Monday, 2 May 2016

FOCUS ON INSURANCE: TOP TIPS FOR MANAGING A SUCCESSFUL CLAIM by Katie Fowler and Carol Searle of Texel Finance Limited

The private insurance market, comprising both Lloyd’s Syndicates and Companies, has been providing insurance cover for the payment risk of both public and private borrowers for many years. It is a reliable tried and tested insurance and risk distribution product. 

There are three golden principles an insured should apply in managing a successful claims process (we focus here on English law and practice): 
  • understand and comply  with the terms and conditions of the insurance contract (the “policy”) and the duties owed under insurance law;
  • understand market practice and procedure; and
  • work in partnership with and maintain good communications with insurers. 
The scope of cover for payment risk is usually straightforward so unless the loss falls outside the terms of the policy (for example the loss does not occur within the policy period) or the loss has been caused by an event excluded from cover, it is rare that a claim would not be covered. The reasons why claims may not be paid are more likely to be as a result of non compliance by an insured:
  • with the duties owed under insurance law to disclose all information material to the risk before the risk is written by the insurer; or
  • of key provisions of the policy; breach of which may prejudice cover.
So the first principle is of key importance right from the start, before the policy even incepts. When the insured discloses information about the risk to the insurer it should be mindful of the duties it owes to the insurer to give a fair presentation of the risk. An insured should also make sure it understands the consequences of breaching certain terms such as warranties and conditions precedent which could prejudice the cover. Once the policy is obtained it should not be forgotten and relegated to the bottom drawer only to be retrieved when there is a problem. An insured should make sure it understands what its obligations under the policy are and take care that it is able to comply with those obligations, especially those that must be exactly complied with. Throughout the life of the policy the insured should have systems in place to monitor ongoing compliance with the policy terms and conditions.

So the ‘golden principles’ apply when the policy is taken out and throughout its life, including the entire claims process starting with circumstances that may give rise to a loss; when there is an actual loss and the claims process; and finally following payment of a loss, subrogation and recovery. The broker plays a vital role in assisting the insured with regard to all these stages.  All the insured’s communications with the insurers referred to below would take place via its broker. The broker is the agent of the insured and will work with and for the insured throughout.

What happens if there is a potential problem?
The policy may contain terms that provide for notification of circumstances that may or are likely to give rise to a loss. It may also provide for the time period within which such notice should be given, for example an insured may be required to notify ‘as soon as reasonably practicable’ or within a number of specified days. It is also important to understand what the consequences of breaching the notification provisions would be – are the terms/conditions precedent or not? If they are, then there must be exact compliance.

The policy is also likely to contain provisions that require an insured to act with due diligence or use all reasonable measures to avoid and minimise loss.  An insured ought not, because he is covered against a loss by the policy, refrain from taking precautions which he knows he ought to take. An obligation to take reasonable measures is to prevent an insured from acting recklessly. An insured should not deliberately increase the risk of loss or deliberately prejudice the interests of the insurers.  

The policy may contain further provisions as to who is to have what degree of control over steps taken by way of avoidance of loss under the policy. The insured should always consult with its insurers and agree a course of action with them.

It is standard that insureds undertake usual loss mitigation procedures at their own expense. A policy may provide for a proportional sharing of costs should the insurers require any extraordinary costs to be incurred. In this scenario these would need to be communicated to and agreed with insurers. As mentioned below, costs incurred after a claim has been settled would be split pro-rata to the participation that the insured and insurers have in the loss.

Making a claim, how does it work?
If the risks insured against cause a loss, the insured should again notify the insurers in accordance with the provision of the policy that it has suffered a loss. The broker will assist the insured with presenting the claim to insurers. The insured must submit its claim, in a form commonly known as a Proof of Loss which form may have been pre-agreed at the time the policy was negotiated. The date of the loss and/or the notification of it (depending on the terms of the policy) will start the waiting period. This is the period which must pass before any claim is payable under the policy. A standard waiting period is 180 days.  

During the waiting period, the insured will have an on-going obligation to take steps to mitigate loss and to preserve any recovery rights that it may have. The insured should continue to consult with insurers to agree any actions to be taken during this period. Insurers will wish to manage their posting of reserves during this period to avoid calling on funds only at the expiry of the waiting period.

Also during this period, in most cases insurers will appoint a loss adjuster. The loss adjuster will review the claim, ensure there has been compliance by the insured with the duties owed pre-placement and the terms of the policy and assess the loss. In many cases the loss adjuster will visit the insured as part of this process to collect information, often accompanied by the insured’s broker who will provide guidance and assistance to the insured. The insurers or their loss adjuster may ask more questions concerning the loss. The loss adjuster will also consider and report on recovery options.

The loss adjuster is appointed by the insurers and will issue a report to the insurers. The insured and its broker are unlikely to receive a copy of that report. 

On expiry of the waiting period, the insurers must make a claims determination and indemnify the insured for its loss. The policy may contain terms which make express provision for these matters. 

Interest for payment delays during the waiting period is not ordinarily covered by the insurer unless it is recoverable from the borrower under the insured contract and has been included in the calculation of the exposure agreed by insurers.

Formalities for claim payment
An insurer may require the insured to sign a receipt and release agreement before the claim is paid; and/or the policy may provide specifically for this, including a pre-agreed format.  This is to record how and when funds are to be paid and an acknowledgement by the insured that on receipt of the funds it releases the insurer from liability for that payment. 

