The Institute of Financial Services is a division of the ifs School of Finance, a registered charity, incorporated by Royal Charter. No part of this publication may be reproduced in any material form without the prior written permission of the copyright owner.
The Institute of Financial Services is a division of the ifs School of Finance, a registered charity, incorporated by Royal Charter. No part of this publication may be reproduced in any material form without the prior written permission of the copyright owner.
The Institute of Financial Services is a division of the ifs School of Finance, a registered charity, incorporated by Royal Charter. No part of this publication may be reproduced in any material form without the prior written permission of the copyright owner.
Finance Michele Donnelly FCIB Original edition written by Adrian Garai The Institute of Financial Services is a division of the ifs School of Finance, a registered charity, incorporated by Royal Charter. June 2011 9 781845 169107 ISBN 978-1-84516-910-7 Published by the Institute of Financial Services, a division of the ifs School of Finance, a registered charity, incorporated by Royal Charter. The Institute believes that the sources of information upon which the book is based are reliable and has made every effort to ensure the complete accuracy of the text. However, neither Institute, the author nor any contributor can accept any legal responsibility whatsoever for consequences that may arise from any errors or omissions or any opinion or advice given. All rights reserved. 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Printed and bound in Great Britain by Thomson Litho Ltd, East Kilbride, Scotland ifs School of Finance 2011 ISBN 9781845169107 ifs School of Finance 2011 iii Contents Acknowledgements vii About the authors ix Certificate in International Trade and Finance Syllabus (CITF) xi Chapter 1 Introduction 1 1.1 Background 1 1.2 What does a business actually do? 1 1.3 The different types of business entities 2 1.4 The concept of international trade 6 1.5 The value of world trade 7 1.6 The International Chamber of Commerce 9 1.7 What will be covered in the course 11 Chapter 2 The international trade environment 13 2.1 The external factors faced in international trade markets 13 2.2 Considerations of the risks involved in international trade 16 2.3 Researching the market 18 2.4 Method of entering an overseas market 23 Summary 30 Chapter 3 Contracts 33 3.1 The contract 33 3.2 1980 United Nations Convention on Contracts for the International Sale of Goods 39 3.3 Dispute handling and arbitration 42 Summary 45 Chapter 4 The role of intermediaries such as banks and the principles under which they operate 47 4.1 The banker/customer relationship 47 4.2 Banks and international trade the principles 48 4.3 The range of services 50 4.4 Correspondent banking 52 Summary 59 Chapter 5 Documents 61 5.1 Introduction to documents used in international trade 61 5.2 Financial documents 63 5.3 Other documents used in international trade 69 Summary 80 Contents ifs School of Finance 2011 iv iv Chapter 6 Terms of payment 81 6.1 Definitions of payment terms 81 6.2 Basic principles of the risk ladder 82 6.3 Open account 82 6.4 Documentary collection 83 6.5 Documentary credit 83 6.6 Payment in advance 83 Summary 85 Chapter 7 Documentary collections 87 7.1 Basic principles of documentary collections 87 7.2 Example of the operation of a documentary collection 92 7.3 Finance against documentary collections 99 7.4 Benefits to the exporter and importer 99 Summary 100 Chapter 8 Documentary credits 103 8.1 Basic principles for documentary credits 103 8.2 Example of the operation of a documentary credit 114 8.3 Various forms of credit 120 Summary and risk review 124 Chapter 9 Short-term trade finance 129 9.1 Definition of short-term trade finance 130 9.2 Understanding the concept of the trade cycle 130 9.3 Open account trade 130 9.4 When short-term trade finance is required 132 9.5 Examples of short-term trade finance 133 Summary 144 Chapter 10 Medium- and long-term trade finance 147 10.1 Introduction to medium- to long-term trade credit 147 10.2 Supplier and buyer credit 148 10.3 Lines of credit 151 10.4 Forfeiting 151 10.5 Eurobonds 153 Summary 154 Chapter 11 Standby letters of credit, bonds and guarantees 157 11.1 Introduction to bonds 157 11.2 Standby letters of credit 166 11.3 Unfair calling and insurance of bonds and standby L/Cs 169 11.4 Standby L/Cs and bonds credit considerations for the issuing bank 170 Summary and comparison between standby L/Cs and demand guarantees 171 Contents ifs School of Finance 2011 vv Chapter 12 Export credit insurance 175 12.1 Risk summary 175 12.2 Export credit insurance in detail 177 12.3 Risks covered in such policies 178 12.4 Example of an Atradius export credit