International Trade Finance - Masterclass
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Course Overview:
On days one, two and three participants will learn about the various methods of settlement for import/export transactions and their benefits. It will explain the purpose of International Commercial Terms of Trade (INCOTERMS 2000) and their effect on a customer’s international trading activities.
Participants will learn how to identify customer needs and recommend appropriate product solutions, as well as assess various risks to both bank and customer in international trade transactions. They will also gain an ability to explain and identify ways of mitigating that risk and carry out the processes involved in documentary collections, documentary letters of credit and contract guarantees.
The course will also address the purpose and application of the various International Chamber of Commerce rules and practices, identify customer needs for finance of exports/imports and explain the features and benefits of each method.
On the last two days the course is advanced and will provide delegates who are already familiar with or are working in a trade finance environment, with an insight into the more complex trade finance techniques that are becoming more common.
International Trade has always been the engine for global economic growth and is playing an ever important role, as new powerful economies emerge, shifting the balance of trade influence from the traditional wealth creators to new regions and economies.
Much of complex International Trade is either misunderstood or undervalued mainly because the terminology and practices seem difficult and confusing to master. This course will completely de-bunk this misconception and will leave delegates with a clear and working knowledge of how trade is undertaken at its most complex level.
It will show what actually happens and just how profitable this section of a bank’s business can be. It will also suggest methods of handling problems when things go wrong.
At the end, all delegates will have a clear and full understanding of exactly how complex trade takes place across the globe at an advanced level.
A good working knowledge and familiarity with International Trade finance is required to derive the maximum benefit from this course.
Course Content:
Role of Banks in International Trade Incoterms 2010 and Methods of Settlement
Overview of the banks involvement and, in particular, the advantages/disadvantages to Importer/Exporter in the use of Incoterms 2010 and in the main methods of settlement.
Key characteristics of Commercial Documents
Invoices
Marine/Ocean Bills of Lading
• Title, negotiability and transfer
• Control over goods
• Delivery of goods
Charter party bill of lading
Multimodal Transport Document
• Title/Negotiability/Transfer
• Control over goods
• Delivery of goods
Air Transport Document
Road, Rail or Inland Waterway Transport Documents
Insurance Policy/Certificate
Certificate of Origin
Certificate of Inspection
Export/Import Documentary Collections
Relationship between Principal and Remitting Banker
Relationship between Correspondent Banks (agency arrangements)
Legal and practical issues regarding the duties of the remitting bank
Liability of the banks involved
Conditions for release of documents
Conditions for transfer of funds
Difficult areas of risk:
• Partial payments
• Avalising
• Consignment of goods to banks
• Release of goods on trust
Use of Letters of Trust/Letters of Hypothecation
Procedures for Protest and underlying risks
Complexities of the Uniform Rules for Collection ICC 522
Documentary Letters of Credit – Introduction
Banker/Customer Relationship
Risk factors when issuing letters of credit
The autonomy of letter of credit operations (Independence Principle)
Contract between Applicant and Issuing bank - reducing risk
Legal opinion on contractual issues
Instructions to issue/amend credits
The importance of the application form (legal issues)
Front-end electronic systems (bank/applicant)
Workability of the credit
Introduction to the International Chamber of Commerce UCP 600 Rules:
(structure and obligations under documentary credits;
standard for examination of documents; discrepant documents, waiver and notice;
the UCP transport articles;
transferable credits and other issues; and
changes at SWIFT for UCP 600
Examination of documents
The standard for examination of documents
Key elements of the main articles of UCP 600
Processing non-compliant documents as issuing bank
Processing non-compliant documents as Nominated/Confirming Bank
Risks arising from non-adherence to UCP 600
Legal cases and ICC Banking Commission opinions
Bankers duties and rights
Analysing irregularities in documents
• The current position on 'original' documents
Fraudulent documents
• How banks and their customers become victims of documentary fraud
• Are you financing trade or fraud?
Case studies on difficult issues affecting payment and rejection of documents
International Standard Banking Practice ISBP 681
What constitutes an “alteration” or “addition” to a document, when and how should these be authenticated?
How should documents be signed, if this is not explicitly stated in the credit?
How should one handle typing errors on documents regarding the name and address, different addresses of same company, etc.?
Must trade terms, such as Incoterms, appear on the invoice?
What is the “face” of a transport document and should a practitioner examine the reverse side to determine the name of carrier, description of the journey, etc.?
What is a full set of insurance documents, a copy vs. an original, endorsements, and the effective date?
