Glossary entry

French term or phrase:

contre garantie

English translation:

counter guarantee

Added to glossary by Rosaria Solange Alves Mendonca
Oct 16, 2008 16:38
16 yrs ago
18 viewers *
French term

contre garantie

French to English Law/Patents Finance (general)
About an invitation to tender:

Si la garantie de bonne fin est fournie sous forme de caution bancaire, le candidat retenu devra la constituer auprès de la Banque Nationale d'Algérie et CONTRE GARANTIE par une banque de premier ordre de son pays.

SO far I translated like this:
If the good implementation guarantee is delivered in the form of a bank guarantee, the chosen candidate will have to deliver it to the National Bank of Algeria and this AGAINST GUARANTY(?) by a first rate bank in his country.

Can we actually say AGAINST GUARANTEE in this context?

Discussion

wfarkas (X) Oct 17, 2008:
You are dealing here with a back-to-back arrangement between the BNA and a Tier-1 bank of the bidder's country.
Julie Barber Oct 17, 2008:
la constituer "la constituer" is not to deliver it, it is to take it out with
Rob Grayson Oct 16, 2008:
You'll want to check your translation of "guarantee de bonne fin": as far as I'm aware, "good implementation guarantee" is pretty meaningless.

Proposed translations

4 hrs
Selected

counter guarantee

1) "garantie de bonne fin" = "performance bond" or "completion bond". Aka "garantie d'achèvement", not to be confused with "garantie de PARFAIT achèvement" which pertains to the quality of the works and the defects liability period.

2) "constituer auprès de la Banque" - for me this means not "deliver it to the National Bank" but "have the bond provided/backed by the Bank". Maybe Algerian banks have a reputation for defaulting, I don't know, so the client wants a counter-guarantee from a bank in the contractor's country, i.e. an agreement between banks that one will reimburse the other. All the more important in this day and age of financial collapse when even national European banks have not been lending each other money!

1. HOW TO GUARANTEE CONTRACTOR PERFORMANCE ON INTERNATIONAL ...
... ON INTERNATIONAL CONSTRUCTION PROJECTS: COMPARING SURETY BONDS WITH BANK ... EACH BANK ISSUED A COUNTER-GUARANTEE TO THE NEXT BANK in the chain. ...
findarticles.com/p/articles/mi_qa5433/is_200501/ai_n21368684/pg_23

Al Ahli Bank of Kuwait sent a telex call to the petitioner demanding full payment of its PERFORMANCE BOND COUNTER-GUARANTEE. ...
www.supremecourt.gov.ph/jurisprudence/2004/jul2004/140047.h...

1. Procurement law for CONSTRUCTION AND ENGINEERING works and ... - Google Books Result
by R. W. Craig - 1999 - Law - 924 pages
The third COUNTER- GUARANTEE was not properly called because it required a statement as to obligation to pay, and therefore Lloyds Bank was not liable under ...
books.google.com/books?isbn=0632049278...

Typically, the BOND is. given to the overseas buyer by a BANK IN HIS OWN COUNTRY . The local bank in turn is the BENEFICIARY OF A COUNTER-GUARANTEE issued by ...
www.ecgd.gov.uk/bond_insurance_policy___contract_bonds_and_...

Through a COUNTER GUARANTEE, Atradius commits itself irrevocably and virtually unconditionally to REIMBURSE THE BOND OR GUARANTEE-ISSUING BANK for the ...
www.atradius.com/nl/en/dutchstatebusiness/products/contraga...
Note from asker:
thank you for the translation of GARANTIE DE BONNE EXECUTION. it is indeed PERFORMANCE BOND!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you for the detailed explanation! And I would like to thank all of you for pointing out the other parts of the sentence which needed revision. "
+4
5 mins

counter-guarantee

Des décisions concernant le cautionnement de garanties couvertes par la contre-garantie du Land ne pouvaient pas être prises sans l'approbation des représentants du gouvernement du Land.

Decisions to grant guarantees covered by the counter-guarantee of the Land could not be taken without the assent of the representatives of the Land Government.
Peer comment(s):

agree Jocelyn Fong : agree
28 mins
thanks
agree Rob Grayson : Yes, though the appropriate wording is "must be counter-guaranteed"
42 mins
thanks
disagree Sandra & Kenneth Grossman : a "counter-guarantee" translation is grammatically incorrect
2 hrs
agree Bourth (X)
4 hrs
thanks
agree canaria : counter guaranteed by a first class bank
17 hrs
thanks
agree Julie Barber : personally I'd call it a "counter-indemnity" which is taken out to guarantee a "performance bond" (the initial guarantee for the works)
18 hrs
thanks
Something went wrong...
+3
1 hr

against a guarantee

I don't think this is "counter guarantee", though I see how confusion could arise by thinking that this is somehow in opposition to the "caution bancaire". It is just a description of how the "caution bancaire" should be set up.

"... would be willing to fund against a "first-class" bank guarantee from ...... advisor to U.S Ex-Im Bank for its Project Finance Division. ..."
www.bradynet.com/bbs/askbradynet/100145-0.html

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Note added at 1 hr (2008-10-16 17:51:46 GMT)
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Also note the lack of any indefinite article. By analysing the sentence: "... le candidat retenu devra la constituer/ auprès de la Banque Nationale d'Algérie et/ CONTRE GARANTIE par une banque de premier ordre de son pays; perhaps this becomes clearer.
Peer comment(s):

agree Esther Lavedrine : Yes, definitely.
57 mins
Thanks Esther
agree Sandra & Kenneth Grossman
1 hr
Thanks Sangro
agree rkillings
11 hrs
Thanks rk
neutral Julie Barber : as the text says that the guarantee should be set up with the Bank of Algeria, how can it be the case that it is also taken out with a different bank? unless they are indeed talking about a counter-indemnity
17 hrs
My understanding was that the guarantee would be payable to the bank of Algeria, with whom the guarantee would be lodged.
Something went wrong...
1 hr

guarantee/security against a bank ...

for contre garantie in English pls. see:
http://www.granddictionnaire.com/btml/fra/r_motclef/index800...
Something went wrong...
11 hrs

against security

Use this without doubt.
Something went wrong...
20 hrs

back-to-back guarantee

Also called 'reciprocal credit'.
Something went wrong...
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