Professional Documents
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Trade Finance Talks Issue 2
Trade Finance Talks Issue 2
Trade Finance
talks
Summer 2019
tradef inanceglobal.com
Trade Finance Talks 1
Thanks to
Moor Finn Partners
Peter Mulroy
Gwendoline de Viron
Grace Lordan
Christoph Gugelmann
Andre Casterman
Dr Kerstin Caroline Braun
Doreen Fick
Steven Beck
Baris Kalay
Dr Rebecca Harding
Martin Smith
Marcus Dolman
Geoffrey de Mowbray
Michelle Treasure
Richard Simon Lewis
Carl Patrick Stephen Hunter
Jacco de Jong
Carter Hoffman
Ulrich Brink
Charles Nahum
Geoffrey Wynne
Richard Bishop
Sean Edwards
ITFA
FCI
BCR Publishing
Assistant Editor
Carter Hoffman
Photographs and
Illustrations
Freepik Company S.L.
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Deepesh Patel
Editor, Trade Finance Global
Welcome to our second edition of Trade Finance Talks by TFG, our publication which brings
together trade expertise, education and thought leadership on international trade and
receivables finance.
The first half of 2019 has been ripe with developments. From Brexit, to US-China trade wars,
the macroeconomic environment has seen vast shifts, contributing to an entirely new
global outlook, accelerating the pace of change for global trade. The intense regulatory
environment, born out of these and other threats, have created many challenges for firms
in all areas of international trade. Given all of this, businesses must still do what they can to
seek opportunities amidst the somewhat gloomy landscape. At the end of the day, trade
must go on.
In this second issue of Trade Finance Talks, we will explore the trade gap, that is, the gender
gap, the finance gap, and the interoperability gap. We will explore ideas surrounding
how to encourage and bolster female participation within the male dominated trade
finance industry, dive into $1.5 trillion finance gap, and look into reasons why many of the
technological tools employed by the industry lack the ability to operate with one another
and why this needs to change in the future.
We thank our contributors, partners and sponsors for making Trade Finance Talks happen.
Deepesh Patel
Editor
10
export opportunity
12
40 3.4 DLT, Blockchain and International Trade –
Where are we at today?
Doreen Fick
ABSA
20 40
28 45
30 50
Richard Simon Lewis Charles Nahum
UK Export Finance Finacity
32 52
36 54
Peter Mulroy
Secretary General, FCI
INTRODUCTION
This special edition of Trade Finance annual global volume 50 years later. following ten-year period, FCI would
Talks launches what we hope will be In fact, FCI released its 2018 official report an increase in volume to EUR
a special annual edition and preview figures for the world factoring market 2.76 Trillion in 2018, a compounded
of the FCI annual meeting, to be held this week, which shows the Global annual growth rate of 8% over
this year 9-14 June in Ho Chi Minh Factoring and Receivables Finance this ten-year period. It is quite an
City, Vietnam. TFG is a great source Industry increased by 6% in 2018. achievement that the industry not
of information and data on trade only grew during this period but more
finance matters in general providing FCI has been planting the seeds and than doubled in size. In fact, the
an insider’s view of the evolution spreading the factoring fertilizer receivables finance industry played
of the factoring industry globally. for the last 50 years, in terms of an important role in the continued
This 2019 Edition is no exception, promotion, legal guidance, advocacy health and eventual growth in global
created to increase awareness of the and education, which has culminated trade, particularly by continuing to
factoring industry, to provide insight in this phenomenal growth story. In finance SMEs during this challenging
on developments impacting the the continued spirit of promoting period.
industry, and attempting to make the factoring industry, FCI is pleased
sense of the current state of affairs. to announce this important and The factoring and receivables finance
This 2019 edition marks the end of an strategic partnership with TFG, by industry has achieved incredible
era for FCI, which celebrated last year announcing our partnership of this success and FCI has helped support
the organization’s 50th anniversary. special 2019 edition. This publication this growth, through advocacy,
provides great insight on important education, and thought leadership,
Factors Chain International, today matters relating to the trade and and providing our members with the
known around the world as FCI, receivables finance industry. necessary tools to ensure success.
was formed in 1968 as a Dutch FCI is clearly the undisputed leader
non-profit association, with the Now, even though the story painted and voice for the factoring and
Secretariat based in Amsterdam, above shows a rosy picture, it is not receivables finance industry in the
Netherlands with only 15 members without its challenges. Considering world today. Our partnership with
from 12 countries. Today, FCI has the extreme economic and political TFG is of strategic importance to FCI
nearly 400 members located in 91 volatility around the world since the and the Industry, and this special
countries. The 1960s witnessed the Great Recession in 2009, the rise in edition publication is an excellent
launch of a global industry, when nationalism and protectionism, and tool to evidence this amazing growth
the first invoices were factored in the trade wars that are breaking out story, and to learn more about
the UK by investors from the US around us, this has all contributed factoring and receivables finance. As
factoring industry, and which spread to a slow-down in global trade. But partners, it is our hope that this fine
throughout Europe from there. The despite this, factoring has remained publication will contribute to a better
growth in factoring volume was rather resilient over the past decade. understanding of our industry.
rampant during the next 50 years, The industry generated volume of
growing from less than US$ 20 Billion EUR 1.28 Trillion in 2009, at the height
in 1968 to over US$ 3.2 Trillion in of the financial crisis, but in the
Founded in 1968, FCI is a non-profit association and global network of leading factoring and receivables
finance companies, whose common aim is to facilitate international trade through factoring and related
financial services. In 2016 the activities of IFG (International Factors Group) were integrated into FCI.
