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Guide to International Trade Finance CITF PDF

306 Pages·2016·1.817 MB·English
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Guide to International Trade and Finance Paul Cowdell Peter McGregor Siraj Ibrahim (Chapter 10) Neil Chantry (Chapter 14) David Hennah (Chapter 15) TheLondonInstituteofBanking&Financeisaregisteredcharity,incorporatedbyRoyalCharter. TheInternationalChamberofCommerce(ICC)isthelargest,mostrepresentativebusinessorganizationintheworld. ifs-citf-bk-en-GB September 7, 2016 - 13:36 1 TheLondonInstituteofBanking&Financeisaregisteredcharity,incorporatedbyRoyalCharter. The London Institute of Banking & Finance believes that the sources of information upon which thebookisbasedarereliableandhasmadeeveryefforttoensurethecompleteaccuracyofthe text.However,neitherTheLondonInstituteofBanking&Finance,theauthor,noranycontributor can accept any legal responsibility whatsoever for consequences that may arise from errors or omissionsoranyopinionoradvicegiven. All rights reserved. This publication is for the personal use of the individual studying for the relevant London Institute of Banking & Finance qualification and may not be offered for sale to orbyanythirdparty.Apartfromanyfairdealingforthepurposesofresearchorprivatestudy, or criticism or review, as permitted under the Copyright, Designs and Patents Act 1988, this publication may not be reproduced, stored or transmitted in any form or by any means, except withthepriorpermissioninwritingofthepublisheror,inthecaseofreprographicreproduction, in accordance with the terms and licences issued by the Copyright Licensing Agency. Enquiries concerningreproductionoutsidethosetermsshouldbeaddressedtothepublisherattheaddress below: TheLondonInstituteofBanking&Finance 4–9BurgateLane Canterbury Kent CT12XJ T01227818609 F01227784331 [email protected] Wwww.libf.ac.uk Warning:thecommissionofanunauthorisedactinrelationtoacopyrightworkmayresultinboth acivilclaimfordamagesandcriminalprosecution. CapdmCaptured,authored,published,deliveredandmanagedinXML CAPDMLimited,Edinburgh,Scotland www.capdm.com PrintedandboundintheUKbyLatimerTrend&Co,Plymouth Firstpublished2007byifsSchoolofFinance Reprintedwithrevisions2016byTheLondonInstituteofBanking&Finance ©TheLondonInstituteofBanking&Finance2016 ifs-citf-bk-en-GB September 7, 2016 - 13:36 2 Author information Paul Cowdell worked for many years at Midland Bank dealing with the international trade needs of corporate clients. Now a Senior Lecturer at Sheffield Business School in Risk Management, Corporate Treasury Management and Derivatives, Paul has authored and co-authored several texts and articles on international trade facilities and foreign currency risk exposure management. Paul is an Associate and a Fellow (ACIB & FCIB) of the Chartered Institute of Bankers, and also holds the Institute’s Diploma in Financial Services (Dip.FS). Paul also holds the MembershipDiplomaoftheAssociationofCorporateTreasurers(MCT). He is currently a project supervisor for the Association of Corporate Treasurers on the Membership Diploma. Peter McGregor spent over twenty years as a practising domestic and internationalbanker,bothintheUKandoverseas,followedbyasimilar period as an academic at Sheffield Business School/Sheffield Hallam University. His main areas of teaching expertise were international trade finance, corporate treasury management, lending and risk management, banking and financial services law and regulation. Peter hasalsobeeninvolvedinwritingseveralbooksandarticlesonfinancial matters. Peter is now the Managing Director of the financial and business education consultancy, The McGregor Education Consultancy Ltd,withclientsthroughouttheUKandoverseas.Heundertakesseveral roles with The London Institute of Banking & Finance in the UK. Peter is an Associate and a Fellow (ACIB & FCIB) of the Chartered Institute of Bankers, and also holds the Institute’s Diploma in Financial Services (Dip.FS). He is a Fellow of the Higher Education Academy (FHEA). Additionalcontributors Siraj Ibrahim works as a banker