West Virginia Code § 33-8-17

Same - Foreign investments and foreign currency exposure
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(a) Subject to the limitations of section ten of this article, an insurer may acquire foreign
investments, or engage in investment practices with persons of or in foreign jurisdictions, of
substantially the same types as those that an insurer is permitted to acquire under this
article, other than of the type permitted under section twelve of this article, if, as a result
and after giving effect to the investment: e
(1) The aggregate amount of foreign investments then held by the insurer under this
subsection does not exceed twenty percent of its admitted assets; and
(2) The aggregate amount of foreign investments then held by the insurer under this
subsection in a single foreign jurisdiction does not exceed ten percent of its admitted assets
as to a foreign jurisdiction that has a sovereign debt rating of SVO 1 or three percent of its
admitted assets as to any other foreign jurisdiction.
(b) Subject to the limitations of section ten of this alrticle, an insurer may acquire
investments, or engage in investment practicess denominated in foreign currencies, whether
or not they are foreign investments acquired under subsection (a) of this section, or
additional foreign currency exposure as a iresult of the termination or expiration of a hedging
transaction with respect to investmegnts denominated in a foreign currency, if:
(1) The aggregate amount of investments then held by the insurer under this subsection
denominated in foreign currencies does not exceed ten percent of its admitted assets; and
(2) The aggregate amount of investments then held by the insurer under this subsection
denominated in the foreign currency of a single foreign jurisdiction does not exceed ten
percent of its admitte d assets as to a foreign jurisdiction that has a sovereign debt rating of
SVO 1 or threVe percent of its admitted assets as to any other foreign jurisdiction; an
investment will not be considered denominated in a foreign currency if the acquiring insurer
enters into one or more contracts in transactions permitted under section eighteen of this
article and the business entity counterparty agrees under the contract or contracts to
exchange all payments made on the foreign currency denominated investment for United
States currency at a rate which effectively insulates the investment cash flows against future
changes in currency exchange rates during the period the contract or contracts are in effect.
(c) In addition to investments permitted under subsections (a) and (b) of this section, an
insurer that is authorized to do business in a foreign jurisdiction, and that has outstanding
insurance, annuity or reinsurance contracts on lives or risks resident or located in that
foreign jurisdiction and denominated in foreign currency of that jurisdiction, may acquire
foreign investments respecting that foreign jurisdiction, and may acquire investments
denominated in the currency of that jurisdiction, subject to the limitations of section ten of
this article. However, investments made under this subsection in obligations of foreign
governments, their political subdivisions and government-sponsored enterprises will not be
subject to the limitations of section ten of this article if those investments carry an SVO
rating of 1 or 2. The aggregate amount of investments acquired by the insurer under this
subsection may not exceed the greater of:
(1) The amount the insurer is required by the law of the foreign jurisdiction to invest in the
foreign jurisdiction; or
(2) One hundred fifteen percent of the amount of its reserves, net of reinsurance, and other
obligations under the contracts on lives or risks resident or located in the foreign
jurisdiction.
(d) In addition to investments permitted under subsections (a) anud (b) of this section, an
insurer that is not authorized to do business in a foreign jurisdiction, but which has
outstanding insurance, annuity or reinsurance contracts on lives or risks resident or located
in that foreign jurisdiction and denominated in foreign currency of that jurisdiction, may
acquire foreign investments respecting that foreign juraisdiction, and may acquire
investments denominated in the currency of that jurisdiction subject to the limitations of
section ten of this article. However, investments mlade under this subsection in obligations of
foreign governments, their political subdivisiosns and government-sponsored enterprises are
not subject to the limitations of section ten of this article if those investments carry an SVO
rating of 1 or 2. The aggregate amount of investments acquired by the insurer under this
subsection may not exceed one hundgred five percent of the amount of its reserves, net of
reinsurance, and other obligations under the contracts on lives or risks resident or located in
the foreign jurisdiction. e
(e) Investments acquired under this section shall be aggregated with investments of the
same types made under all other sections of this article, and in a similar manner, for
purposes of determining compliance with the limitations, if any, contained in the other
sections. Investments in obligations of foreign governments, their political subdivisions and
government-sponsored enterprises of these persons, except for those exempted under
subsections (c) and (d) of this section, are subject to the limitations of section ten of this
artiWcle.

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