FCI provides four pillars of service: a global business network, education, advocacy and networking. FCI
offers its members a framework to conduct cross-border factoring. The General Rules of International
Factoring (GRIF) forms the legal basis under which nearly all cross-border correspondent factoring
business transactions are conducted. The General rules for FCIreverse is the legal basis for reverse factoring
transactions. The supplemental Agreement for Islamic International Factoring allow our members to
make Sharia compliant transactions. FCI members also use a proprietary communication system called
Edifactoring.com. Like SWIFT, edifactoring.com provides a sound and secure means by which members
can issue factor guarantees, send invoice data, issue dispute notices, and transmit payment messages. FCI
maintains a high level of service excellence by requiring all members to follow certain standards, including
the requirement to enrol their employees in various e-learning courses and seminars, which are offered to
all FCI members via the FCI Education Academy. FCI members must follow all rules as stipulated in the
FCI Constitution, the General Rules of International Factoring (GRIF), and the Rules of Arbitration. FCI also
developed a new supply chain finance (SCF) framework called FCIreverse, to allow our members to on-
board anchor buyers and their domestic and international suppliers across the globe and to provide the
necessary compliance in markets located far from the home base of our members.
Trade Finance Talks 7
1.2 Male Dominance
within Trade Finance
and Balancing the
Gender Gap
Grace Lordan
Associate Professor in Behavioural Science, London School of Economics
Managing Director, Behavioural Science at Work
www.gracelordan.com
I teach executive courses at the is somewhere in between. However, wages earned per hour. The question
London School of Economics as within finance, there is notable is why?
well as in various corporate settings. segregation by speciality, with trade
In addition to the courses on high finance being one of the most male Like all other social phenomenon
stakes decision making focusing dominated of the specialities. I would there are a number of competing
on capital structure, behavioural argue that we should care about the hypotheses. These include, among
risk, and general conduct, I often representation of women in trade others: statistical discrimination,
cover diversity and inclusion. This is finance beyond what it means for taste discrimination, and the
because who we choose to hire in an the individual themselves. Trade working environment. However,
organisation determines its future finance professionals provide an an often overlooked hypothesis is
success. invaluable service to the economy, that differences in male and female
where a large proportion of potential personalities impact labour market
As someone whose research is customers are females. I emphasise outcomes in trade finance. Research
interested in understanding why potential as the share of females shows that the average female is
people choose the occupations that actually accessing trade finance is more risk averse, less competitive,
they do, trade finance is particularly also disproportionately low. more keen to avoid uncertainty,
interesting. Looking at it from the less extrinsically motivated, and are
outside in, a few stylised facts are So, to begin with, we have a low more cooperative. Some of these
highly relevant. Since the 1970’s proportion of women in trade traits are clearly associated with
women have chosen to converge finance. On top of that, those women higher rewards in trade finance
into many occupations that were that do enter the trade finance space jobs. Do note that these are not bad
previously dominated by men, such experience a lower level of attainment traits; in many instances they are
as accounting and law, but not others, on certain key outcomes, such as likely to be preferred. However, we
like the STEM professions. Finance the propensity to get promoted and often encourage females to adopt
The TFD Initiative institutional investors to efficiently and is a vital piece of international
connect, interact, and transact. The business and commerce. A network
The low risk profile of trade International Chamber of Commerce of institutions, including banks,
finance as an asset class is widely (ICC) United Kingdom and the financiers, and technology providers,
acknowledged, but it remains one of International Trade and Forfaiting supports importers and exporters as
the largest financial markets yet to Association (ITFA), the leading they conduct their trade activities
be tapped by institutional investors. international association for banks and reduces the risks involved in
Infrastructure technology, credit and financial institutions involved cross-border transactions.
and risk management processes, in cross-border trade and forfaiting,
and reporting are critical to lowering have each joined TFD Initiative as an The traditional trade finance process,
barriers to entry and improving observer. using instruments like letters of credit
transparency. to provide a corporate safety net,
has largely remained unchanged
TFD Initiative is powered by
The Market Need for decades, if not centuries. Over
Tradeteq, the global trade finance the past few years, however, this
The global trade finance industry
distribution platform. Tradeteq’s has come at an increasing cost to
is worth more than US$25 trillion
technology allows banks and banks’ balance sheets. Regulations
The market for international trade how they’re affecting trade financing exacerbated as buyers worldwide
finance is always evolving. But the and what SMEs can do to adapt. reconsider their supply chains to
more things change, the more they avoid the tariffs.
seem to stay the same. Take for
instance the $1.5 trillion trade finance
The Causes: Economic and China’s Economic Slowdown
gap, ICC’s measure of unmet demand Geopolitical Uncertainty
for trade banking solutions. One After the 2008 financial crisis, China
would think that new technologies From Asia to Europe to North represented a major engine of
and the lure of market expansion America, nearly every continent is growth for the global economy. But
would help traditional lenders make experiencing uncertainty. Case in at the end of 2018, China reported
a big dent in this gap, but a recent point: the drop-off in world trade the slowest growth rate in 28 years.
follow-up study showed that at one- growth at the end of 2018 and the So as China slows, so does the rest
third of banks surveyed, the rejection prediction for a soft landing in the of the world. This is concerning for
rate has accelerated. world economy through 2020. Here neighboring economies in Asia,
are a few specific situations that are with the potential for an even wider
The lack of access to financing is not feeding this uncertainty: spillover.
the only factor impacting the trade
finance market. Geopolitical events US-China Trade War Brexit
and macroeconomic conditions
are dampening the appetite for The U.S.-China trade war has added Brexit will likely disrupt trade, supply
investment – any scent of risk is economic pressure to both countries. chain cash flow and overall business
enough to give a lender pause. $200 billion USD worth of Chinese operations as UK and EU buyers move
products are subject to tariffs, and operations out of the UK and ask
However, non-bank trade finance tariffs on an additional $325 billion are suppliers to keep extra inventory. The
companies like Stenn are jumping in on the table. These costs ultimately UK, Europe and the rest of the world
with both feet. This article examines trickle down to small suppliers are locked in a period of uncertainty
what’s causing current conditions, in China. The situation could be until at least October 2019.