How does it work post claim?
Once a claim has been paid, the doctrine of subrogation entitles the insurer to step into the shoes of the insured to collect any amounts due from the borrower or any other third party up to the amount paid by them. The insurer can pursue the borrower in the insured’s name and the insured must permit this. The alternative is that the insurer takes an assignment of the insured’s rights in which case it can pursue the borrower in its own name. The policy terms are likely to specifically provide for this.

Most non payment policies require the insured to keep a minimum portion of the risk of at least 10% (the uninsured percentage) as an incentive to the insured to remain active in the claims and recovery process. Policies will provide for how any recoveries will be allocated between the parties, for example first towards reimbursing the parties for any costs that have been incurred in effecting recoveries and thereafter pro-rata to the participation each party has in the loss. Sometimes in complex situations the parties may agree in the receipt and release agreement how they will deal with and share any future recoveries. 

Although subrogation and recovery are matters which feature at the end of a claims management process in reality strategies for recovery may often be considered with insurers at the time a claim arises to minimise loss and/or to ensure a recovery for the future. 

Recoveries are of particular interest and relevance to the private political risk and credit insurance market. Not only are these an important aspect of pricing the cover (recoveries historically are said to be in the region of 30-40% although 50-70% is now expected); recoveries can positively influence long lasting relationships between insureds and insurers. 

Concluding thoughts
Once the insured has established it has suffered a loss caused by an insured event during the policy period, it is for the insurer to prove grounds for not accepting the claim. Leaving aside the remedy of avoidance for breach of the placement duties owed by an insured[1]; the grounds on which insurers may do so are:
  • disputing cover (unlikely in non-payment policies where the scope of cover is straightforward)
  • proving that the loss has been caused by an exclusion
  • breach of warranty or a pre-condition of cover
  • breach of a general term which breach has caused financial consequences.
So we come back to the first golden principle: a successful claim requires insureds to understand and comply with the terms and conditions of the policy and the duties owed under insurance law.

Alongside that, the knowledge and experience of the broker in helping with understanding and compliance with market practice is key for managing not only placing policies but also the process for timely claims payment. The London private insurance market has historically worked on a subscription basis whereby all insurers agree to the same policy wording with leading insurers driving the policy wording negotiations and influencing claim determination discussions within the insurer group to arrive at a common decision. This core principle can be lost if policies are placed vertically; i.e. each insurer agreeing their own unique policy wording and negotiating their own claim. The importance of the insured/insurer relationship in terms of transparency and sharing information and consultation for decision making is vital.

The claims process is intensive, but the majority of claims have been successful (i.e., paid promptly in full without dispute).  

Whilst it is difficult to find published claims statistics to evidence the performance of the product, Xchanging Claims Services maintains this for the Lloyd’s market and has made its headline claims figures available to ITFA members. To access these statistics readers need to log onto the ITFA website[C1]. These statistics reflect claims paid by Lloyd’s Syndicates per year since 1997 up to 30 June 2015. These statistics are recorded according to Lloyd’s risk codes. The relevant codes for non payment insurance are CF (Contract Frustration, the risk code for payment risks of public borrowers) and CR (Trade Credit risk, the risk code for payment risks of private borrowers).  








[1] This is a complex area of law which is subject to reform in the Insurance Act 2015 which will apply to policies incepting, renewed or varied from 12 August 2016.

[C1] http://itfa.org/member-area/ifa-library-and-presentations/

QUESTION & ANSWER FACILITY - FIRST INSURANCE COMMITTEE OPINION NOW AVAILABLE IN THE MEMBERS SECTION OF THE ITFA WEBSITE

The Insurance Committee is pleased to announce that a first opinion is now available for all ITFA members.

Many of our members are confronted on a daily basis with a variety of challenges and questions when trying to hedge risks acquired through their trade finance and transaction banking activities. The ITFA Insurance Committee is composed of a panel of specialists from banks, insurance and brokers. We would therefore like to offer to our members the possibility to obtain advice from these experts. Should your institution have questions related to a specific topic, just send an inquiry by email to any of the Insurance Committee members. If you prefer, the name of your institution will be kept confidential. The committee will then discuss your question and the opinion which emerges from the discussion will then be published in the members section of the ITFA website.

The first question which was submitted to the insurance committee is:

Which kinds of external ratings of insurance companies can be accepted by banks under the Standardised Approach in order to obtain RWA-relief for the covered transactions? Are these banks facing any restrictions regarding the use of insurance for capital relief?

Please click on the following link (which is only available to ITFA members) in order to view the opinion of the insurance committee.

UPCOMING EVENTS - SAVE THE DATE

May we take the opportunity to remind our readers of ITFA's 43rd Annual International Trade and Forfaiting Conference, which this year will be held in Warsaw, Poland between 7-9 September, 2016. The ITFA Conference is a wonderful networking opportunity, so don’t miss out! Moreover, should you wish to benefit from the Early Bird Discount, please register by Monday 6th June. We look forward to welcoming you in Warsaw!

Another well awaited event is the TXF Trade, FinTech and Treasury 2016 conference which is being held between 7-8 June in Glaziers Hall, London. This conference will provide first-rate learning and training opportunities, intimate networking and the interactive exchange of knowledge. To find out more, please visit the website  or click here to view the full agenda.

