Trade

To Advance Sustainable Trade Finance, Agreeing on a Common Definition is Paramount

In this latest op-ed, Diana Rodriguez, Vice President of International Policy at BAFT, talks about ESG, sustainable trade finance, and BAFT’s role in sustainable transaction banking.

Via Trade Finance Global

Market Standard Definitions, Methodologies, and Measurements

Sustainability and ESG have become public and private sector priorities, with consumers and corporates alike increasingly focusing on sustainability practices when making financial decisions, and governments considering a wide variety of policy initiatives to drive behavior.

As nations work to meet the UN Sustainable Development Goals (SDGs), there is an important role for the transaction banking industry to help achieve them.

Trade finance has a crucial role to play in supporting corporate efforts to position sustainability at the core of their business strategies, and throughout their supply chains.

For several years, banks have been offering ESG-linked products including green bonds and sustainable loans, and we see informal markets developing for the trading of carbon credits.

However, in order for sustainability-linked trade finance to gain traction and ubiquity, there is general agreement that market standard definitions, methodologies, and measurements are needed.

Towards a Common Standards Framework

The difficulty of defining workable sustainability standards for international trade should not be underestimated.

The volume of global trade transactions that cross multiple jurisdictions to form part of complex supply chains presents an inherent challenge to defining what constitutes sustainable trade finance – a market that accounts for more than a third of global trade.

Additionally, institutions are at different stages of their own journey toward sustainability, and have different priorities based on their geographic footprint and client base.

This complexity heightens the importance for the trade finance industry to coalesce around a common standard that reconciles the divergent banking landscapes and provides rigorous yet implementable standards.

Policymakers in certain regions are outlining public policy frameworks and taxonomies to support policy positions for companies operating within their jurisdictions.

In some cases, private enterprise is well ahead of the policy requirements, while in others they are being influenced by policy requirements.

An appropriate balance between the public and private sectors will shape policy in a way that incentivizes behavior without creating unintended consequences with negative economic implications.

Industry advocates must strive to ensure that public policy reflects some consistency across jurisdictions, so as not to create undue advantages or burdens based on geography.

BAFT’s Role in Sustainable Transaction Banking

In the past year, we have seen the market become more collaborative, with institutions working together through industry working groups and consortia to find innovative solutions to address sustainability in transaction banking.

Last year, BAFT launched a Sustainability Working Group to address the needs for standards, tools, education, and policy advocacy on behalf of the industry.

To address these challenges, the working group will be developing resources, training, and best practice standards to promote sustainability across the trade finance and global payments industry.

The working group is focusing its efforts on five work streams:

  • Developing standards for sustainable transaction banking
  • Principles on how to apply net zero to transaction banking
  • Guidance on sustainability reporting
  • Advocacy and education on sustainable transaction banking
  • Defining an industry approach for the full spectrum of ESG – beyond the “E”

It is the objective of this working group to advance the interests of the transaction banking industry, while complementing and leveraging the work of other bodies.

To that end, the BAFT Working Group welcomed the ICC Standards for Sustainable Trade and 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.

An Equal-Weighted ESG

As a common standard begins to take shape, much work remains to ensure broad industry support and wide adoption.

The first consideration is to ensure that equal weight is given to all elements of ESG. While social and governance factors are generally taken into account for the calculation of an ESG rating, most of the taxonomies are still primarily focused on the “E” for environment. The true impact of trade finance extends to the social and governance elements of ESG, and should be effectively represented in the emerging standard.

Second, recognizing the transition needed to make business more sustainable, such standards must not only recognize positive activity, but also guide those involved towards what best practices, or even minimum acceptable standards. While specific goods may not in themselves be sustainable, they can often be used for purposes that lead to sustainable ends.

Lastly, underpinning the development of any standard, care must be taken 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.

The sooner the industry can stand behind a shared understanding and common vocabulary of what is considered sustainable trade, the more effectively the industry can dispense with concerns over ESG-washing and realize the potential of sustainable trade finance.

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.

TFG International Trade Awards 2022 Open for Nominations, Steering Committee Announced

Now in its sixth year running, the TFG International Trade Awards 2022, in cooperation with BAFT, recognize those who have provided an outstanding contribution to global trade and finance.

London, UK –  Nominations for the Trade Finance Global International Trade Awards 2022, in cooperation with BAFT, are now open.

Award winners are recognized for their outstanding contributions to global trade and finance. Now in its sixth year running, the annual TFG Awards are presented to businesses and service providers in trade, supply chain, and receivables finance. The TFG Awards logo is used as a badge of excellence in both the intermediary (B2B) and direct (B2C) markets.

