16 Export performance

16  Export performance

(1)     A subsidy that is contingent in law or in fact, whether solely or as one of several other conditions, upon export performance relating to goods or services is prohibited by this section.

(2)     But this section does not prohibit a subsidy in the form of—

(a)     short-term export credit insurance against risks that are not marketable risks, or

(b)     an export credit, export credit guarantee or insurance programme that is permissible in accordance with the SCM Agreement.

(3)     In this section—

“export credit insurance” means insurance against commercial or political risks relating to the payment obligations of public

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