within FI and Trade Finance for Qatar Islamic Bank (UK). In a career spanning over ten years largely within two global banks, Siraj has worked in the FI, Treasury and Corporate coverage sectors. In addition, he sits on the UK Technical Committee fortheinternationalIslamicFinanceQualification(IFQ),administeredby theCISI,andisthejointeditor/othercontributorfortheIFQWorkbook. He is also the UK correspondent for the IslamicFinanceNews. DavidHennahMIFSisHeadofTradeatMisys,aleadingserviceprovider of banking software solutions. He is now enjoying his second stint at Misys having previously worked for Barclays, ICL/Fujitsu Services UK and SWIFT. David is credited with launching the world’s first international direct debit service. He also played a leading role in the establishment of the bank payment obligation (BPO) as an accepted market practice in international trade. He was a member of the ICC DraftingGrouponURBPOandistheauthoroftheICCGuidetotheUniform RulesforBankPaymentObligations. ifs-citf-bk-en-GB September 7, 2016 - 13:36 3 Thereviewers David Meynell is the founder of TradeLC Advisory, an advisory and consultancy service. He previously worked for Deutsche Bank for over 30 years in a number of international locations, his most recent role having been Global Head Trade Product Management for Financial Institutions. David is Chief Examiner for the Certificate in International Trade Finance. Gary Collyer is Managing Director of Collyer Consulting Global Ltd, a company that provides trade advisory, consultancy and training services. He previously worked for Midland Bank/HSBC, Citibank and ABN Amro in a banking career spanning over 30 years. In his last position at ABN Amro, he was the Global Trade Product Head based in London.GaryisaVisitingProfessorforTheLondonInstituteofBanking & Finance and author of the fifth edition of the Guide to Documentary Credits. ifs-citf-bk-en-GB September 7, 2016 - 13:36 4 Copyright acknowledgements ICCUniformCustomsandPracticeforDocumentaryCredits ICCPublicationN°600−ISBN978-92-842-1257-6 Copyright © 2007, International Chamber of Commerce (ICC), Paris − All rightsreserved. ICCUniformRulesforBankPaymentObligations ICCPublicationNo.750−ISBN978-92-842-0189-1 Copyright © 2013 − International Chamber of Commerce (ICC), Paris − All rightsreserved. ICCUniformRulesforCollections ICCPublicationNo.522−ISBN978-92-842-1184-0 Copyright © 1995 − International Chamber of Commerce (ICC), Paris − All rightsreserved. ICCUniformRulesforDemandGuarantees ICCPublicationNo.758−ISBN978-92-842-0036-8 Copyright © 2010 − International Chamber of Commerce (ICC), Paris − All rightsreserved. ICCUniformRulesforForfaiting ICCPublicationNo.800−ISBN978-92-842-0184-6 Copyright © 2012 − International Chamber of Commerce (ICC), Paris − All rightsreserved. Availableatstore.iccwbo.org/ ExtractsfromISP98©1998InstituteofInternationalBankingLaw&Practice, Inc.AllRightsReserved.Reproductionofanypartofthisworkbyanymeans without express written permission is prohibited. For further information aboutISP98oritsOfficialCommentary,seewww.iiblp.org ©TheLondonInstituteofBanking&Finance2016 v ifs-citf-bk-en-GB September 7, 2016 - 13:36 5 GuidetoInternationalTradeandFinance Note to students Forthepurposeofconsistencythisstudytextrefersto‘documentarycredit’. However, ‘DC’, ‘letter of credit’, ‘LC’ or ‘credit’ are also widely used in the samecontextas‘documentarycredit’.Studentsshoulddecideontheirown preferencefordescribingtheproduct. vi ©TheLondonInstituteofBanking&Finance2016 ifs-citf-bk-en-GB September 7, 2016 - 13:36 6 Contents 1 Introduction 1 2 The international trade environment 19 3 Contracts 41 4 Intermediaries and how they operate 55 5 Documents used in international trade and the Incoterms® 2010 rules 75 6 Methods of settlement 105 7 Documentary collections 113 8 Documentary credits 131 9 Short-, medium- and long-term trade finance 161 10 Islamic trade finance 191 11 Guarantees and standby letters of credit 207 12 Export credit insurance 227 13 Foreign currencies and the exchange risk 235 14 Financial crime 249 15 Bank payment obligations (BPOs) 