Compañía Española de Seguros de Crédito a la Exportación, S.A. Cía de Seguros y Reaseguros, (SME), (hereinafter CESCE), is a State corporation created in 1971, 50.25% of whose social capital is held by the Spanish State, and which acts as Managing Agent on behalf of the State covering the risks of internationalisation, in accordance with the provisions of Law 8/2014, of 22 April, on coverage for the account of the State of the risks of the internationalisation of the Spanish economy.
CESCE is part of the State’s institutional public sector pursuant to Articles 84 and 111 of Law 40/2015 of the public sector’s legal framework. Consequently, the contracts entered by the company are considered private contracts, even though its contracting regime shall adjust to the present Contracting Regulations, and, in the alternative, where applicable due to its status as a “non-contracting authority”, according to is private legal nature and mercantile character, pursuant to the established in Articles 3, 321 and 322 of Law 9/2017, of 8 November, on Public Sector Contracts (LCSP, its Spanish acronym), by which the European Parliament and Council Directives 2014/23/EU and 2014/24/EU of 26 February 2014 are transposed into Spanish legislation, and to Instruction no. 3/2018 of 6 March of the State Attorney General – Directorate of the State’s Legal Services on “contracting by public sector entities that do not qualify as contracting authorities”.
- The State holds a majority share in CESCE’s capital;
- Its business activities are of general interest, instrumenting technical assistance , cooperation and the promotion and development of export activities on behalf of the State;
- It is subject to control by the public authorities;
The Company has established on the aforementioned legal basis internal regulations and a general, objective procedure for the award of contracts in compliance with the following principles provided for under Art. 321 of the LCSP:
- The principle of competition, which aims to insure that any interested party can participate in a tendering and contract process by submitting a bid or proposal.
- The principle of publicity requiring that a sufficient number of potentially interested parties can be aware of a call for competition The call for tender will preferably be published on the Public Sector Contracting Platform, but also may be made via CESCE’s web page, the DOUE, BOE and in newspapers or national or local publications, depending on the type or scope of the contract.
- The principle of confidentiality, defined in Article 133 of the LCSP in its twin aspects referring to the Contracting Authority and to the contractor, ensures that the criteria of maximum discretion and prudence are implemented in the process of award, without the required publicity undermining the interest of the contractor. The information marked as confidential by the bidders when submitting their bids must not be disclosed. The contractor’s duty of confidentiality extends to the information to which he has access when executing the contract, which has been so dealt with in the specifications or in the contract, or which due to its nature should be handled as such. This obligation is maintained during a term of 5 years from knowledge of this information, save the specifications establish another longer term.
In addition to these principles, others are applied such as transparency, equal treatment and non-discrimination, all in accordance with the provisions regarding the obligations of companies considered “non-contracting authorities” under Public Sector Contract Law (LCSP) and the rules and principles applicable deriving from Law 19/2013, of 9 December, on Transparency, Access to Public Information and Good Governance.
Relevant information on CESCE’s contracting is permanently updated on the Company’s web site and through the Public Sector Contracting Platform.
In accordance with the provisions of Article 321.2 of LCSP, and pursuant to Instruction no. 3/2018 of 6 March by the State Attorney General – Directorate of the State’s Legal Services on “contracting by public sector entities that do not qualify as contracting authorities”, application of the present Internal regulations shall be facultative, and the Company may, provided it is properly justified in the Contracting Documents, and authorized by the Company’s Executive Committee, proceed to contracting without applying the Instructions, complying in any case with the preceding principles and regulations established in the aforementioned Article 321.2.
In order to ensure the transparency of contracting and public access to information without detriment to other voluntarily selected means of publicity, the Company publishes its contractor’s profile on the State Contracting Platform and through the appropriate links,
- a) on the Company website,
- b) in the advertisements on eventual contracting and on contract awards.
Phone: 902 11 10 10
Internal Contracting Regulations
Internal regulations and procedures applicable to the award of contracts.
On this website, CESCE publishes its internal regulations on contracting.
Link to the State Contracting Platform (PLACE by its Spanish acronym)
Law on Transparency (Contracts)
According to our regulations, the information on minor contracts and on contracts handled in open procedures can be accessed on the State Contracting Platform. For all others, please click here.