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24 Air & Space Law. 1 (2011-2012)

handle is hein.journals/airspaclaw24 and id is 1 raw text is: AIR

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AMERICAN BAR ASSOCIATION

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VOLUME 24, NUMBER 1, 2011

The 2011 Aircraft Sector
Understanding: Calming the
Turbulent Skies
By Dean N. Gerber

In response to the significant reduction in cred-
it available from commercial banks and capital
markets in recent years due to the global eco-
nomic downturn, export credit agencies (ECAs) of
the countries that produce commercial aircraft sig-
nificantly increased their support for new aircraft
from approximately 15-20 percent of total deliver-
ies to 30-40 percent. This increased support gave
rise to accusations of unfairness in ECA financing
availability. It also united rival manufacturers and
pitted airlines and commercial banks against gov-
ernments in a dispute over the role ECAs play in
supporting sales of commercial aircraft. In response
to this dispute and the perceived inadequacies in

the existing rules governing ECA-sponsored financ-
ing, representatives from the United States, the
European Union, Canada, Brazil, and Japan met
in Paris in February 2011 and agreed to a new
understanding to the arrangement on officially
supported ECAs for civil aircraft. The new under-
standing, called the Aircraft Sector Understanding
(2011 ASU),' supersedes the 2007 Aircraft Sector
Understanding (2007 ASU).2
The Large Aircraft Sector Understanding
For many years, ECA financing has played a sig-
nificant role in supporting the sale of new aircraft.
continued on page 14

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