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Tied aid vs untied aid under OECD rules

Published · By Stonewake · Export finance

Tied aid vs untied aid under the OECD Arrangement turns on whether aid proceeds are tied to procurement from the donor country and a limited set of other countries, or are freely available for procurement more broadly.

The Arrangement treats the two categories differently. It applies to tied aid. Its Chapter IV procedures also apply to trade related untied aid. An OECD explainer states that the Arrangement does not set rules for untied aid as such, while still subjecting trade related untied aid to transparency procedures.

This distinction sits beside official export credit support. Official support can take the form of pure cover, meaning guarantee or insurance, or official financing support, meaning direct credit, refinancing or interest rate support. Tied aid is a separate policy track with its own eligibility and concessionality disciplines.

Tied aid vs untied aid as procurement concepts

According to the OECD explainer on the Arrangement, tied aid, including partially untied aid, is aid which is in effect tied to the procurement of goods and/or services from the donor country and to a limited number of other countries. Untied aid is aid whose proceeds are fully and freely available for procurement of goods and/or services in all OECD countries and in substantially all other countries.

The OECD Arrangement Annex definitions follow the same institutional logic. Tied aid is aid which is in effect, in law or in fact, tied to procurement. Untied aid includes loans or grants whose proceeds are fully and freely available. The practical credit point is procurement freedom, not the mere presence of concessional funding.

Complementary policies for export credits and tied aid

Participants have agreed complementary policies for export credits and tied aid. Export credit policies should be based on open competition and the free play of market forces. Tied aid policies should provide needed external resources to countries, sectors or projects with little or no access to market financing. Tied aid policies should ensure best value for money, minimise trade distortion, and contribute to developmentally effective use of these resources.

The tied aid provisions of the Arrangement do not apply to the aid programmes of multilateral or regional institutions. That exclusion keeps multilateral concessional programmes outside the Participant tied aid rule set described for bilateral official support.

Forms of tied aid and associated financing

Tied aid can take the form of Official Development Assistance loans, Official Development Assistance grants, and associated financing packages that mix components under the donor, lender or borrower control described in the Arrangement. Associated financing can combine officially supported export credits with other funds at or near market terms or with purchaser down payments.

This matters for tied vs untied financing analysis because a package may contain both Arrangement export credit support and aid components. The tying status and the concessionality calculation then become part of the official support characterisation.

Country eligibility and minimum concessionality

The Arrangement restricts country eligibility for tied aid. Participants shall not provide tied aid to countries whose per capita GNI, according to World Bank data, is above the upper limit for lower middle income countries. The World Bank recalculates this threshold annually. A country is reclassified only after its World Bank category has been unchanged for two consecutive years.

Minimum concessionality is also fixed. Participants shall not provide tied aid that has a concessionality level of less than 35%, or 50% if the beneficiary country is a Least Developed Country, except for stated exemptions in the Arrangement text. Those floors are institutional constraints on how soft the tied aid package may be when it remains inside the tied aid disciplines.

Transparency is part of the Arrangement architecture. Prior notification rules apply to trade related untied aid and trade related tied aid according to value and concessionality thresholds. The Arrangement text identifies notification cases involving values of SDR 2 million or more and concessionality levels below 80%, as well as smaller value cases with lower concessionality or grant element thresholds, with stated exceptions.

The Arrangement applies to tied aid, and Chapter IV procedures also apply to trade related untied aid. That is why trade related untied aid appears in notification practice even though the OECD explainer states that the Arrangement does not set rules for untied aid in the same way it disciplines tied aid terms.

Project eligibility and commercial viability tests

The Arrangement also disciplines where tied aid may be used. Tied aid shall not be extended to public or private projects that normally should be commercially viable if financed on market or Arrangement terms. The key tests described in the Arrangement materials include whether the project is financially non viable, meaning whether it lacks capacity to generate cash flow sufficient to cover operating costs and to service debt on market or Arrangement terms, and whether it is appropriate to finance the project with concessional resources rather than commercial export credits.

Those tests sit beside the country eligibility and minimum concessionality rules. Together they frame tied aid as a constrained exception path rather than a discretionary softener of ordinary export credit competition. Untied aid, by contrast, is defined through procurement freedom of proceeds and is not given the same full tied aid termbook in the OECD explainer, even where trade related untied aid is subject to Chapter IV procedures.

Credit desk implications

For bank and export credit agency desks, tied aid vs untied aid is a classification of official support and procurement conditionality. Tied aid is procurement restricted and subject to Arrangement tied aid disciplines, including country eligibility and minimum concessionality. Untied aid has freely available proceeds for broad procurement, and the Arrangement's main engagement with it in the verified texts is through trade related transparency procedures rather than a full substitute rulebook for all untied aid.

The comparison also keeps export credits and aid conceptually separate. Export credits are intended to rest on market competition. Tied aid is reserved for contexts with little or no access to market financing and is constrained to limit trade distortion. A financing package that mixes both requires careful identification of each component.

Related terms

Sources

  1. [1]OECD Arrangement
  2. [2]OECD Export Credits
  3. [3]OECD Legal

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