(1) The Finance Minister may, on behalf of the Commonwealth, enter into a contract guaranteeing the performance by the Institute of obligations incurred by it under section 42B.
(2) If the Finance Minister determines in writing that obligations incurred by the Institute under section 42B are guaranteed by the Commonwealth, the obligations become so guaranteed.
(3) A contract under subsection ( 1) may include:
(a) a provision agreeing that proceedings under the contract may be taken in courts of a foreign country; or
(b) a provision waiving the immunity of the Commonwealth from suit in courts of a foreign country.