Doreen Fick
Trade Finance - Product Management and Development, ABSA
There is no doubt that Africa Traditional Trade Finance throughout Africa with Tunisia,
has some of the fastest growing Morocco, and South Africa issuing the
economies in the world and is also Traditional Trade Finance products highest volumes.
described as the future economic such as Documentary Collections,
growth engine of the world. The Letters of Credit and Guarantees are Bank Guarantees and Standby
International Monetary Fund (IMF) well acknowledged for the additional Letters of Credit
expects Africa will achieve growth assurances they provide to trade
of 3.5% in 2019. It has listed Ethiopia, transactions. The ICC shows that Bank Guarantees and Standby Letters
Rwanda, Ghana, Côte d’Ivoire, commercial Letters of Credits still of Credit prominently feature in a
Senegal, Benin, Kenya, Uganda, and account for 73% of trade finance continent where the risks are well
Burkina Faso as some of the countries transactions processed by banks in documented and guarantees have
with top performing economies. On Africa. In our experience the Asian become a prerequisite before projects
the downside, the continent’s two continent, one of Africa’s biggest or services are awarded. As per SWIFT
largest economies - Nigeria and trading partners, has a preference data, South Africa, Kenya, and Nigeria
South Africa have been experiencing for Letters of Credits and Global have issued the most guarantees
tough economic times with Nigeria Corporates and International Banks in 2018 with Algeria, Morocco, and
expected to bounce back during 2019. who perceive Africa as high risk will Mauritius receiving the highest
often request South African banks numbers of Inward Guarantees. On-
A significant percentage of this to provide additional confirmation Demand Performance Guarantees
growth can be attributed to local and to Letters of Credits issued by other are favourites in the Mining and
international trade. Trade Finance African countries. Construction Industry throughout
Global indicates that trade finance Africa. One construction project
accounts for 3% of global trade worth Documentary Collections can require a Tender-, Advance
$9 trillion annually. The International Payment, Performance and Retention
Chamber of Commerce (ICC) predicts Documentary Collections where Guarantees whilst Rehabilitation
that growth prospects from Africa banks are only acting as a post box Guarantees in favour of the
will mainly come from the following are still very relevant in Africa. SWIFT Department of Mineral Resources
sectors: Agricultural; Chemical, Fuel figures for 2018 indicate that over 89 are the norm to ensure the land is
and Mining; and Machinery and 000 Export collections and 36 500 restored to its original state in the
transport equipment. Import Collections were produced Mining Sector. International Buyers
Will Hunnam
Co-Founder, Orbitt
Africa is uniquely placed to trade with growing markets in financial institutions have started to tackle the unmet
the East, established markets in the West, and domestic demand of Africa’s trade finance gap, currently estimated
markets on her own continent. In order to benefit from at US$120 billion by the African Development Bank (ADB).
the ensuing economic advantages, the continent’s
The continent’s leaders and investment professionals There isn’t a one-size-fits all technology solution to
have several options for tackling the trade finance gap. Africa’s trade finance gap. Networked platforms need
Much of the attention to date has either been on the collaboration and significant investment from all the
already-bankable, large African corporations or the participants in the ecosystem. For Africa this means the
international companies with banking lines overseas. banks, DFIs and government bodies. A strong digital
trade network would also encompass the regulators,
Little has been said about the SMEs who are locked out trading companies, logistics hubs, shipping firms,
of their local banking systems with limited access to financial service providers and customs authorities.
alternative funding options abroad.
In removing friction points and repeated processes, Orbitt is Africa’s first digital deal origination and
Africa-focused investors, intermediaries and businesses processing platform, connecting robust trade and
can reduce their overall transaction costs. This is investment opportunities with Africa-focused advisers
applicable across the transaction cycle from deal and investors.
Steven Beck
Head of Trade and Supply Chain Finance
Asian Development Bank
Preventing criminals and terrorists Trade Finance Scorecard: Trade Workshop to tackle five issues
from using the global financial affecting our ability to fight crime in
system is critically important. Regulation and Market the financial system, as the next step
Implementing global regulation Feedback after the publication of the Scorecard.
across jurisdictions with multiple
stakeholders is a challenge, which The Trade Finance Scorecard: The Workshop, hosted in Singapore
can have unintended negative Regulation and Market Feedback 28-29 March 2019, brought
consequences. (Scorecard) is the start of a work in together over 50 senior leaders
progress. The objective is to launch from international bodies, industry
The 2017 Trade Finance Gaps, a process which complements associations, regulatory authorities
Growth, and Jobs Study of the Asian the work of industry bodies, the and banks, to develop concrete steps
Development Bank (ADB) identified Financial Stability Board (FSB), the to solve persistent problems in AML/
unintended consequences from anti- Financial Action Task Force (FATF), CFT. Organizations such as the
money laundering and combating and regulatory authorities around the Financial Stability Board, the Bankers’
the financing of terrorism (AML/ world. Association for Finance and Trade
CFT) regulation as an important (BAFT), the Wolfsberg Group, the
contributor to global market gaps, AML/CFT in Trade Workshop International Chamber of Commerce,
estimated at $1.5 trillion, for small as well as global banks and bank
and medium-sized enterprise (SME) The ADB’s Trade Finance Program regulators played key roles.
