!aaassseee      111:::999888-­-­-cccvvv-­-­-000222000888888-­-­-GGGKKK                  DDDooocccuuummmeeennnttt      222444000-­-­-111111                  FFFiiillleeeddd      000555///222333///000888                  PPPaaagggeee      111      ooofff      333

Exhibit 11

 !aaassseee      111:::999888-­-­-cccvvv-­-­-000222000888888-­-­-GGGKKK                  DDDooocccuuummmeeennnttt      222444000-­-­-111111                  FFFiiillleeeddd      000555///222333///000888                  PPPaaagggeee      222      ooofff      333

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UN1X~D STATICS OF AMERICA
ex tel. Robert R. PURCELL,
Plaintiffs,

MWI CORPORATION and
DAVID ELLER, ’
Defendants.

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Civil No. 1:98CIV02088 RMU

DECLARATION OF DAVID SENA
1. My name is David Sena. I currently ho~d the position of Acting Deputy
Treasurer-Controller at the Export-Import-Banlc-of-the-United State.s ("Eximbank"). Between
2002 and the present, I have atso servrd as Supervisory Fifianeial Analyst responsible for the
Budget Reports Office within the Of-flee of the Chief Financial Officer at the Eximbank. The
information provided in this declaration is based on personal knowledge that I gained during my
employment with the ETdmbank.
’ 2.

Al~t d~fgfil~iii~Sn the eight Moving Waters,. Inc. (’~WI") loans at issue in this

lawsuit, the Federal Republic of Nigeria (’~’,ligefia") repaid those loans in 2002.
3.

Nevertheless, Nigeria remained in arrears on other Eximba~¢ loans. All of these

loans - totaling $973.5 million (including late interest) on August 15, 2002 -v~ere older than the
eight MWI loans that were repaid. Some of the loans were also more expensive for Nigeria than
the MWI loans, in that they had higher interest rates.

 !aaassseee      111:::999888-­-­-cccvvv-­-­-000222000888888-­-­-GGGKKK                  DDDooocccuuummmeeennnttt      222444000-­-­-111111                  FFFiiillleeeddd      000555///222333///000888                  PPPaaagggeee      333      ooofff      333

4. The total outstanding Nigerian debt increased to $974.6 million by 2006. That
year,’ $618,6 million of the debt was forgiven through a Pads Club agreement. The Pads Club is
a group of nineteen member-creditor Countries that meet regularly Lu Pads to discuss and provide
debt relief to qualifying debtor countries. The debts forgiven through this Paris Club agreement
were neve~ repaid, will never be repaid, and are permanent losses to the United States.
5.

Eximbank has an insurance program which operates differently from the direct

loan program at issue in this ca.se. Eximbank pays brokers to help promote Bximbank’s
insurance products and to assist exporters in applying for and working with Eximbank insurance.
While the exporter pays the insurane6 premiums, Eximbank pays the insurance broker’s
commission.
6. The broker commission percentages that E~imbank pays are a percentage of the
insurance premium, not the total insurance policy. The average insurance premium under the
short-term insurance program between FY1994 and FY2006 has been 0.88 percent of the total
policy amount.

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I declare under penalty of perjury that the foregoing is true and correct to the best of my
information and belief.

Executed this the 2 ~- day of April, 2007.

David Sena

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