This year, Trade Finance Global (TFG) is announcing the winners at the 2022 BAFT Global Annual Meeting in Washington, DC on May 4, 2022.

International Trade Awards 2022 Categories

Global

  • Best Trade Financier
  • Best Receivables Financier
  • Best Supply Chain Financier
  • Best Export Credit Agency
  • Best Multilateral Development Bank
  • Sustainable Trade Finance Award
  • Tradetech Innovator Award
  • Best SME Trade Finance Lender

Regional

  • Best Trade Financier in Western Europe
  • Best Trade Financier in Central and Eastern Europe
  • Best Trade Financier in the Middle East
  • Best Trade Financier in Africa
  • Best Trade Financier in Asia-Pacific
  • Best Trade Financier in North America
  • Best Trade Financier in Latin America

Specialist

  • Trade Finance Deal of the Year
  • Best Trade Finance Education Provider
  • Best Trade Finance Law Firm
  • Best Trade Credit Insurance Provider
  • Best Freight Forwarding & Logistics Company
  • Best Islamic Trade Financier
  • Trade Digitalization Award

Individuals

  • Outstanding Contribution to Trade Finance
  • Rising Trade Finance Star

Steering Committee for 2022 Announced

The TFG Steering Committee is made up of experts and leaders from all areas of trade, including finance, technology, policy, and governance. Members of the steering committee will provide their impartial views to TFG’s leading annual awards campaign that aims to promote inclusive trade as a force for good.

Members

  • Mark Abrams, Trade Finance Global
  • Robert Besseling, Pangea Risk
  • Steven Beck, Asian Development Bank (ADB)
  • Noreen Cesaro, OWIT UK
  • Sean Doherty, World Economic Forum
  • Sean Edwards, ITFA
  • Emmanuelle Ganne, World Trade Organisation
  • Angela Koll, Commerzbank
  • Tomasch Kubiak, ICC
  • Maria Mogilnaya, Independent
  • Peter Mulroy, FCI
  • Rudolf Putz, EBRD
  • Harri Rantanen, Standardised Trust
  • Ian Sayers, International Trade Centre
  • Susan Starnes, IFC
  • Scott Stevenson, BAFT
  • NLN Swaroop, HSBC
  • Erik Timmermans, WOA

Find out more about the awards and nominate yourself or a company here.

TFG Media Contact:
Joana Fabiao
Marketing and Editorial Assistant
Trade Finance Global
[email protected]

Trade Finance Global: A World Without LIBOR – Perspectives on the Transition from BAFT, ITFA and JPMorgan

Via Trade Finance Global

Almost two weeks have passed since the retirement of the world’s most important number: the London Interbank Offered Rate (LIBOR).

For almost half a century, LIBOR functioned as a benchmark for global interest rates, and its ups and downs influenced an entire universe of financial instruments.

From short-term unsecured loans, to floating rate contracts such as derivatives, corporate debt, mortgages, and home loans, LIBOR affected the cost of credit across regions, industries, and currencies.

It was calculated through a daily survey of major global banks, who were asked what their borrowing costs were expected to be over a number of timeframes, up to 12 months.

The highest and lowest quotes were dropped, while the rest were reduced to an average that formed the rate.

So integral was LIBOR to the global financial system, that at its peak in 2020, over $400 trillion in outstanding contracts were exposed to it.

It should come as no surprise, then, that with LIBOR’s demise came a sense of foreboding for the trade finance world.

As the Bank of England’s Alastair Hughes told Trade Finance Global: “If you’re burying your head in the sand because someone’s told you LIBOR was going to continue, or you don’t have to do anything – that’s definitely not the case.

“LIBOR will cease, so you do need to engage, you need to understand what your exposure to the LIBOR rate is, both in terms of future use of products, and, indeed, those legacy products.”

A Financial Millennium Bug

Some worried that LIBOR’s cessation – which took place at midnight on December 31, 2021 – had the potential to cause a ‘Y2K moment’ for global finance.

Also known as the ‘millennium bug’, older readers will recall that this mysterious creature had once threatened to bring down the world’s computer systems overnight.

As 1999 gave way to the year 2000, technicians worried that the widespread use of only two digits for years in the date format of computer programs could cause a global IT crash, as the clocks ticked over at midnight December 31.

Thankfully, however, the transition from 1999 to 2000 passed mostly without issue, and the bug turned out to be quite the anti-climax.

In a similar manner, lights off on LIBOR hasn’t led to a financial meltdown.

On the contrary, the trade finance world has adapted quite smoothly to life without LIBOR, thanks to a new menu of alternatives for banks and corporates both large and small to choose from.