financing in developing countries. (TFP) organized the AML/CFT in
Baris Kalay
Head of Trade Finance for Global Transaction Services, EMEA,
Bank of America Merrill Lynch
Best Practices for a effect”. SMEs often begin using SCF misalignment between key
programs as suppliers, where they stakeholders. It is not uncommon to
Successful SCF Program quickly realize the benefits that see procurement executives, unaware
this method can hold on liquidity of decisions taken by the treasury
Europe’s low interest rate and risk management needs for all or technology teams, who are not
environment, reflected in the parties involved. Through this, when informed early enough for system
European Central Bank’s holding it comes to dealing with their own integration. The subsequent delays
of the benchmark refinancing rate payables, these firms are more apt caused by this misalignment can
at zero percent, continues to have to implement similar SCF programs last months. Best practices point to
implications for both buyers and for their own suppliers. In a similar the existence of “senior sponsors”
suppliers in the region. Many larger manner, this is likely to continue within the organization as they can
buyers, seeking to hold onto cash down the chain encouraging more align stakeholders and manage the
longer for use in other revenue firms to adopt their own programs. implementation, execution, and
generating aspects of the business, growth phases.
have lengthened payment terms That said, supply chains are becoming
increasingly more complex with
with their suppliers. Furthermore,
new operational frameworks and
Data – How analysis can
the low rates are affecting the aim to
maximize returns, passing increased technology. To ensure the continued help to achieve goals
pressures along to suppliers. In success of SCF programmes in
many cases, the suppliers facing the Europe and elsewhere, firms must According to a PWC paper on SCF, a
greatest deal of liquidity pressure consider several essential points. typical SCF programme covers 20%
are smaller organizations. This is of the spend value and includes less
why Supply Chain Financing (SCF) is Stakeholder Management than 100 suppliers. This same study
shows that supplier appetite and the
becoming a key form of financing for
mid-cap companies as well as SMEs. – First step for success supplier on-boarding process are on
the top of the list for influencing both
The growing popularity of SCF success and bottlenecks.
One of the common problems
amongst SMEs can also be banks face when implementing an
attributed, in part, to the “domino Choosing the right suppliers is a
SCF program is the organizational
The world is focused on the current It is hard to under-state the trading system. The approach
trade war between China and the importance of this battle between the certainly divides opinion: on one
US. Some $620bn in goods trade two largest economies in the world. hand are those who say this is the
alone is at stake and there is a real It is a conflict of economic systems as end of multilateralism and is a
danger of escalation. Because of the well. Trade being used as a weapon dangerous moment in history; at the
consequences in what is actually a struggle for other end of the spectrum are those
of current US influence and coercive power. who say the unchecked rise of China
policy towards has been going on for too long and
Chinese The US has long complained of damaged US
technology and unfairness in trade, and trade finance, interests. Few
its perceived terms. It points at governments who would disagree,
intellectual support their businesses to export however, that
property through richly funded Export Credit the rules of
abuses, there Agencies. US EXIM of course is trade do not
is also a risk of among the biggest, but the current reflect the
this turning US administration believes in a way in which
into a foreign free market with less rather than trade itself has
relations crisis. more intervention from the state. evolved since
Some pundits As a result of this the EXIM charter the financial
are already renewal has not yet been confirmed crisis and that
calling this the leaving it supporting businesses that they should
new Cold War are looking for funding of less than reflect the role
as a US-style $10m a year. As one of the aerospace of trade that is
internet and a businesses at this year’s EXIM event not measured
Chinese style asked, “In a world where trade is in formal
internet are being weaponised, why would we statistics.
developed, and deliberately disarm?”
separated by, There are two
of course, the What is important here is the fact areas where
Great Firewall that the US is itself catalysing the the world of
of China. process of change in the global finance will
Martin Smith
Head of Markets Analysis, East & Partners
Forging ahead
As exporters prepare for a post-Brexit
trading reality, BExA will continue
to work with government, other
trade associations and business to
represent the interests of the export
community, addressing both day-to-
Trade Finance Talks 29
2.6.1 Trading up – how
UK business can
maximise the export
opportunity
Trade is a vital part of the largest exporter of goods and services the UK get the exporting edge by
government’s industrial strategy, in the world. However, there is a lot helping business of all sizes, win, fulfil
and the UK is well placed to grow its more that can be done to ensure and get paid for export contracts.
economy by fully realising the export the UK achieves its full exporting
opportunity. potential. UKEF is front and centre of the UK
Government’s measures to grow
UK businesses have an international Export finance and insurance can trading relationships around the
reputation for high-quality, desirable give UK companies the exporting world, sitting at the heart of the
products and services. This reputation edge, especially when paired with government’s Export Strategy which
applies to all sectors and regions world-beating quality of UK products seeks to raise exports as a share of
of the country, from engineering and services. GDP to 35%.
in Northern Ireland to transport As we leave the EU and beyond,
in Wales, energy in Scotland and The right finance or insurance, UKEF’s support will help businesses
financial services in England. specifically export finance and grow their trading relationships
insurance, can make all the difference with new partners all over the world.