policy 180 Summary 182 Chapter 13 Foreign currencies and the exchange risk 183 13.1 Introduction and strategy 183 13.2 Terminology and foreign exchange conventions 185 13.3 The spot rate and the forward rate 186 13.4 Foreign currency accounts 191 13.5 Options and futures 192 Summary 195 Chapter 14 Money laundering and fraud 199 14.1 Introduction to money laundering 199 14.2 Financial Action Task Force 202 14.3 The USA PATRIOT Act 206 14.4 The Wolfsberg Group 206 14.5 Other types of commercial fraud 208 Summary 209 Index 211 Acknowledgements The Institute of Financial Services acknowledges permission to reproduce material from the following copyright holders: The extracts and summaries from the following publications of the International Chamber of Commerce (ICC), which appear in chapters 58 and 10, are included with the kind permission of ICC: Incoterms 2000 & (ICC publication 560), Uniform Rules for Collection (ICC publication 522), Uniform Customs and Practice (ICC publication 600), Uniform Customs and Practice 2007 Revision (ICC publication 600E), International Standard Banking Practice (ICC publication 645), International Standby Practices (ISP98) (ICC publication 590) and Uniform Rules for Demand Guarantees (ICC publication 458). All materials are copyright ICC and are available from www.iccbooks.com. ICC Uniform Rules for Collections ICC Publication N 522 - ISBN 92.842.1184.0 Copyright 1995, International Chamber of Commerce. ICC Uniform Customs and Practice for Documentary Credits ICC Publication N 600 ISBN 92-842-1257-X Copyright 2006, International Chamber of Commerce. ICC Uniform Customs and Practice for Documentary Credits 2007 Revision ICC Publication N 600E ISBN 978.92.842.1257.6 Copyright 2006, International Chamber of Commerce. International Standard Banking Practice for the examination of documents under documentary credits ICC Publication N 645 ISBN 92.842.1314.2 Copyright 2003 International Chamber of Commerce (ICC) ICC Uniform Rules for Demand Guarantees ICC Publication N 458 ISBN 92.842.1094.1 Copyright 1992, International Chamber of Commerce. International Standby Practices ICC Publication N 590 ISBN 92.842.1247.2 Copyright 1998 The Institute of International Banking Law & Practice, Inc. ifs School of Finance 2011 vii The materials for chapter 14 on the Wolfsberg Group and the Financial Action Task Force are reproduced with their kind permission. I would like to thank Pam Hardy for all of the encouragement she gave me whilst I was writing this book and for providing feedback on all of the chapters. In addition I would like to also say a big thank you to Soren Tattam and Tony Brown for their input on International Contracts. Thank you also to David Powers at RBS for his expert knowledge on Money Laundering. Finally thank you to my husband Garry, without whose patience and co- operation I would not have completed the book. ifs School of Finance 2011 viii Acknowledgements About the authors Michele Donnelly FCIB works full time as a Director for the Royal Bank of Scotland. In addition to a 25-year career in banking, Michele has worked for the ifs in the capacity of Chief Examiner for the BSc option subject International Trade Finance, assistant examiner for The Certificate of International Trade Finance and Certified Documentary Credit Specialist paper. She is married with three children and enjoys practising Iyengar yoga in her spare time. Adrian Garai is an Associate of the Chartered Institute of Bankers. Following a long career in banking, including more than ten years in senior management positions in the international division of one the major UK clearing banks, Adrian now spends his time writing and consulting on finance topics for leading financial organisations. ifs School of Finance 2011 ix ifs School of Finance 2011 xi Certificate in International Trade and Finance Syllabus (CITF) Nature of the subject International trade is a vital part of the global economy. This module examines the roles and responsibilities of banks, importers and exporters and the products available to assist them to find satisfactory solutions to the problems of international trade finance. The module contains an introduction to the international trade environments, the commonly used documents and international trade terms, key methods of trading and exchange risk. Those already involved in international trade will recognise the processes described and be able to extend their knowledge, whilst the novice should find the material provides an excellent introduction to the subject. NB Students who require an in depth knowledge of Documentary Credits are advised to study the Certified Documentary Credit Specialist (CDCS) module. Coverage of documentary credits within this syllabus will be covered in less depth than other methods of international trading.