We also wish to remind our readers about the 13th Annual Global Commodities Finance event which is being organised by Euromoney Seminars. Taking place in Geneva between 8-9 June 2016, the conference will highlight the key issues and implications of the changing commodities market, as well as provide insight into strategies to navigate business in these uncertain times and identify new prospects for growth. For more information please click here.

UPDATE ON THE ITFA CEE REGIONAL COMMITTEE EDUCATION EVENT AND SPRING COCKTAIL, HELD ON 13 APRIL 2016

Following the success of the recently held CEE Regional Committee Education Event, we want to brief our readers with a summary of what was discussed, whilst also providing photos of the well attended event. Just under 50 individuals participated ranging from Austria, Slovakia, Czech Republic, Hungary, Germany and Vienna.

The Educational Event has held on Wednesday April 13, 2016 at the premises of UniCredit Bank Austria AG, in "Grosser Sitzungssaal" (1st floor) and the Cocktail Reception that followed was at the very traditional location “Meinl's Weinbar”.

The Educational Course started with an opening speech by Mr. Semih Özcan, Chairperson of the CEE Regional Committee. His speech also addressed updates regrading ITFA and other regional issues. 

This was then followed by a session on the ''Economic Overview of the Region with an Update on Russia'' given by Mr. Gergely Tardos, Chief Economist - OTP Bank Plc. The final session concerned ''Structured and Debt Finance Department - IIB''. The two speakers were Mr. Csaba Pásztor Chief Specialist, Capital Markets – IIB, and Mr. Anton Aleksandrov Head of Financial Institutions.

Should you wish to view the presentations, these are available to ITFA members only in the Member area of the ITFA website as per link.

We hope you enjoy the photos of the event.
             



Wednesday, 13 April 2016

CHAIRMAN'S MESSAGE - Sean Edwards, ITFA Chairman / Head of Legal at SMBC

Dear Members and Friends,

I write this fresh upon my return from the ICC Banking Commission Conference in Johannesburg where, I am pleased to say, the ITFA contribution to the development of international trade was evident. The panel on the new Standard Definitions for Techniques of Supply Chain Finance drew a large crowd and I was able to make the point that forfaiting offers a number of advantages over some of the other techniques. This does not mean, of course, that forfaiting is always the most appropriate choice for a given situation.  The opening up of the supply chain, especially for SMEs, operating at the lower levels, was a big theme of the conference. It is clear that help is still needed from government and multilaterals and opportunities for our members, whether that is in offering forfaiting or other products.

Looking at the macro picture, Q1 saw large and sometimes contradictory swings ranging from improvements in capital markets due to supportive Central Bank stances and a turnaround in EM fortunes to political instability in some regions coupled with the recent terrorist attacks and immigration crisis hitting the MENA region and Southern Europe.

One of the key concerns will clearly be the direction EM have taken over recent weeks. Since the start of the year, emerging markets have had their fair share of negative market-related news, from disappointing economic data to an ever strong dollar, emerging markets bore the brunt of the major part of a marked decline in global economic activity. Though the sharp decline in a select few commodities (such as oil and steel) could have been interpreted as beneficial for emerging markets (resulting in lower input costs), it is no secret that a large part of the livelihood of EM depend on profitability from commodities most notably grains.

However, EM saw a sharp turnaround during March, mainly on the back of accommodative stances by the ECB and Chinese Central Bank but most importantly a more dovish than expected US Federal Reserve, the result of which was a significant decline of the dollar against many emerging market currencies easing US Dollar debt burdens. This has spurred on demand within EM and we are sure to see significant improvements in economic data over the coming weeks, with improvements in commodity prices, especially oil, already apparent. Chinese economic indicators are additionally pointing towards a shift, albeit slight, in investor sentiment towards the region.

In this month’s Newsletter, we keep you informed on the ITFA Young Professional roundtable which was held earlier in January. We also keep you up-to-date on the cross-industry initiative, which establishes standard definitions for techniques of Supply Chain Finance.

I wish to remind our readers of the events organised by ITFA. The upcoming event which is being held on 12 May in Amsterdam is the Annual Spring event which is eagerly anticipated and attended by many. For more details, please click here.

We look forward to hearing from you with any feedback you may want to share with us by sending an email to myself, any of the Board Members or to our general email, info@itfa.org.

Best wishes,
Sean Edwards

ITFA ROUNDTABLE: PROFILING TRADE’S YOUNG PROFESSIONALS by GTR

GTR and the ITFA Young Professionals network hosted a roundtable in January to discuss technology and innovation, measures to attract more young talent to the business and participants’ advice for the industry, among other topics relating to the future of trade finance.
Roundtable participants:
  • Chris Hall, head of trade asset management, global transaction banking, Lloyds Bank and ITFA board member (chair)
  • Michel Meylacq, underwriter, AIG
  • Andrew Low, vice-president – global forfaiting & risk distribution, HSBC
  • Philipp Moulas, trade risk manager, UniCredit Bank
  • David Quehenberger, assistant vice-president, underwriter trade finance, Swiss Re Corporate Solutions
  • Tora Olsson, trade product sales specialist, GTS Emea, Bank of America Merrill Lynch
  • Johanna Wissing, vice-president, trade finance syndications, Barclays
  • Ben Williamson, manager, trade finance, LFC
  • Tom Glinka, associate, Sullivan & Worcester
  • Rebecca Wang, senior associate, Bank of China
Hall: Welcome to today’s GTR and ITFA Young Professionals roundtable. Although regulation has featured highly on the agenda in previous years, this year we will start by looking at the hot topic of technology and innovation. In 1997 Bill Gates stated that: ‘We need banking, but we do not need banks’. That is a thought-provoking and interesting statement – which has not yet been proved right – but there are lots of so-called disruptors and it is interesting to see to what lengths they force more traditional companies to up their game. For example, at Lloyds, we are investing in a new trade platform to enable us to better support our clients and we have a large digital business which ensures that we meet our clients’ changing technological needs. What is your firm doing to keep up to speed with technology and innovation?

