If debt is contracted in foreign currency, the Government must provide a commitment that the debtor will always be able to purchase foreign currency to service its debt and that no capital account restrictions will be imposed to prevent the debtor from paying its creditors.
Beside the commercial viability of the infrastructure project, the other key requirement for raising finance for commercial projects is an institutional framework that guarantees the legal rights of creditors, including appropriate legislation and honest and efficient commercial courts. If the domestic legal framework is not perceived as being adequate, creditors may require that any disputes be settled in a foreign jurisdiction.