Policy News

BAFT Introduces Economic Sanctions Resources Hub

BAFT’s Economic Sanctions Resources Hub is a collection of links and documents to various resources across numerous international jurisdictions that can help you and your organization manage economic sanctions impacting the global transaction banking industry.

BAFT is committed to providing details on economic sanctions and export controls enacted by the European Union (EU), the United Kingdom (UK), the United States (U.S.), and other international jurisdictions in response to Russia’s violations of international law and the territorial integrity of Ukraine. We are also providing details on economic sanctions and export controls enacted by the EU, Japan, the UK, and the U.S. in response to Belarus’ role in the invasion of Ukraine.

The Economic Sanctions Resources Hub features industry statements on Russian sanctions from credit card and payments processers including SWIFT, international development and trade organizations including the EBRD, the ICC, the IMF, and the World Bank Group; in addition to jurisdictional resources on Russian sanctions from Australia, Canada, the EU, Iceland, Israel, Japan, Liechtenstein, New Zealand, Norway, Singapore, South Korea, Switzerland, the UK, and the U.S.

We encourage members to actively monitor this resource hub as sanctions could change on a frequent basis, and we will endeavor to keep our community updated on changes that impact our industry.

As you review the sanctions and export controls we encourage you to send your questions and items for clarification to [email protected]. We will consolidate member questions and engage with the Office of Foreign Assets Control (OFAC) on behalf of the industry.

BAFT Comments on ICC Standards for Sustainable Trade Finance

The BAFT Sustainability Working Group welcomed the International Chamber of Commerce’s (ICC) Standards for Sustainable Trade & Sustainable Trade Finance positioning paper published in November 2021. The roadmap is a positive development and moves the industry closer to agreement on a common standard that the industry can reference.

As a common standard begins to take shape, BAFT offers recommendation on how to strengthen the ICC’s proposal in order to ensure broad industry support and wide adoption.

The working group highlights several elements in its comments; first prioritizing equal weight to all elements of ESG beyond the environmental factor; second, acknowledging that standards must not only recognize positive activity, but also guide those involved towards what best practices or even minimum acceptable standards; and lastly, underpinning the development of any standard care must be take to be inclusive of the global nature of the business.

For a global sustainability standard to take hold, geographically diverse stakeholders must be an integral part of the development and adoption. Download the comment letter to read our latest recommendations, clarifications, and comments regarding sustainable finance and the ICC’s positioning.

BAFT Updates English Law and New York Law Master Participation Agreements (MPAs) with LIBOR Amendments

With the cessation of LIBOR and the transition to alternative reference rates, BAFT has prepared amendment agreements to the English Law and New York Law Master Participation Agreements (MPAs).

WASHINGTON — As the trade finance industry prepares for the cessation of LIBOR and the transition to alternative reference rates, BAFT together with ITFA and Sullivan & Worcester have prepared amendment agreements to the 2008 (English Law), 2010 (New York Law), 2018 (English Law) and 2019 (New York Law) Master Participation Agreements (MPAs). Access the new amendment agreements here.

“The suite of MPAs are industry standard documents that are used by banks and their counterparties around the globe to facilitate the buying and selling of country and bank trade-related assets.” said Tod Burwell, President & CEO of BAFT, “Updating the widely used MPAs is an important element for trade finance to swiftly transition to alternative reference rates.”

“The LIBOR transition touches multiple areas of trade finance not least distribution. Producing a simple and commercially rational solution for one of the most widely used documents in distribution, the MPA, was therefore crucial. I am therefore very pleased that the two associations, BAFT and ITFA, working with law firm Sullivan & Worcester were able to produce this timely document.” said Sean Edwards, Chairman of ITFA.

The amendment agreements can be used to make the changes to existing MPAs as well as for new agreements. The approach taken is to replace the references to LIBOR by references to relevant central bank rates for those currencies for which LIBOR is currently quoted. The changes only deal with LIBOR replacement and not with any other issues or developments since each MPA was published e.g. bail-in.