Williamson: At London Forfaiting Company, we are a niche business and we provide a relatively bespoke service. For us it is mainly maintaining and developing in-house systems to bring all of our departments together. Our documentation team is based in Malta, which provides some difficulties, but we are trying to develop and work towards a system that integrates various departments and offices, including the trading desk, accounts, documentation and compliance into one system.
Wissing: It is an interesting one, particularly in trade finance because it is still quite a paper-intensive industry and, obviously, investing in systems is extremely important. At Barclays we are running various projects at the moment, such as a major trade portfolio management system which we have all been working on. As important as creating a system to show the transaction on the origination end is, it is equally important to have a risk distribution function that can then show you where the risk mitigation benefit has come from, and that needs to go through a system as well. These days, in all other areas of trade finance we see lots of system providers, such as in the supply chain finance space. In the foreseeable future, there is clearly still work to be done and an opportunity for all to catch up. We see some initiatives that have not really taken off the first time round, but might come back, such as the BPO – a proposition that, although quiet at the moment, I would say we have not seen the back of. We see this with other technologies which might not get massive traction the first time around, but slowly increase market penetration over time, such as bitcoin.
Williamson: Do you think that it is a case of how banks and companies embrace these technologies?
Wissing: It certainly is, but that is exactly the thing. If it doesn’t make it the first time around, you just try to come back and do it again. That is the case where we are trying to optimise certain processes within the bank. For example, one of the counterparties we work with has offered a one-stop-shop where we can interact electronically with their systems rather than sending the usual paper documents. The first time around, two years ago, when we were asked whether we would be interested in that we were reluctant to say yes, given some internal sign-off processes but now, we very much want to consider it again. Sometimes it is just about trying again, and seeing where innovation can push through and where it might not.
Glinka: That is right. With any new technology there is an educational element to it, but also – from a legal and regulatory perspective – it takes a while for legislation and regulation to catch up with innovation. The UK and Europe tend to be quicker in putting in place the framework for banks to work this way, but a lot of jurisdictions in which we work are a bit slower on the uptake of online documentation, especially in trade. A lot of jurisdictions still work in ‘wet-ink’ signatures and hard-copy documents.

Hall: Given that we all work in global institutions and firms, do we then need to do more to evolve and innovate?

Low: I definitely agree. We need to collaborate more, which we are already doing. For example, as I am sure that most of you know, there is the R3 consortium where financial firms and banks, HSBC included, have come together to create this framework in order to use blockchain technology in our type of industry and markets. Through collaboration this is a great opportunity to work together and find solutions for our clients, whatever our clients need.
Wang: Yes, I agree. Bank of China has worked with a lot of customers who require the bank to work with them for e-documentation. It is very customer-driven. We take on board customers’ opinions to speed up the operation process. Trade finance, as you mentioned, is very paper-intensive, so as long as we can work with a compliant legal perspective for e-documentation, banks are in the position to take customers’ requirements on board. Bank of China also has another angle, where we see e-commerce from Chinese markets, which is a very interesting aspect. A lot of cross-border trade activities are now very popular, especially from the UK to China, so the bank has been investing a lot of funds to support these cross-border trade activities. Bank of China also works with UKTI to build up this bridge for exporters from the UK to work with Chinese importers. Exporters in the UK can use this platform to find end-users in China. They can also find a business partner in China. We promote the e-commerce platform together with a legally safe procedure for business here in the UK. UKTI provides legal advice on how to build up business in China. Bank of China is continuously making much more effort in terms of technology and innovation, especially in e-commerce.
Olsson: It is a multi-tiered question, right? Obviously we are living in an era of evolving and constantly changing technology, both on a small scale and in the wider sense. As a trade finance business, there are areas we are developing to help our clients from a day-to-day perspective: for example, upgrading our platforms to upload scanned documents and including data capture software – which can enable our customers to search for an invoice number, locate it in that particular invoice and quickly find data from previous years. These may seem like very simple things, but can actually make the process more efficient for clients and save their time.
Then there are the larger industry initiatives where it is very important that banks keep up to date – but banks also have a responsibility towards their clients to maybe not take the first steps and evaluate these developments before signing up to them. I think our clients would trust us to adopt appropriate caution when it comes to those wider-ranging technological developments.
Moulas: We see a lot of innovation on the receivable financing side as well. For example, we launched the first BPO in Germany and Italy. We are continuously investing in our platforms and Big Data is definitely an important topic here. Furthermore, the matching of the trade flows with the payment flows is becoming more crucial especially in terms of Know Your Transaction and the ability to provide the necessary information to your clients.
On the distribution side there are still some issues because our customers are increasingly asking for multi-bank or multi-participant solutions and there is no standardisation. Every time you work with another bank you have to go through different documentation and you have different platforms, so it is really a lot of work, which we should work on in the future.

Hall: It comes back to Andrea’s point about working together and being more in harmony. Would you have any different views to that, from an insurance point of view?