Instructions to advise credits
Obligations and Risks associated with the Advising Bank
The use of the Bill of Exchange in Letters of Credit
Fraudulent Credits
Application of the Uniform Rules for Bank-to-Bank Reimbursement ICC 725
Rationale
Concerns
Familiarisation of articles, including: types, parties, issuance, documents and presentation
Related issues
Release of goods connected with Credits against Indemnities issued or countersigned by banks
• Steamship guarantee/indemnities
• Airway releases and delivery orders
• Letters of Indemnity
• Liabilities
• The form of the Letter of Indemnity
• Counter Indemnities
Assignment of Proceeds
Case studies based on opinions of the ICC and legal judgements
Specialised Letters or Credit
Standby Letters of Credit
Transferable
Back-to-Back
Risks
Advanced worked example
Red Clause Credits
Revolving & Reinstatement Credits
Contract Bonds and Guarantees
Types of guarantees:
• Tender/bid bonds
• Performance bonds
• Retention money guarantees
• Advance payment guarantees
• Maintenance guarantees
• Bail bonds
• General guarantees
• Surety bonds
• Indemnities/counter guarantees
Risk Assessment
Wording of Guarantees
International Banking Practices
Uniform Rules for Demand Guarantees 758
Problem Claims and Insurance against Unfair Calling.
Expiry and Cancellation
Case studies
The Market
Historical evolution and current developments in the market place
Trade Finance versus ‘balance sheet lending’
Understanding and controlling the cash flow
Typical users of Trade Finance products and services
Risk – The Critical Issues
Understanding, identifying and managing risk
Sovereign, Political / Country risk
Institutional risk / Bank risk
Corporate and other critical risks
Importer and Exporter’s risk
Risk mitigation, management and transfer
Review of Key Products
How does the customer analyse his risk?
Which products does he use and why?
Cash in Advance
Open Account
Collections – Outward & Inward / Clean & Documentary
Letters of Credit (covered below)
Risks and opportunities
Control possibilities
Supply Chain Management & Finance
The origins of SCM
Understanding the issues in SCM – “the tug of war” between supplier & buyer
Identifying Market Opportunities
Bringing about a “balance” between parties for effective processing
Understanding about movement of ‘information’ ,’goods’ and ‘cash’
Supply Chain Finance – not just a new opportunity but an essential element for sustainable business
Review the risk aspects of SCF
Letters of Credit (L/Cs) - Advanced Mechanisms
The mechanics and use of:
Back to Back L/C structures
Transferable L/Cs
Revolving L/Cs
Pre-Export Finance
The effective use of red and green clause letters of credit
Looking at the big picture
Understanding the purpose of borrowing
Country risk issues
The reality of title and control
Controlling Credit Exposure – Formulating a Limit
Understanding and explaining the trade cycle
The use of time lines
Assessing and appreciating funding gaps
Structured Trade Finance Situations (apart from Case Studies)
Analysis of 2-3 examples based on above situations
Structuring Finance for the Trader
Facility Management:
Analysing the trade flows
Assessing facility size and structure
Specific lending with identifiable maturity dates
Appreciating and controlling sources of repayment
Effective Use of Collections for Short-Term Finance
Using collections as financing opportunities
Identifying and mitigating risks
Maintaining control
Supporting the Trader
Using the goods as collateral
Assessing the value of goods
The value of pledges and trust receipts
The need for structured lending
Warehousing of Goods
Warehouse location
Management assessment
Legal frameworks
Obtaining and retaining title and control
Risks and responsibilities of Collateral Managers
Cost versus control
International Demand and Contract Guarantees / Bonds
Scope and Application – an introduction
Different types - Bid, Performance, Advance payment and Retention bonds
Rules governing guarantees and bonds
Legal jurisdiction and expiry date issues
Opportunity spotting
Standby L/C’s (SBLCs)
Receivables Financing
Mechanics of Securitisation
Mechanics of Factoring and Invoice Discounting
Forfaiting – an important adjunct to the TF mechanism
Role of Credit Insurance
Nightmare scenarios
The Commodity Sector and its Players
History and origins of the commodity industry
Understanding the nature of ’commodities’
Analysing the players – growers / producers; traders and end-users
Financing of commodities
Looking beyond the balance sheet
Available documentation – taking and retaining title
Commodity futures, options and derivatives
Hedging – a critical process in commodity finance
Role and function of the exchanges
Countertrade
Overview – when to use
Pitfalls and complications
Possible structures and Time management
Syndications
When to syndicate
Lead or participant role
Impact of quasi governmental agencies
Risk/reward analysis
Structured Trade Finance Situations (apart from Case Studies)
Analysis of 2-3 examples based on above situations
Course Conclusion and Review / Feedback
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5 Day Course
London: 9-13 January 2012, 11-15 June 2012, 8-12 October 2012
Discounts available for multiple participants:
3-4 participants: 15% discount per participant
5-6 participants: 20% discount per participant
7-8 participants: 25% discount per participant
9 or more participants: 30% discount per participant