Geoffrey Wynne, Partner & Head of Trade and Export Finance Group at Sullivan & Worcester said, “With the direction of those involved at BAFT and ITFA we have provided a pragmatic solution covering how to change all the existing BAFT MPAs where new ones are entered into, and Amendment Agreements to amend the existing ones where they are continuing. We hope market participants will find these useful.”

It is important to note that the amendment agreements do not amend the rate in any participated transactions and only in the MPA itself. Participated transactions can use a variety of rates, as specified in an offer. For those wishing to enter into fresh agreements reflecting the changes and for new MPAs in the future, updated versions of the various BAFT MPAs are available for members and non-members here.

BAFT Media Contact:
Blair Bernstein
Director, Public Relations
[email protected]
+ 1 (202) 663-5468

BAFT, Trade Finance Groups Launch Report on Impact of LIBOR Transition

New report provides insight on the impact of LIBOR transition for banks and corporations in the trade finance industry.

WASHINGTON — BAFT, the leading global financial services association for international transaction banking, in collaboration with TXF Intelligence and Baker McKenzie today announced the publication of No More LIBOR: What Next for Trade Finance? This report explores the impending impact the cessation of LIBOR will have on trade finance. Using a mixed methodology that combined quantitative survey responses with detailed qualitative insights from banks and corporations between February and May 2021, this report sheds light on the industry’s transition priorities in the months leading up to LIBOR’s cessation.

“The goal of this research is to present the latest market trends surrounding the impending cessation of LIBOR across trade finance,” said Tom Parkman, head of research, TXF Intelligence. “The data presented provides an insight into prevailing sentiments across parts the banking and corporate world this critically important issue – research which to date, does not exist in the trade finance industry.”

The transition away from LIBOR will have a deep impact across the suite of trade finance products. In 2019, global trade flows totaled $18.1 trillion, with an estimated $9.77 trillion of that sum comprised of bank intermediated trade. Corporations surveyed in this research have reportedly made very little progress to successfully transition all of their LIBOR-linked exposures to a suitable alternative rate. Banks surveyed continue to stress the importance of transitioning to term rates for all currencies, but especially for U.S. Dollar. Banks cited the uncertainty and lack of clarity around the availability of term rates across currencies as a roadblock to effectively communicating a transition plan with corporate clients. Regulatory efforts are being made in the U.S. to assist the availability of the Term SOFR rate and more progress is expected soon. For example, on July 21, the Alternative Reference Rates Committee recommended conventions and use cases for employing the forward-looking Secured Overnight Financing Rate (SOFR) term rates that are expected to be formally recommended by the ARRC in the coming days.

“While LIBOR transition has often been regarded as a ’bank problem,’ banks tread a fine line between educating borrowers who may be less familiar with the issues around LIBOR transition and providing advice,” said Luka Lightfoot, partner, banking and finance, Baker McKenzie. “It is important that corporates and banks engage with each other to come to mutually acceptable solutions to the LIBOR transition challenge.”

“Banks should continue to track currency-specific transition deadlines, intensify internal system and process preparations, and enhance and tailor communication with corporate clients,” said Diana Rodriguez, vice president, international policy, BAFT. “Taken together, these steps will help to ease some of the uncertainty and pave a more solid path toward transition.”

To read No More LIBOR What Next for Trade Finance?, click here.

To read BAFT’s other resources on navigating the transition, click here.

BAFT Media Contact:
Blair Bernstein
Director, Public Relations
[email protected]
+ 1 (202) 663-5468

Trade Digitization in A Post-Pandemic World

New BAFT whitepaper analyzes the state of trade digitization at the end of 2020, the progress made during the COVID-19 pandemic and highlights necessary actions to ensure continued advancement

WASHINGTON – BAFT, the leading global financial services association for international transaction banking, in collaboration with the International Chamber of Commerce (ICC) and the International Trade and Forfaiting Association (ITFA) today announced the publication of a new whitepaper, Progress on Trade Digitization 2021. The whitepaper analyzes the state of trade digitization at the end of 2020, highlights progress made during the COVID-19 pandemic and proposes additional changes to ensure digitization’s continued and sustainable advancement.