Meylacq: As background, insurance is a ‘conditional’ product. Technology allows us to reduce the ‘conditions’ as it provides more data and gives greater visibility. As an example within insurance, take supply chain finance: historically, trade finance was generally more available to big companies and buyers – because of their investment grade or financial strength. Insurance, with buyers and funders being covered, really opens up access to supply chain finance because it is based on insight to the quality of invoices rather than solely on the quality of the buyers.
As a company, our supply chain finance platform gives banks the ability to participate as funders. Banks can participate either as part of a pool or through their own structure, but that really gives funders the ability to utilise the existing technology rather than purely investing constantly in new technology. It would be a different approach to investing, through the development of a technology that is already there, and available.
Quehenberger: Speaking from the perspective of Swiss Re Corporate Solutions, I would like to come back to what Tora said earlier: the difference between the larger trends that could go on to transform our entire industry, and the small, simple changes that make our day-to-day lives easier.
In our role as commercial insurer, our clients are the trade finance banks. We participate in the risks they originate and our main role is to follow them in their approach to doing business. Consequently, we focus on being adaptive and able to evolve our product and service offerings alongside our client banks, while ensuring we don’t interfere in the way that they interact with their own customers. Of course, if eventually there is an industry-wide standard for a risk distribution platform, it would be interesting from an insurer’s perspective as it would make risk participations easier and more straightforward. Still, we would see ourselves more in the backseat and waiting to see how the industry develops.
On the administrative side, for example, policy applications or e-signatures, we are being much more proactive. As an example, we have started to develop a platform that offers automated and instant policy issuance for transactions, as long as they fit within pre-defined criteria.

Hall: We have heard about some of what the insurance industry is doing and we have spoken about some of the client issues, but what else are our clients asking for – in particular for those of us here from a bank?

Wissing: If we look particularly, for example, at the supply chain finance space, that is exactly what clients are looking for, complete automation: ‘I can upload my invoices on to a platform or a system and as long as I have fulfilled certain criteria I get my discounted funds and I can plan my working capital around it.’
In that space, I see banks increasingly using third-party providers, so hopefully there is some harmonisation happening. We have embarked on this as well now, so we are going to be using a third-party supplier in the supply chain finance space. That will also certainly help when we are looking at bringing partners into these facilities on a primary syndication basis from the outset, or as a risk participant later on. That is probably more in the bigger, more global, picture for the larger clients.
Olsson: I think your last point is important to note: we should recognise that there are different types of clients who may have varying requirements. As banks, we need to stay close to them and develop their trade finance strategies along with them, rather than developing something we think is needed and relevant, and then offering it as a completed solution. I would say that the BPO is perhaps an example of the kind of bank-led development for which we have not seen as much uptake for from clients yet.
Having said that, clients are different. One aspect we are seeing across the board is a need for holistic solutions: one which is not only a trade finance solution but where, for example, your trade finance platform can link up to your FX business, or perhaps you can see your trade finance transactions and account balances in your cash management dashboard. It also includes simple things like having one login which allows you to access your full banking platform. This is something banks can really offer.
Glinka: What you were saying about supply chain finance in particular is interesting because we increasingly see banks whose clients have come to them and said: ‘We use this platform already, we have a commercial relationship with this platform provider, we need you to be a financer on that platform.’ From our perspective it is hard to tell how much of that is a move away from proprietary systems, but there has certainly been more of a push towards getting banks onto existing third-party platforms. It has taken a while for banks to get their heads around that and the risks surrounding that. It is a very different analysis on all counterparty, data protection, confidentiality and credit risk fronts, where you have an intermediary in a supply chain finance structure, but we are seeing more and more of that.
Williamson: We touched on a paperless system, which is what technology in the trade finance space is trying to work towards. However, we are finding that our clients are not necessarily wanting paperless transactions because the forfaiting market has always been a paper-based market and there is a sense of familiarity around the documentation process. We find that our clients are asking for the process of each transaction to speed up and the challenge we face is how to achieve this. With the ever-increasing KYC regulations that we face, a central database for KYC documents would certainly go some way to achieving a more efficient process especially within the forfaiting market. That would help us massively, but our clients are looking for a speedier process as opposed to specific tech advances. Of course these go hand in hand and I think the trade finance industry would benefit a great deal from such an advance.
Glinka: Again, a lot of the concerns that people have, particularly around outsourced or third-party applications, are KYC and sanctions-related. We have seen quite a few providers on the sanctions front where you can check names against sanctions lists, but with a trend in regulation towards knowing your customer and knowing your customer’s customer and understanding the underlying transaction a lot better, it is something that perhaps is not quite as easy just to check against. It requires real trade knowledge, which perhaps is an obstacle for automation and outsourcing of these kinds of things.
Moulas: Coming back to the KYC point that Ben just raised: it is quite interesting because certain banks here as well, like UniCredit, are working as pilot banks with Swift on the KYC register and we believe that it is definitely a step in the right direction. Especially in correspondent banking it would make our lives much easier to have a centralised database where you can just get the KYC data.

Hall: Swift is a really great example of banks and other people in the industry working together, but if you look across other industries, the world’s largest taxi firm, Uber, owns no vehicles. The world’s most popular media company, Facebook, creates no content. The world’s most valuable retailer, Alibaba, has no stock. The last one on that would be: the world’s largest accommodation provider, Airbnb, owns no property.

What is your view on what we could be doing with other vendors and third parties across the trade finance tech space to help our clients, with all of these disruptors coming into the market?