As economies and incomes in – for example, giving UK businesses In the last two years UKEF has
emerging markets continue to the ability to offer competitive significantly increased its capacity
grow, UK businesses have an payment terms, helping businesses for over 100 markets, as well as
opportunity to raise their ambition to compete internationally. increasing its direct lending capacity
beyond established export markets. by £2 billion for the next two financial
Trade with the UK also benefits Academic research shows that years.
developing countries, giving access companies selling overseas that have
to high-quality goods and services access to trade finance have export UKEFs flexible support and agility
while helping boost economies and volumes as much as 60% higher. has been a key factor in hundreds of
simultaneously creating future trade major export wins for UK businesses.
partners. That’s why, for the last 100 years, Recently we supported our first
UK Export Finance (UKEF), the UK contracts in Angola, providing £450
According to provisional data from Government’s export credit agency, million from UKEF to support the
the IMF in 2017, the UK was the sixth has been ensuring companies across construction of three new hospitals
Jacco de Jong
Global Head of Sales
Bolero International
The ledger can be open to public Think of the hybrid car hybrid vehicle, is there a hybrid
scrutiny or closed (requiring trade documentation equivalent for
permission) and its hash technology A good comparison would be with blockchain where existing digitisation
promises great security. It should the electric car. We all know that the platforms, for example, can work
allow for the faster and safer transfer super-efficient, low-emission electric together to provide a practical
of authenticated trade documents, car is the future of the automotive solution today?
reducing opportunities for fraud. industry, but even today the number
of such vehicles on our roads remains The necessity for network-building
This is why blockchain is now rightly relatively small. This is due to a variety
regarded as having great potential of reasons including lack of charging For starters, digitisation platforms,
among corporates, carriers and points, the time they take to charge have a ready-made trading network
freight forwarders who can see it and the range the battery provides. already in place, connecting banks,
will help eliminate painfully slow, corporates, carriers and other trading
error and fraud-prone paper-based What has happened, however, is that counterparties. These are rapidly
processes that remain in widespread tried-and-tested internal combustion expanding because of the established
use. technologies have been improved security and efficiency of their
and combined with more efficient systems and their understanding of
Yet while many very promising batteries to create hybrid vehicles trade mechanisms.
blockchain-based solutions have that achieve hugely greater MPG and
emerged, there are a number reduce emissions without requiring a Standardisation in digital trade
of hurdles that still need to be vast new infrastructure. documentation is also another area
overcome in terms of infrastructure, where blockchain will benefit. For a
tapping into existing networks, Similarly, we know that blockchain document as important and versatile
standardisation, acceptance, and technology will have a major role as a bill of lading, standardisation
legal enforceability. It is important to play in the exchange of trade offers huge advantages for everyone,
that these are addressed before we documentation, yet we could be supercharging interoperability of
see a viable, standalone blockchain waiting a while before organisations systems around the globe. But
trade documentation platform on can reap the benefits. without critical mass, blockchain
which all parties feel comfortable solutions are unlikely to make any
transferring a bill of lading. As with the development of a headway on their own. They will need
AML and KYC have become themselves: ‘The problem is not be derived. Unsurprisingly, countries
a central pillar of bank trade what we know – it is what we don’t in emerging markets, and particularly
know.’ Since 2012 nearly $20bn in Africa have data that is as high as
finance decision making. A fines has been imposed on banks 200% higher using this approach.
whole industry has built up for fraud and non-compliance and But equally, big financial centres also
around them to advise on how much of this has arisen because the have high divergence between what
to avoid risks, how to check banks themselves have simply not they report about their own trade and
every client, large or small and known how to predict the AML risks what other countries report about
in the supply chains of their clients. their trade with them. Luxembourg,
how to increase supply chain
There are sophisticated checks for Switzerland, and Ireland all report
transparency. FinTech startups sanctions, credit risk and AML, but significantly less trade than actually
are becoming RegTech start- these are limited by virtue of the fact takes place.
ups as new technology based that, by definition, they are historical.
solutions seek to capture a As a result, any reaction is too late by Areas not elsewhere specified
share of the $100bn that banks the time it is implemented. account for 5% of world trade.
Commodities not elsewhere
spend on compliance. The The problem rests in trade itself. specified, are some 6.5% of world
RegTech sector looks likely to Some US $2.1tn of trade at any one trade. So what are ‘Areas not
grow by 25% annualised to point in time is hidden in the trade elsewhere specified’? This partner is
reach a value of $7,208m by flow itself. Some countries produce perfectly legitimate and, according
2023. lagged or no data, either for exports to the United Nations, consists of all
or for imports. But mirroring the flow those countries that are too small
What is the reason for this? Perhaps from the partner’s perspective means or too unreliable to have proper
the best answer comes from a banker that a much fuller picture of trade can reporting mechanisms. Similarly
Carter Hoffman
Assistant Editor, Trade Finance Global
Distributed ledger technology, ecosystem can essentially be Europe. In March 2019, we.trade and
colloquially termed blockchain, sectioned into a series of eight major Hong Kong based eTrade Connect
gained significant attention in 2017, consortia and networks that are completed a successful PoC to
paralleling the hype surrounding the taking strides in various areas of the connect platforms.
cryptocurrencies that are facilitated space. These consortia and platforms
by the technology. Inspired by this operate in four fundamental sub- The Marco Polo consortium consists
hype, many innovative initiatives have categories: Open account trade, of over 20 banks comprising a global
sought out to capture the functional commodities, shipping and freight, reach. The fundamental aim of the
essence of DLT and apply it to a and Letters of credit and e-bills of network is to facilitate trade and
wide assortment of industries and lading. working capital finance solutions. This
domains. namely includes receivable finance,
Open Account Trade factoring, and payment commitment
One such industry particularly ripe with and without financing. Open
for the disruptive potential of DLT is we.trade Innovation DAC is a joint- APIs and legacy system compatibility
trade finance, which predominantly venture company owned by 12 allow banks to easily integrate to
remains bogged down by legacy European banks. Together with IBM, their corporate clients with their ERP
technology systems heavily we.trade has developed a digital systems. This helps to limit internal
supplemented with paper-based trade platform to simplify the trade disruption and eases communication
processes. finance processes by digitalizing the with enterprise clients. The first
management, tracking, and security transaction on Marco Polo was
In the years since, organizations of domestic and international trade conducted in March 2019.