LIBOR Alternatives in Practice – The View from ITFA

As chairman of the International Trade and Forfaiting Association (ITFA), Sean Edwards has had a unique view of the LIBOR transition.

Speaking to Trade Finance Global, Edwards said that the transition has caused very few issues so far for ITFA’s 300-plus members.

“For those currencies where LIBOR is no longer quoted, such as sterling and yen, the transition process has been largely successful,” he said.

“There was a small overhang of deals into the New Year, which we expect to be cleared up in Q1.”

As previously reported by Trade Finance Global, among the alternatives to LIBOR is an interest rate known as synthetic LIBOR.

Synthetic sterling LIBOR is based on the sum of the one-, three-, or six-month Sterling Overnight Index Average (SONIA) reference rate, which is provided by the ICE Benchmark Association (IBA) and the International Swaps and Derivatives Association (ISDA).

Edwards said he sees synthetic LIBOR as a “refuge for the desperate only”, but added that it is “unsurprising” that it has nonetheless found a user base, given that there is “really no choice but to find an alternative.”

Transition from USD LIBOR presents a greater challenge, however, as it will continue to exist in some form until mid-2023.

“With pre-2022 committed facilities continuing to be priced on this basis, there is a competing and confusing array of alternatives to choose from,” said Edwards.

“The regulators – both in the UK and the US – have been clear that they wish to see no new USD LIBOR-denominated transactions, and require banks to reduce the number of legacy transactions.

“However, globally, not all regulators may take the same view, and it is not always crystal clear how a new transaction is defined. This is the problem of new drawings under pre-2022 uncommitted facilities.”

From the menu of available alternatives, Edwards’s personal recommendation is on the Term Secured Overnight Financing Rate (SOFR).

Term SOFR is an observed rate based on real transactions, and is published by the Federal Reserve Bank of New York as both an overnight rate and as 30-, 90-, and 180-day compounded averages of observed rates.

“The direction of travel is clear, not least because Term SOFR is where the liquidity is and where it percolates through,” said Edwards.

“Needless to say, ITFA will be doing its best to clear up the confusion.”

Trade Finance Global has also been involved in clearing up that confusion, having partnered with ITFA to launch a LIBOR For Trade Finance Hub in June last year.

BAFT Calls for ARRC to Endorse 12M Term SOFR

Observers at another industry body, BAFT (Bankers Association for Finance and Trade), have had a similar experience as ITFA’s Edwards.

Diana Rodriguez, Vice President for International Policy at BAFT, agreed that no one rate will replace USD LIBOR in the short-term.

Instead, it will be up to banks to decide which one best suits their needs, now that two tenors of USD LIBOR have ceased, and regulators have been clear that the remaining tenors are for new contracts or renewals.

At BAFT, Rodriguez said she has seen a “significant uptick” in the use of Term SOFR, which was endorsed by the New York Fed’s Alternative Reference Rates Committee (ARRC) in July last year.

She added that the Bloomberg Short-Term Bank Yield Index (BSBY) is also under consideration among BAFT members for certain trade finance products.

“For now, what we are seeing is that one rate will not replace LIBOR,” said Rodriguez.

“Regardless of which rate an institution chooses, bank examiners will want to see that a bank is meeting the safety and soundness principles laid out by regulators.”

Rodriguez stressed that banks should have a clear understanding of the composition of the rates they intend to use, and should have transition plans in place for committed and uncommitted facilities alike.

They should also have plans to effectively communicate with clients throughout the transition process.

“In the final months of 2021, regulators issued clear regulatory guidance, stating that banks need to employ risk management plans to pivot from LIBOR to alternative reference rates,” she said.

“In the coming weeks and months, the trade finance industry would like to see the ARRC formally endorse the 12-month Term SOFR rate, as well as greater industry coalescence on the credit adjustment spread.”

Communication is Key – JPMorgan on Delivering LIBOR Transition to Clients

At JPMorgan, America’s largest bank by market cap, the challenge of communicating LIBOR transition to clients has also been a high priority.

Natasha Condon, Global Head of Core Trade at JPMorgan, said that LIBOR transition presented not just one challenge for the bank, but several challenges rolled into one.

”Firstly, a strategic one, to align the bank’s funding model with regulatory guidance, which has changed multiple times during the preparation stage,” said Condon.

“Secondly, a technology challenge, as not only our systems, but all of our clients’ systems need to be updated to handle the new risk-free rates.

“And thirdly, and most importantly, a communication challenge for the bank with its clients – both corporates and financial institutions.”

Echoing both ITFA and BAFT, Condon said the transition at JPMorgan was well managed, thanks to early preparation and close cooperation with clients.