According to a 2020 ICC Annual Survey, 54% of respondents revealed they introduced new digital solutions to address difficulties posed by COVID-19. These digital initiatives took various forms, including mobile network providers reducing fees, governments raising contactless limits to reduce in-person cash transactions and increased daily and monthly limits for users.

“While these digital developments in the wake of COVID-19 were incredibly helpful, our ultimate goal is to make positive changes that are sustainable long-term,” said Stacey Facter, senior vice president, trade products, BAFT. “To do that requires a legal environment that allows for digital documents to scale, as well as a global adoption of the standards in place today and continued support for those still under development. These are critical factors in maintaining the forward momentum of digitization.”

“The arguments in favor of digitization have been accepted by the majority of the world’s biggest trading nations but implementation still remains a work in progress,” said Sean Edwards, chairman, ITFA. “Fortunately, we possess the tools and resources to make this happen and the pace of change can be very quick with the right support.”

The whitepaper highlights six countries as case studies in how governments can implement reforms that harmonize their domestic legal frameworks with UNCITRAL’S Model Law on Electronic Transferable Records.

It also discusses the need for cross-industry, cross-technology platform-based standards to improve the effectiveness and efficiency of digital trade. The paper offers examples of standards available today and encourages stakeholders to consider how they can leverage them. For those interested in going a step further, the paper suggests participating in the creation of global standards through the DSI.

To read Progress on Trade Digitization 2021, click here.

BAFT Media Contact:
Blair Bernstein
Director, Public Relations
[email protected]
+ 1 (202) 663-5468

BAFT Releases FAQ on LIBOR Transition, Impact to Trade Finance

New report provides guidance and information on LIBOR transition for trade finance industry

WASHINGTON — BAFT, the leading global financial services association for international transaction banking, today announced the publication of the first edition of LIBOR Transition: Impact on Trade Finance – Frequently Asked Questions Guide to inform and respond to frequently asked questions related to LIBOR transition for U.S. Dollar and UK Pound Sterling.

Trade is essential to GDP growth and supports commercial flows and supply chain sustainability globally. In 2019, global trade flows totaled $18.1 trillion, with an estimated $9.77 trillion of that sum comprised of bank intermediated trade. USD LIBOR is the most widely used benchmark across the trade finance industry globally. As the market prepares to transition away from LIBOR to Risk Free Rates (RFRs) by the end of 2021, BAFT member institutions have been working steadily to prepare for the change.

“This frequently asked questions guide provides timely information for trade finance practitioners who are preparing for the transition away from LIBOR,” said Diana Rodriguez, vice president, international policy at BAFT. “The trade finance business has long stressed the imperative for a forward-looking term rate to ensure the uninterrupted provision of financing to support cross border trade. We were pleased to see the development of Term SONIA in the UK which forged a clear path for the industry to transition. In the U.S., we are awaiting and closely tracking the ARRC’s plans to formally endorse a SOFR Term Rate and are evaluating the viability of other term rates solutions for the U.S. Dollar.”

The BAFT guide is the culmination of several months of analysis by the BAFT IBOR Transition Working Group, as well as active engagement with vendors providing term rate solutions for the U.S. Dollar. Trade finance practitioners are encouraged to work internally with LIBOR transition teams to review documentation carefully to determine what elements of the portfolio and services reference LIBOR or other IBORs that will cease and what fallbacks would apply when the rate becomes unavailable. This resource will be updated regularly as new official sector guidance emerges and to reflect emerging BAFT working group best practices. Future iterations of this guide will consider transition priorities for other important currencies for the trade finance business.

To read the LIBOR Transition: Impact on Trade Finance – Frequently Asked Questions Guide, click here.

Read the full guide here.

BAFT Media Contact:
Blair Bernstein
Director, Public Relations
[email protected]
+ 1 (202) 663-5468

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