of all different size and scope have transactions. we.trade is the first
come together to investigate the blockchain- based trade platform for
technology. Today’s DLT-trade banks and their commercial clients in
Challenges to Overcome
Standardization with each other. This cuts into the publication of a joint report from R3,
potential value of each network since Shearman & Sterling LLP, & BAFT,
A major frustration that currently the value of a blockchain network is many nations, including the USA,
exists for the industry is that trade directly, even perhaps exponentially, lack legal prose recognizing digital
finance is not standardized – the related to the number of entities negotiable instruments in lieu of their
rules and the terminology vary from that participate in it. Overcoming written counterparts. This creates a
bank to bank. An undisputed ideal the challenge of standardization will major challenge for blockchain work
for the industry would be to have a simultaneously be able to drive value in the space since such efforts are
single standard that all stakeholders and enable competition, facilitating inherently focused around facilitating
subscribe to. The currently employed the push for continued progress. trade in an exclusively digital
consortia model for DLT adoption, environment. The use of “Rulebooks”,
which necessitates standardization Legal Challenges suggested in this report and currently
among the participants, is a step employed by many consortia,
towards this utopian echelon, Many organizations point to the overcomes this challenge in the
however if there are numerous legal challenges that currently exist short term, but long term legislation
consortia then there are different with regards to blockchain use in the changes must come. Only by working
standards. This multiplicity of trade space. However, realistically, to overcome the legal challenges
standards, as well as the fact that, the industry is not even at a point to trade digitization on a broader
in the current state, the underlying yet where it should be talking about level, can the industry truly grow and
technologies of many of the different the legal hurdles for blockchain. realize its full potential.
consortia are not interoperable, What really needs to be looked at
means that banks joining one is the legal requirements for trade
consortium and banks joining digitization as a whole, where
another consortium cannot interact blockchain plays a role. As of the 2018
Commodities
Open Account
Trade - Bank Payment
Undertaking (BPU)
Open Account
Trade – Receivables, Payables
& Payment Commitment
Factoring Laws and Their Impact on Factoring & Receivables Finance Industry
For years FCI has been on the civil code contains some language of publishing judicial decisions, this
forefront of supporting efforts to help relating to assignment language in sometimes creates uncertainties in
build sustainable legal and regulatory support of factoring. But in emerging relation to interpretation of contracts
environments to support the countries, most do not possess and hence increases perceived risks
growth of factoring and receivables proper contract law, and hence and/or stifles creativity of business
finance. We also have supported do not have language to support practices. Unfortunately, many
the creation of sound policy and proper assignment of accounts emerging countries do not yet have
good regulatory framework for the and protection of the rights of third proper assignment laws and as
healthy development of factoring. parties to legally execute factoring such there is a lack of confidence
But we also want to ensure that the transactions. Parties have to rely on embedded in investors minds, who
increase in regulations impacting the general assignment provisions are concerned about redress in
the industry do not have unintended when drafting contracts. Due to courts and attempts to recoveries
consequences. the lack of understanding of the 1) from their rights as owners of the
Some countries have either adopted product in developing environments debts, resulting in a disregard for this
a specific code on factoring or their 2) developed case law and 3) tradition valuable asset class.
FCI continues to support the was used as a backdrop for on Factoring for African countries
development of proper assignment the formation of the FML. The which also largely conforms to the
laws, protections of rights of third convention was put into force in 2001, Convention. We can learn from the
parties, and the promotion of good however it wasn’t until this year, on Afreximbank initiative that this text
governance, to create a sensible legal January 2, 2019, that the US Senate is a sound basis for further evolution.
and regulatory framework to support gave its consent for the ratification of International good practices in
the development of a healthy legal Convention. It will take five countries factoring can also be found in the
infrastructure for the industry. As to allow the convention to become a FCI General Rules of International
such, FCI (initially developed by the formal treaty, but with the adoption Factoring (GRIF), available on the
IFG Legal Committee) created a draft by the United States, it is anticipated FCI website (www.fci.nl). The GRIF
Model Law on Factoring (FML), which this will now occur in the coming has been constantly updated and
has been used in certain countries years ahead. FCI has promoted interpreted by the Legal Committee
to the benefit of local economies. and supported the adoption of the of FCI.
The FML was invoked and guided Convention by governments around
by the UNCITRAL’s Convention on the world.
the Assignment of Receivables in Based on the FML, Afreximbank
International Trade. The Convention created the Afreximbank Model Law
Around the same time, FCI and Some countries have started to on countries after ratification, and
IFG were active in creating in the reform secured transaction laws. This subject to deviations only to the
UNCITRAL Working Groups a Model is also evidenced by the World Bank’s extent allowed by the convention
Law on Secured Transactions (2016) suggestion to launch a formal Model itself, a Model Law is a suggestion for
(UNML).The Convention sets forth Factoring Law under the auspices the harmonization of domestic law.
modern uniform rules governing the of the UNIROIT, the International We understand that the UNIDROIT,
assignment of receivables for use in Institute for the Unification of Private in a preliminary meeting on the
international financing transactions. Law who’s projects include drafting 8th May, 2019 in Rome agreed to
Meanwhile, we see a strong demand of international conventions and move forward with the formation
by countries for model laws that have production of model laws . Other and adoption of the Model Law on
a narrower scope than the UNML. than a convention which is binding Factoring.
