of law, as we have deemed appropriate as a basis for the opinion expressed below.

 

In such examination, we have assumed the genuineness of all signatures, seals and stamps, the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as copies thereof, and the authenticity of the originals of such copies, and we have found nothing to indicate that such assumptions are not fully justified. As to any facts material to this opinion that we did not independently establish or verify, we have relied upon statements and representations of officers and other representatives of the Registrants.

 

In providing this opinion, we have further assumed in relation to the documents (other than by or in relation to the Registrants) which we examined that all such documents are within the capacity and powers of and have been validly authorized, executed and delivered by the relevant parities thereto, and are legal, valid binding and enforceable in accordance with their respective terms under the law of the State of New York by which they are expressed to be governed, and there has been no breach of any of the terms thereof.


In addition, and without prejudice to the generality of the immediately preceding paragraph, in arriving at the opinion expressed below, we have reviewed the following specific documents relating to the Debt Securities and the Guarantees:

 

  (a)   the Registration Statement;

 

  (b)   the prospectus contained in the Registration Statement (the “Prospectus”); and

 

  (c)   an executed copy of the Fiscal Agency Agreement.

 

As to any other matters of fact material to the opinion expressed herein, we have made no independent inquiry and have relied solely upon the certificates or oral or written statements of officers and other representatives of the Registrants.

 

We are admitted to practice law in the Republic, and the legal opinions provided herein are confined to and given on the basis of the laws of the Republic in effect as at the date hereof. We do not represent ourselves to be familiar with the laws of any jurisdiction other than the Republic, and we do not pass upon nor express any opinion in respect of those matters that are governed by or construed in accordance with any of such laws.

 

Based upon the foregoing, and subject to further qualifications set forth below, we are of the opinion that:

 

  1.   The EXIM is a statutory juridical entity duly established under the Eximbank Act and validly existing under the laws of the Republic, with power and authority to own its properties and conduct its business as described in the Prospectus forming a part of the Registration Statement;

 

  2.   The Fiscal Agency Agreement has been duly authorized and executed by the EXIM;

 

  3.   The statements in the Prospectus concerning matters related to the laws of the Republic are accurate and up-to-date as of the date hereof in all material respects;

 

  4.   When the Debt Securities are duly authorized by all necessary actions and issued by the EXIM as contemplated in the Registration Statement, duly authenticated by the Fiscal Agent in accordance with the provisions of the Fiscal Agency Agreement, and have been duly paid for and delivered to by the purchasers thereof, the Debt Securities will constitute legally valid, binding and enforceable obligations of the EXIM; and

 

  5.   When the Guarantees are duly authorized and approved by the Republic by all necessary actions by both the EXIM and the Republic in accordance with the Rules for the State Guarantee of External Debt of Korean Banks, as may be amended from time to time, the Guarantees will constitute legally valid, binding and enforceable obligation of the Republic.

 

We express no opinion as to any agreement, instrument or other documents other than as specified in this opinion.

 

This opinion is subject to the following reservations and qualifications that enforcement may be limited or affected generally by (i) the bankruptcy, insolvency, liquidation, reorganization, rehabilitation or the restructuring of the EXIM pursuant to the laws of the Republic now in force or subsequently enacted which generally affect the enforcement of creditors’ rights and (ii) the general principles of good morals and public order as provided in the Civil Code of the Republic.


This opinion is limited to the matters addressed herein and is not to be read as an opinion with respect to any other matter. This opinion is given with respect to the laws of the Republic as currently in effect and we do not pass upon and we express no opinion in respect of those matters governed by or construed in accordance with the laws of any jurisdiction other than the Republic.

 

We hereby consent to the filing of this opinion as an exhibit to the Registration Statement and to the reference to us under the caption “Legal Matters” in the Registration Statement filed by the Registrants with the Commission, without thereby admitting that we are “experts” under the Securities Act or the rules and regulations of the Commission thereunder for the purpose of any part of the Registration Statement, including the exhibit as which this opinion is filed.

 

Very truly yours,

 

/s/    LEX PROFESSIONAL CORPORATION

LEX Professional Corporation
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