Wang: One of Alibaba’s partners is Tmall, which has a successful e-commerce platform. They are like banks. They provide credit, incentive schemes and online bonuses for purchasing from their platform and doing business with them. They provide customers with extra benefits for providing services or, as a customer, buying products from their online platform.

A lot of Chinese banks in China have worked with an online retailer such as Tmall and Alibaba. What they tried to do was to create cross-border trade activities like trades and relationships with other exporters from outside of Asian countries, such as America, the UK, Australia and New Zealand, etc. From China’s angle, about Alibaba: what they do is to also provide services via apps with which customers can make payments for a variety of purposes. The multiple services from the online retailer gives the banks the opportunity to see what kind of product they can provide them, including Big Data information exchange, settlements services and eventually financing requirements. The bank can also find the customer’s requirement for more retail business as well as wholesale business. E-commerce creates the opportunity for banks to join those successful online retailers.
For the third-party opportunities, this is where e-commerce provides banks the opportunity to see a more straightforward way to meet the needs of their customers.

Hall: The next topic for today is young professionals. As you know, ITFA has long been a proponent and supporter of young professionals, but this is the first year that there has actually been a board member seat devoted to it. I see that as a responsibility for all of us, both in this room and in the industry, to develop ourselves and others for the good of the industry and the future of it. What path did you follow to enter trade finance?


Low: My initial interest in trade was built at school, based on learning about trade flows, cycles, in subjects such as geography and economics during A levels. Following that, I decided that I had interest in those subjects and went on to university, studying the same topics. I moved to Malaysia, and at that point I decided I wanted to join a global bank, so I joined HSBC in Malaysia on a graduate programme. A six-month stint in trade turned into a permanent role and I became a trade sales manager for two years there. I then moved on to HSBC UK to become a risk distribution manager. Through this path I have been able to build on my initial interest and become a trade specialist.

Olsson: I did a humanities and Arabic degree as I was interested in the Middle East, but I eventually decided that I wanted to move away from academia and pursue an international role. By chance I ended up in trade finance and have found it to be a very rewarding and ever-developing career.

Hall: We all had different routes into the industry, which makes my next question even more important. What more can the industry do to attract young talent? People view, often from a banking perspective, DCM or coverage as being more ‘interesting’. That is historic and that is changing, but we have lots of people who have been in the industry for many years and love it.


Quehenberger: If I were to make a suggestion to the industry it would really be: ‘Go out to the universities and talk to the students. Be visible at information events, career events and tell young people that trade finance is a great job in a fascinating field.’

Williamson: You do not realise how big this industry is until you are actually in it. It is a broad, diverse, enjoyable and ever-changing market to work in. Moving on to what the industry could do to attract young talent, I feel trade finance is often seen as a stepping stone on the way to other areas of banking. The way that we can stop that and make people realise that it is actually not a stepping stone, but that it is a very interesting career path, is initiatives like the ITFA Young Professionals to bridge the gap left in the trade finance market. We need to grow this initiative and make it widespread to different markets, to different geographies and as a result we will begin to see a rise in young talent in the market.
Wissing: As Chris has already hinted, people know about the debt capital markets roles out there, but who really knows what trade finance does? It is the marketing effort which we really all need to step up to. When I say ‘we’, we obviously have got the privilege to be in this industry and we came in to it at a very young age, so we can certainly still attract the fresh talent.
Glinka: There is a retention point as well. Perhaps trade finance has a reputation for having a lot of very experienced practitioners who have been in the industry for a long time, and there is certainly plenty of jargon. It can be difficult for a young practitioner to break into trade but initiatives like this, where you are able to get together with other people at a similar level and talk about the issues, are a great thing.
Olsson: I wanted to mention promotion from within as well. I think that there is a great tradition within trade finance to promote people in operations or servicing roles, which I think would be a pity to lose. There are a lot of valuable skillsets that are learned in those types of roles that are still very relevant in the trade finance front office. Another great thing about trade finance is the international aspect and the possibility to move from one region to another. Bank of America Merrill Lynch is very supportive of internal mobility which I think benefits both the development of the individual and the teams.
Moulas: The internationality is a good selling point for our industry, and one we should highlight. I think the nature of our business is another unique point in this respect: in our industry you can see the underlying business of your transaction and how it is linked to the real economy. A large extent of our business is related to emerging markets and contributing to economic growth in such countries. In my opinion, more and more young people care about such aspects.

Hall: At the back-end of last year, ITFA formally launched its mentoring programme. The first group who will be partaking in that is a group of master’s students from one of the universities in Madrid. It is pleasing to see that some of your suggestions about going and doing more at universities will bear fruit.

Today we have looked at some emerging trends in the industry, both from a fintech perspective, but also from a development perspective. There are other imperatives that impact all of us, whatever type of organisation we work for. If you were the global head of trade finance at your organisation, what would be at the top of your agenda for 2016?

Meylacq: I have a more technical answer to that really, but it will be completely based on an insurance perspective. I would be looking into a platform that would be bringing together several sellers of invoices but also multiple underwriters, in order to facilitate for funders the access to emerging markets. This is where we see a significant difference between the banking and insurance sectors from a regulatory point of view – so the difference between Basel III and Solvency II. The insurance sector generally has more appetite than banks due to capital requirements. But this is also an opportunity because insurers could be an unlocking element here: insured risks often have lower capital requirements. So, if the banks are policyholders, this may provide them with capital relief – and technology is something that can help with both simplifying and accelerating these steps. That would be what I would be looking for in the future: to potentially fuse or ease the fusion between the banking and the insurance sectors.