Why is this important. Well most are deemed “emerging” with the inroads to help develop factoring in
developed countries have adequate exception of the U.S. If you look at all corners of the world. This is why
laws protecting investors in factoring. expected population growth and the question of supporting a FML is
However, most of the largest estimates by 2060, over 40 years from of paramount important to FCI, our
countries in terms of population are now, all of these countries except members and stakeholders.
either considered low, lower and for the US and India have proper
middle income as defined by the factoring laws in place to protect
World Bank (Tier 1-3, representing investors. However, in most of these
countries with per capita income markets, factoring is just getting
of less than US$12K). As you can started. They represent our industry’s
see below, most of these countries future, and FCI is making numerous
INDIA
CHINA
NIGERIA
UNITED STATES
PAKISTAN
INDONESIA
CONGO
BRAZIL
ETHIOPIA
BANGLADESH
TANZANIA
MEXICO
2060
F ORE CAST
Sources: UN; The Economist
*Historic Estimates made Visualization by Aron Strandberg
Using Modern Borders Twitter: @aronstrandberg
A factoring law is substantial as various established ways to secure narrow scope, the lack of substantive
for the development of a safe credit are involved and might need to rules and the failure of the authors
environment, creating trust in be reformed to at least find a conflict-of-law rule
the handling of transactions. An for priorities among competing
assignment of a receivable is effective Any Model Law on Secured claimants. Receivable finance
notwithstanding any agreement Transaction, whatever its scope is, industry nowadays offers various
between the initial or any subsequent must deal with interfaces to other kinds of credit facilities, among them
assignor and the debtor or any laws when implemented by national factoring, supply chain finance or
subsequent assignee limiting in any legislators. The number and type of reverse factoring, and others – all
way the assignor’s right to assign its such interfaces depend on the scope based on outright assignments of
receivables. of the ML and certainly a ML with a receivables (with the exception of
smaller scope will have other conflicts some domestic legislation based on
We understand that there are serious with existing laws of that jurisdiction. pledges or subrogation). Hence, such
objections to single out receivable But conflicts are sure to arise and are a FML should be all encompassing
finance from a model law on secured to be solved by restricting either the under the heading of Factoring /
transactions covering also other scope of the ML, or the existing laws. Receivables Finance.
collateral. It has been widely accepted
to include outright assignments used FCI, in following the ideas of the UN
in factoring in a secured transactions Assignment Convention and the
regime to allow the same rules UNML, has certain expectations for
to govern priority conflicts. Model a Model Factoring Law. First of all,
laws (ML) relating to only a limited we would like the scope expanded
class of assets might endanger that to all kinds of receivable finance. We
approach. On the other hand, it may note that the limited success of the
be difficult to convince legislators to Ottawa Convention on International
fully implement the UNML in one go Factoring was caused by a somewhat
a. Including the availability of technical experts advising on the disputed quality of the goods or services,
b. Including rules for the court and the parties to request relevant documents,
c. Special procedures for undisputed claims to ensure speedy collection.
d. Many payment delays are not caused by genuine disputes but are based on the inability of the debtor
to meet its payment obligation. For that reason, fake disputes may be brought forward to profit from
the delay in procedures. For undisputed cases it is useful to have a special procedure bypassing
litigation and allowing the creditor speedy collection.
5. Availability of court officers (or other officers) to execute verdicts by seizures, attachments or other types of
execution.
Questions should also determine whether or not a prudential regulation system should extend to receivable financiers,
and to which extent they should be subject to banking supervision, is also a question outside the Model Law itself.
These issues must be solved by the legislator, taking into account the structure of the business in the relevant country.
But in summary, FCI welcomes the idea of the formation of a Factoring Model Law. FCI is willing to assist UNIDROIT
in its work, as it is in FCI’s interest to promote the FML. If there were ever a moment in time to support and push for a
worldwide factoring law it is now. We appreciate the support of the World Bank/IFC, the UNCITRAL and UNIDROIT to
help us achieve this dream.
The author thanks Mr. Ulrich Brink, Attorney at Law, Bette Westenberger Brink, Germany for his contributions to this
article. This article is a condensed version of a longer article that has been published on the FCI website. If you are
interested to learn more details, have a look at our website www.fci.nl.
Charles Nahum
Independent Managing Director, Finacity
Trade Finance Global caught up with Charles Nahum at Finacity, looking at the state of the
trade receivables securitisation markets in 2019
Alternative Funding audit firms, in which we purchase more stringent capital requirement
directly an asset tranche representing and reporting regulations, may
The most striking recent change the variability of loss. This approach again widen the pricing gap
in the receivables securitisation improves the level of liquidity and between unsecured debt and that of
market is the entry of non-bank reduces cost, when compared to the receivables securitisations.
funding sources, specifically large more traditional off-balance sheet
fund managers, offering financing methods of applying credit insurance
at competitive rates. They achieve and/or the sale of the most junior
this through leverage by selling the tranche. Technology
senior notes on to banks and insurers,
while retaining the junior, more Cost of Funds We continue to see opportunities
risky and higher yield portion. These to fund increasingly complex
fund managers, keen to develop Receivables securitisation funding transactions with technology
direct corporate relationships, are costs have been steady, close to facilitating the process. At Finacity,
able to operate quickly without the the low levels experienced before the combination of our advanced
constraints of capital requirement the Great Recession. This levelling systems and newly developed
legislation, stringent KYC procedures, in low pricing is aligned with that analysis and reporting tools, allows
and the bureaucracy of bank of funding alternatives, including us to implement transactions that
compliance and credit approval. unsecured debt, primarily driven otherwise would not be possible.
by the abundance of liquidity and Technology will continue to play a
Off-Balance Sheet relative market stability. However, we key role in receivables securitisation.
anticipate that a possible surge in the Cross-functional and integrated
Off-balance sheet treatment has insolvency of weaker companies and developments, like ‘Blockchain’, may
become a client requirement, its snowball effect, may create some change radically how we securitise
increasingly. In response, Finacity distress in unsecured credit markets. receivables in the future, but we have
offers a cost efficient solution, This, together with the additional yet to see this effectively evolve and
supported by the leading global costs on banks to enforce recent materialise.
