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Mitigation of risk

14/01/2021

Mitigation of risk within trade finance has been addressed in past posts, but we thought it would be worthwhile to provide an updated blog.

 

Risk is not new to Trade Finance and risk mitigation never changes as a core essential for the business. 

 

The key to fulfilling a successful trade transaction is to understand and mitigate the associated risks. Not all risks may be applicable to an individual trade transaction but it is important to have an awareness of the possibilities.

 

As outlined below, there are numerous risks for which practitioners need to have an awareness. Detailed and focused research will help to identify and alleviate many of these risks.

 

  • Country: including political, language, cultural, technology, environmental, economic, transfer
  • Commercial: non-payment from buyer, non-delivery by seller
  • Transportation: increased transit times
  • FX and interest rate fluctuation: resulting in possible losses
  • Legal: IP, systems, courts, local law, injunctions, acceptance of ICC rules
  • Financial Crime: including money laundering, terrorist financing
  • Administrative: documentation
  • Price fluctuation: movement in volatile commodities
  • Manufacturing: investment

 

 

Risk and trust in global trade can perhaps go all the way back to mediaeval times when the modern bill of lading came into use. Prior to that, merchants used to travel with their merchandise and no such document was really required. And then, in the 18th & 19th centuries, the bill of lading transformed into a real mitigator of risk by adding functionality as a document of title. In fact, a court case in the late 19th century described bills of lading as keys to the warehouse. 

 

Obviously, many more tools are available now. But the essence has never changed, in that there is a need to understand the deal, assess the risk, decide upon the most appropriate mitigator or mitigators, ensure the documentation is right, and be aware of fraud. 

 

The first step to alleviating risk is to understand the business of a customer and applying KYC (Know Your Customer) principles. The extent of such KYC may also depend on national and regional banking regulations. At a minimum it should include an awareness of sourcing of funds, purpose of transactions, compliance checks and regular on-going reviews. It encompasses the initial gathering of information to verify identity on the basis of independent information, and to understand the nature of the underlying business.

 

There exist certain features in trade finance transactions that may provide a warning sign (referred to as "red flags") that closer attention is required. The list below is not exhaustive and each bank should ensure it has its own comprehensive list and guidelines, that is disseminated to all appropriate staff.

 

  • No requirement for an original or copy transport document and/or pre-accepted discrepancies.
  • Inconsistency with customer strategy and/or unnecessarily complex structure and/or non-standard clauses.
  • Excessive client pressure and/or avoidance to provide clarity.
  • Description of goods not matching, and/or military or potentially dual-use goods.
  • Inconsistent shipment locations / Quantity of goods exceeds known capacity of containers or usual form of packing.
  • Constant changes of address.
  • Unusually favourable payment terms.

 

 

A very simple acronym DAVEGARY will provide you with most of the information required to handle the risk elements of a trade transaction. 

 

DEAL KNOWLEDGE - It is not always necessary to understand a deal in its entire complexity. If one is dealing with a simple documentary collection, a basis awareness of the deal is sufficient. However, if one is involved in a risk participation agreement with a number of other banks in a commodity financing transaction, it is far more important to consider all aspects of the deal.

 

ASSESS THE RISK - An obvious assumption, but one that is, all too often, not applied sufficiently to enhance the security available. Risk mitigation is, essentially, an amalgamation of many factors. This is an on-going process and includes elements such as keeping up-to-date with worldwide developments by reading appropriate industry publications, attendance and participation in relevant seminars, and regular contact with others involved in trade - not just bankers, but cross-industry: importers, exporters, carriers, forwarders, insurers, inspection agencies, etc. 

 

VARIOUS TYPES OF RISK - There are varying types and levels of risk. These can be sovereign, bank, corporate, documentary, legal, commodity, pricing, delivery, performance, political, and in many instances, a combination of most if not all of these. 

 

EDUCATION - An element that unfortunately is all too often neglected. It takes time to train a person to a level whereby he or she can be expected to have an optimum level of expertise allowing them to understand the various elements that can make up a trade finance transaction. A commitment is initially required to this type of business. 

 

GO THROUGH THE TRANSACTION- A deal cannot be left alone once it has been obtained and booked. Constant monitoring is required, and factors of a political or legal nature may impact on the transaction. 

 

AWARENESS OF FRAUD - Unfortunately, since time immemorial, fraud has been, and will continue to be, with us. There have been some quite spectacular frauds in the trade finance area over the last few years, but the majority is still discovered at a very early stage before any damage can be done. Many of the successful frauds are successful for one reason only - greed. Experienced staff will virtually always ensure that you are not defrauded. 

 

RELATIONSHIP MAINTENANCE - Know your customer, meet your customer, and develop a relationship. You will come across many counterparties in trade deals, be they bank or corporate. Obviously you cannot meet them all, but relationships can be maintained and supported even by telephone contact. The more you learn about your clients, and the more trust developed with your specific contacts, will improve your knowledge and understanding of companies involved in trade financing. 

 

YOUR ULTIMATE PROTECTION - Ensure the documentation is right. Whether the deal is a letter of credit or a syndicated pre-shipment financing, this is where you ensure that your protection and rights of recourse are recorded. 

 

 

 

 

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