Hall: Innovation and regulation in one idea, perfect.


Wissing: I completely agree in terms of fintech. It is definitely an important thing on the agenda. I would say that 2016 is going to be an interesting year. 
There are various themes and topics that I would love to look at if I was in the shoes of the global head of trade. Certainly one thing is that, looking at it from a UK perspective, the UK is a massive exporting economy, but people do tend to forget that nowadays, especially when we see emerging markets struggle. It is the right time to be investing and to encourage our clients as well to embrace the global landscape a lot more. Maybe also to educate some clients who have not seen the opportunities that are out there, and look at how we as banks can help them to manage finances, and manage the risks. That is definitely one thing where I think a lot of focus should be on: how the UK exporting economy can thrive.
Another very important aspect is what can be done for developing nations and emerging markets that are facing big challenges at the moment. We have worked in the past with multilaterals and development banks, but I think that they could be doing a lot more actually. That also needs to be driven, to a certain extent, by the banks because if we are more demanding in terms of what we want from MLAs then hopefully in turn we can get a lot more bespoke solutions than what we are currently being offered. I see so many opportunities that are basically being left on the table that would massively help some emerging markets in Africa. In Sub-Saharan Africa, for example, one would like to see a bit more of the right kind of flexibility and bespoke focus from an MLA to actually do more.

GTR: Something that we are increasingly seeing of is the idea of sustainable trade, or green financing. How does that measure on your scale of what is going to be important in, say, 10 to 20 years’ time?

Olsson: Coming back slightly to the last question – but also in line with this one: I think we are moving towards a time when maybe trade can no longer be viewed in a silo. Our clients are not asking us for a trade finance product per se. Our clients come to us with an issue or a problem, or something that they would like guidance on and we develop a solution for them. It is also important to be able to look outside of ‘trade’ and see the products within the wider context, as well as how they can be integrated as part of the broader bank offering, perhaps with the help of new technology. Green and sustainable financing is also a topic which is relevant for banks to look at across the company, not only from a trade finance perspective.
Quehenberger: I agree – this is a topic that goes beyond trade finance. From an insurer’s perspective, it really matters to have a robust understanding of the assets and projects that we support and participate in. We also need to have good knowledge on how they impact stakeholders and the environment. If banks are putting a stronger focus here, this will ideally become an important parameter and discussion point by itself, for every transaction. I am also very convinced that it will only become more important going forward, as insurers and investors are increasingly implementing sustainability guidelines that go well beyond the regulatory minimum.
In the trade finance industry, we are actually often at the forefront of this discussion. What Johanna said earlier, about co-operating with development banks, is a good case in point. Here, there is an opportunity to look at projects not only from a purely commercial perspective, but from a development angle as well. In Sub-Saharan Africa in particular, trade finance, if done right, can generate large benefits to people. This is a unique chance for the industry to not only have a positive influence locally, but to deliver a strong message to the public, investors, and regulators.

Hall: That is a nice place to sum up. Firstly, thank you to Barclays for hosting us today. It is very much appreciated. It is great to have seen and heard so much from many young professionals from a broad range of different parts of our marketplace. I hope that we are able to continue to expand our networks and bring talent into the industry, and work together more cohesively. That has been one of the key takeaways from today. We have all added great potential to our teams over the years and the people here are very much the epitome of that. It is important to make sure that we continue to provide that bridge between entrants to the industry and those with many years of experience, making sure that together we can keep trade finance vibrant, successful and holding in line with our clients’ requirements.

Many thanks to Barclays for kindly hosting this roundtable at its London office.

CROSS-INDUSTRY INITIATIVE ESTABLISHES STANDARD DEFINITIONS FOR TECHNIQUES OF SUPPLY CHAIN FINANCE

Cross-industry initiative establishes Standard Definitions for Techniques of Supply Chain Finance - a step ahead in the common understanding of terminology and techniques in supply chain finance.

BAFT and a diverse industry coalition establish standard definitions for Supply Chain Finance.

A new set of definitions recently launched will help address the global need for a common understanding of terminology, nomenclature and techniques related to supply chain finance.

Unveiled during a dedicated panel discussion at an ICC Academy hosted Supply Chain Finance Summit in Singapore, the Standard Definitions for Techniques of Supply Chain Finance are the  result of a collaborative, inclusive and consensus-based joint initiative of the International Chamber of Commerce (ICC) Banking Commission as project facilitator, BAFT, the Euro Banking Association (EBA), Factors Chain International (FCI) and the International Trade and Forfaiting Association (ITFA).The International Factors Group (IFG), one of the original sponsoring associations is now integrated with FCI.

Elaborated by members of the Drafting Group, under the guidance of the Global Supply Chain Finance Forum Steering Committee, the Definitions were compiled based upon views and feedback provided by a large representation of industry specialists and other interested parties. Including definitions and descriptions of eight identified core techniques and the Bank Payment Obligation as an enabling framework for Supply Chain Finance, they provide clarity for users, including finance providers, corporates, commercial and SME clients, investors, regulators, legal practitioners, information technology and infrastructure providers, as well as other trade finance related communities.