Geoffrey Wynne
Partner and Head of the Trade and Export Finance, Sullivan
If you are based in the UK, then increasingly used for political ends. financed. The amount is well over $1
much of the legal and regulatory This can be accepted if all regulatory trillion.
discussions are around Brexit and bodies moved at the same time and
what might change depending on in the same way. But recently there Many financial institutions find
exit or no exit and on what terms. has been a difference of opinion compliance so costly and over
Regulators have been, when they between regulators for example, with burdensome that they choose
can or see the need, producing how to deal with Iran. The US has derisking (giving up relationships)
regulations and papers particularly taken a stronger line than the EU. and not to on-board new
around sanctions (for example the The EU has adopted anti-compliance relationships. This limits the available
Venezuela (Sanctions) (EU Exit) regulations seeking to prevent EU parties to contract with. In addition,
Regulations 2019) and maintaining institutions from following the US concerns about financing goods
them. The Office of Financial measures. The EU is tougher on which might be “dual use” limit what
Sanctions Implementation (OFSI) chemical weapons than the US. Any can be financed. Some of the most
has essentially provided that existing party with a presence in the US might innocuous commodities, such as
licences will be replaced by the same well want to follow the US in all this. sugar and fertiliser, can be dangerous
ones post any Brexit. That is, in many (and criminalised) in the hands of the
ways, a pointer to which issues are Trade wars are having an adverse wrong parties.
being focused on in 2019. effect on the movement of goods and
what can be delivered where. In the UK there continues to be
Sanctions, laws, and regulations Anti-money laundering is moving action against breaches of financial
relating to issues involving anti- swiftly from the 4th Directive, to sanctions with the Policing and Crime
money laundering, financial crime the 5th Directive and on to the Act 2017 coming into force. Fines can
and bribery, and corruption keep 6th Directive. Each time more be up to £1 million for any breach.
compliance teams in banks and other responsibility is being placed on
financial institutions fully occupied or, financial institutions. That means it Basel III’s next iteration (called
rather, preoccupied. remains difficult in many institutions by some Basel IV) continues to
to grow a trade finance practice. preoccupy financial institutions and
Sanctions are a moving target and are This leaves a huge trade gap to be increasingly, the insurance market.
Richard Bishop
Director – Financial & Political Risks, Parker Norfolk
Global uncertainty, trade wars, for territorial concerns, the nature of part. TCI and PRI insurers commonly
Brexit, and economic volatility. Any the counterparties involved, through offer indemnities of up to 90% of
company considering becoming an a lack of available capacity, or even the limit required leaving 10% of the
exporter could be forgiven for having if the size of transaction is too small. risk retained by the policyholder but
to think long and hard about whether Given the market’s highly selective sometimes it plays better to take a
the aggravation and hassle involved nature, how do you go about making higher retention. Many banks and
are really worth it. However, once your risk as attractive to insurers as major traders, who regularly use
the opportunities are understood, possible? the insurance market to mitigate
there are many compelling reasons their own risk exposures, have long
to engage in international trade, Whilst insurance for export understood that a greater retention
and to work with trusted partners transactions can be purchased to demonstrates that they are working
and advisors to exploit these cover the default risk associated with in partnership with their insurers
opportunities whilst others hold back. payments due from contracting rather than being just buyers. Whilst
parties (Trade Credit Insurance “TCI” insurers understand that small
Successful trade requires many ) and for a multitude of politically commercial organisations do not
things but essential to any motivated exposures that could have the same financial resources
transaction is working with lead to a transaction failing leaving available to them that a bank or large
specialised and experienced legal, the exporter significantly out of trader might, expecting insurers to
banking, and insurance professionals pocket (Political Risk Insurance take the majority of the financial
to assist in the management and “PRI”), there is a scarcity of capacity pain of a transaction going wrong
mitigation of the risks involved and available for transactions in multitude is necessarily in that organisation’s
to keep the cost of doing so to an of overseas markets, so, when it best interests. Regular buyers of TCI
economically acceptable level. comes to transactions in these or PRI understand that sometimes
more challenging locations, it will it is necessary to demonstrate their
It is a common misconception that be only the very best structured and confidence in a transaction by opting
insurers will provide cover for any risk managed that obtain economically to take much greater retentions
so long as the price is right. However, viable insurance solutions. of the risk that might generally be
only the best risks attract support. expected. This can be especially true
Risks are regularly declined for a An organisation’s approach to risk for new buyers of insurance. The
multitude of reasons, whether it is retention plays a vitally important insurance market, rightly or wrongly,
5th June 2019 UK Trade & Export Finance Forum UKEF London, UK
26th June 2019 Future of Trade & Export The Telegraph London, UK
7th August 2019 SCF Forum Americas SCF Forum Los Angeles, USA
ICC United
15th October 2019 ICC Incoterms 2020 Launch London, UK
Kingdom
6th - 7th November 2019 World Trade Symposium Finastra New York
ICC United
14th November 2019 ICC Trade & Supply Chain Finance London, UK
Kingdom
Amsterdam,
28th November 2019 SCF Forum Europe SCF Forum
The Netherlands
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need strategic guidance on growth and trading overseas.
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