“The working group at JPMorgan did a fantastic job of managing this transition on all points, and from a technology perspective, I could not have asked for a smoother switchover,” she said.

“But especially in trade finance, I think our key strength has been in client communication, which turned out to be the most critical issue of all.”

Condon acknowledged that, for clients, the LIBOR transition has the potential to be “very confusing”, since different banks may take different approaches to the pricing of a deal, which can make it difficult for clients to compare quotes between providers.

“Our clients in trade finance vary from the most sophisticated banks and corporates – who are already set up to handle multiple rates and fully understand the differences – to smaller clients who have never heard of any of the alternative rates, and have been working happily from LIBOR for many years,” she said.

In practical terms, Condon said that much of the heavy lifting behind the LIBOR transition at JPMorgan therefore fell to the sales team, who were called on to educate and inform clients, and pitch alternatives that best suit their needs.

“The key for our transition was to agree a very simple, extremely transparent communication plan, so that every client who gets a quote from JPMorgan understands exactly what rate they are being offered, and how that compares to the rate they might have been used to before,” she said.

“A lot of the burden fell on our sales team to take our message to the clients, and to ensure they were completely clear on what we were doing.

“As soon as we started communicating in this way, we found that our conversations with clients improved dramatically, and they were much more comfortable doing business based on the new rates.”

Global Trade Review: ICC Targets Digital Trade Legal Reform in 100 Countries with Industry-Wide Board

Via Global Trade Review

The International Chamber of Commerce (ICC) has formed an advisory board comprising intergovernmental, policy and industry actors in the global trade and trade finance industry, in order to accelerate progress on the worldwide legal reform needed to enable digital trade.

Launched today under the auspices of the ICC’s Digital Standards Initiative (DSI) governance board, the Legal Reform Advisory Board (LRAB) is co-chaired by Chris Southworth, secretary general of ICC UK and Valentina Mintah, customs and logistics expert and member of the ICC executive board. Its members so far include the Asian Development Bank (ADB), BAFT (Bankers Association for Finance and Trade), the Commonwealth, ICC France, ICC Germany, ICC Mexico, the International Trade and Forfaiting Association (ITFA) and the United Nations Commission on International Trade Law (UNCITRAL).

GTR understands that 30 organizations in total have agreed to join the board, although these are yet to be announced.

The aim of the LRAB is to combine its members’ reach and influence to drive a globally harmonized, digitalized trade environment. “We have made enormous progress on legal harmonization over the last two years. The LRAB will play a vital role in helping us scale legal reforms,” says Southworth.

He tells GTR that the board will immediately get to work on numerous fronts. One of these will be on maintaining momentum at the G7, following the commitment made earlier this year by the intergovernmental group’s digital and technology ministers to adopt electronic transferable records in international trade transactions. In addition, the LRAB will focus its efforts on scaling the initiative up through the G20 – aiming to achieve a similar commitment in 2022.

Another area of work is within the European Union, where the LRAB will set its sights on getting an EU-wide mechanism in place to facilitate the alignment of EU laws to the UNCITRAL Model Law on Transferable Electronic Records (MLETR).

Other tasks on the to-do list include obtaining a Commonwealth ministerial commitment at the Commonwealth Heads of Government Meeting, which will be held in Rwanda in 2022, as well as working to incorporate legal harmonization into the framework of the African Continental Free Trade Area. Southworth tells GTR that LRAB will seek to secure funding for lower-income countries to enable them to implement the necessary legal changes.

“Digitalization is key to narrowing the US$1.7tn trade finance gap, but we can’t get there without an enabling legal environment. Reform is needed and the LRAB will help us scale existing efforts,” says Steven Beck, head of trade and supply chain finance at the ADB.

The LRAB also intends to work with the World Trade Organization to include a commitment to MLETR alignment in its plurilateral e-commerce agreement.

Finally, the LRAB will support individual governments to use their bilateral trade negotiations – such as those already agreed or underway between Singapore and the UK, the Abu Dhabi Global Market and China, as a vehicle to align legal frameworks and build out a network of modern digital trade highways.

“The Covid-19 pandemic massively accelerated digital transformation across a range of sectors, but outdated legal frameworks continue to inhibit the digitalization of trade finance,” says Raoul Renard, deputy director of legal reform at the DSI. “I look forward to working with our co-chairs and LRAB members – such as the ADB – to enable the necessary legal reform and bring trade finance into the 21st century.”

“Everyone coming together within the LRAB sends a strong message to policymakers and governments worldwide that industry is serious about effecting legal reform as well as ensuring a level playing field so that no-one is left behind,” Southworth tells GTR.

He adds that he expects to see “upwards of 100 countries” getting on board over the course of 2022-23.

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