Supply Chain Finance is defined as the 'use of financing and risk mitigation practices and techniques to optimise the management of the working capital and liquidity invested in supply chain processes and transactions. SCF is typically applied to open account trade and is triggered by supply chain events. Visibility of underlying trade flows by the finance provider(s) is a necessary component of such financing arrangements which can be enabled by a technology platform'.

''Standardized Supply Chain Finance terminology will ensure a much clearer communication in this rather complex ecosystem of providers, clients, accounting and legal professionals, regulatory authorities and others involved in international supply chains,'' said Kah Chye Tan, immediate past Chair of the ICC Banking Commission and Chair of the Global Supply Chain Finance Forum Steering Group.

Tod Burwell, BAFT President and Chief Executive Officer and Vice-chair of the Global Supply Chain Finance Forum Steering Group said: ''Supply Chain Finance has grown and evolved in recent years in response to shifts in corporate supply chains and the ever-growing demand for trade finance. This publication should aid the market, regulators and other stakeholders in gaining clarity and consistency on the various terms and techniques used.''

Issued as a ''living'' document, the definitions will be regularly updated to remain aligned with market developments and be widely disseminated to promote the global adoption of the suggested terminology.

Both the SCF Definitions and accompanying FAQ's are available to ITFA members. Please click here, Member Areato review both documents. Please note that login details are necessary to access this restricted area on the ITFA website. 

NEW ITFA MEMBERS

The ITFA Board is pleased to announce the following two new members.

Ghana International Bank plc (GHIB) is a niche commercial bank, based in the city of London. The Bank is authorised by the Prudential Regulatory Authority (PRA) and regulated by the PRA and Financial Conduct Authority.

Operating from 67 Cheapside office, GHIB provides the full range of International Trade Finance services. Their product offering includes Correspondent and Corporate Banking services, Treasury services, and Transactional Banking services mainly to Financial Institutions and Corporate entities across Africa.

They do business in numerous African countries and in various sectors, including financial services, oil & gas, telecoms, mining and agriculture. They are also an active player in the loan syndications and the risk distribution markets in London.

Mark Arthur will be the main delegate for all ITFA related matters.

Landesbank Hessen-Thuringen Helaba (Helaba) is one of Germany's leading banks with a total business volume of around Eur180bn and 6,300 employees. Based on a strong market position as the S-centre bank for 166 Sparkassen (40% of all German savings banks), it offers all the products of a commercial bank across its home market and all over Germany. 

As a well-accepted partner and provider of financing to large corporate customers as well as small and medium-sized enterprises (''SMEs''), Helaba is also present in major financial centres - London, Madrid, Moscow, Paris, New York, Shanghai and Singapore. With a market share of 20% in Germany and 8% of the total EURO payment zone, reflecting more than 3.5bn transactions annually, Helaba is a market leader for Cash Management.

Additionally, Helaba aims to become a leading institution in German Trade & Export Finance by covering all aspects of trade and export finance activities including ECA covered solutions. Being connected in more than 120 countries, Helaba offers this international network to its corporate clients as well as to all Sparkassen and their clients in Germany.

Irina Bauer will be the main delegate for all ITFA related matters.

UPCOMING EVENTS - SAVE THE DATE

ITFA wishes to remind its members of the NERC Amsterdam Spring event, which is being held on Tuesday 12 May at 5&33 Gallery (part of art'otel). The event will consist of an Educational Seminar, including a panel discussion, followed by a reception. For further information, including the event invite, please click here.

Another event not to be missed, being held on 25 May 2016, is the Paris Masterclass - Supply Chain Finance: the state of the art after recent industry developments and the new Supply Chain Finance Standard Definitions - a Masterclass presented by ITFA and TFR on this rapidly evolving area of trade finance Paris. Click here for more details.

Also, we wish to remind you all about ITFA's 43rd Annual International Trade & Forfaiting Conference, which this year is being held in Warsaw, Poland between the 7 - 9 September at Sheraton Warsaw Hotel. As we are currently working on the Agenda and list of speakers, more information on this well awaited event will be out shortly.

ITFA ANNOUNCES A NEW ASSOCIATE, CHINA CHAMBER OF INTERNATIONAL COMMERCE/ICC CHINA (CCOIC)

ITFA works closely with many external organisations to enhance the quality of its services and keep its members up-to-date with recent developments. The ITFA Board is pleased to announce that with the help of NEARC - North East Asia Regional Committee, we have reached an agreement with China Chamber of International Commerce (CCOIC), and proudly have CCOIC as another of our ITFA Associates. 

CCOIC is a nationwide business organization in China, representing the most dynamic and internationalized Chinese companies of all sizes, sectors, and regions, as well as national and local non-governmental organizations. 

CCOIC’s mission is, in accordance with the laws and regulations of the People's Republic of China, to expand the international business relationship to the benefit of its membership and, more broadly, the Chinese economy. It favours constructive engagement with foreign countries to eliminate trade and investment barriers and a rules-based commercial environment; improvement of business self-regulation in China and representation of China in the setting of international business rules and standards.

CCOIC served as the National Committee of International Chamber of Commerce (ICC) since China’s entry into ICC in 1994. Headquartered in Beijing, CCOIC maintains a professional staff of policy experts, lawyers, trainers, event organizers, and communicators. Special initiatives covering banking rules, new energy, recycling resources, infrastructure, education and training, debt collection, and real estate mobilize the involvement and contribution of members with the backup of CCOIC branches and expert commissions.

We look forward to a successful collaboration between ITFA and CCOIC.