269 Bibliography 287 Answers to review questions 289 ©TheLondonInstituteofBanking&Finance2016 vii ifs-citf-bk-en-GB September 7, 2016 - 13:36 7 viii ©TheLondonInstituteofBanking&Finance2016 ifs-citf-bk-en-GB September 7, 2016 - 13:36 8 Chapter 1 Introduction Learningobjectives Bytheendofthischapter,youshouldhaveanunderstandingof: (cid:117) whatismeantbyinternationaltrade; (cid:117) theconceptofcomparativeadvantage; (cid:117) whyinternationaltradediffersfromdomestictrade; (cid:117) thedifferenttypesofbusinessentity; (cid:117) thewaysinwhichtherisksininternationaltradecanbereduced(risk mitigants); (cid:117) theeffectsoftheglobalfinancialcrisisonworldtrade; (cid:117) the role of the World Trade Organization (WTO) and of the InternationalChamberofCommerce(ICC). 1.1 What is international trade? International trade is the exchange of goods, services or performance and capital across international borders or territories. In many ways it is similar to domestic trade. The motivation of all parties is to gain, by exchanging something that is surplus to requirements for something that is scarce or unavailable.That‘something’couldbeaphysicalgood,oritmaybeaservice or performance or a skill. Originally, the exchange was goods for goods or serviceforservice−basicallyaformofbarter.Obviously,moneycomesinto playnowadays,buttheprincipleofalltraderemains:thateachpartyshould gainfromthetransaction. ©TheLondonInstituteofBanking&Finance2016 1 ifs-citf-bk-en-GB September 7, 2016 - 13:36 9 1:Introduction To illustrate how pervasive international trade is today, next time you open your computer, think about the sources of some of the components and how interdependent the countries of the world have become. If you investigated the source of the various components of your computer, you might find, for instance, that: oil from the Middle East may have been used to manufacture the plastic; the components could have been produced in China; the programs could have been written in India; the gold could have beenminedinAfrica;andthepatentmayhavebeendrawnupintheUSA. 1.1.1 Why do businesses trade internationally? First, we must ask why a business would wish to trade internationally, despitetheadditionalproblemsandrisks.Intoday’sglobaleconomy,where consumerdemandsarefar-reaching,companiesneedtoproducetheirgoods and services as quickly and efficiently as possible to meet that demand. In addition, they must do so as competitively as possible. Not doing so would resultinalossofcompetitiveadvantageandbusinessfailure. A company may require raw materials or components for their product that cannot be sourced from the domestic market. They would need to look to overseas markets and buy the product from overseas suppliers. This is knownas‘importing’.Anotherexamplewouldbewhenacompanyisunable to manufacture or purchase the product in the domestic market and, for reasons of cost, it is cheaper to have it manufactured overseas. A business that imports may purchase goods for its own sales, or it may be acting as an agent or distributor for a foreign supplier. This is covered in more detail inTopic2. On the opposite side of an international trade transaction is the seller. The reasons why businesses enter the export market are different. There may simply not be a domestic market for their product or service, or they may find that an export market offers them an additional customer base, from whichtheycangenerateadditionalincomeforthebusiness. 1.1.2 Comparative advantage as a reason to trade internationally In some countries of the world, it would be possible, at least in theory, for most of the population to practise self-sufficiency. This involves people providing everything they need through their own labour. Thus they could, in theory, grow their own food, make their own clothes, and provide the necessities of life. However, this would not appeal to most people, because theywouldfindtheirconsumptionconfinedtoanarrowrangeofgoods. 2 ©TheLondonInstituteofBanking&Finance2016 ifs-citf-bk-en-GB September 7, 2016 - 13:36 10

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