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WHO ARE ITFA? Founded in Switzerland in 1999 with 11 members principally from Europe Current membership around185 from over 38 countries: New members in.

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Presentation on theme: "WHO ARE ITFA? Founded in Switzerland in 1999 with 11 members principally from Europe Current membership around185 from over 38 countries: New members in."— Presentation transcript:

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2 WHO ARE ITFA? Founded in Switzerland in 1999 with 11 members principally from Europe Current membership around185 from over 38 countries: New members in 2017/2018 have come from, amongst others: Belgium, Israel, Italy, Liberia, Sierra Leone and Singapore. CEE members in Albania, Belarus, Czech Republic, Hungary and Poland

3 What do we do? Mission to set standards, to engage in advocacy
to spread knowledge, education and market intelligence serve as a networking community Membership Benefits Website, news and bulletins Knowledge, Education and Market Intelligence Education Courses Seminars and Workshops on Regulatory / Business Topics Rules, Dispute Resolution Services and Advocacy URF Conciliation and Arbitration Business and Networking The ITFA Annual Conference Regional Members Events Member Communications

4 Recent initiatives Collaboration with other industry associations (ICC, BAFT…) Uniform Rules for Forfaiting (ICC Publication no. 800) – UNCITRAL approved Co-author of Global Supply Chain Trade Finance Forum (Standard definitions for Supply Chain Finance) with ICC, BAFT, EBA & FCI Master Risk Participation Agreement Revision with BAFT Dodd Frank Title 7 Lobbying in the US with BAFT CRR Article 194 opinion re. BAFT MPA, including updates Insurance Committee Insurance Guidance on Basel and Insurance Act compliant non-payment insurance policies BCBS Opinion Accounting Principles Re-classification of trade debt as bank debt in payables finance structures IFRS9 implications for insurance and receivables finance Fintech Committee ITFA partners with R3, TradeIX and consortium banks on blockchain trade finance platform PRA Consultation Paper CP6/18 ITFA Young Professionals – Martin Ashurst Mentorship Forum ITFA release: Payables Finance – a Threat Averted. Moody’s Opinion on SCF Abengoa was influenced by representatives of ITFA who held a meeting with Moody’s to express this industry concern and to argue that the use of payables finance was a legitimate and acceptable form of finance which should not automatically result in trade debt being re-categorised as bank or financial debt. Moody’s have accepted ITFA’s concerns and have reviewed their methodology.

5 ITFA Committees Education Fintech* Insurance Market Practice Regions
Africa*, Australia and New Zealand (in progress)*, Brazil, Central and Eastern Europe, Germany, Middle East, North East Asia, Northern Europe, South East Asia, Southern Europe, VEFI (Switzerland) Young Professionals Advisory Panel* Membership and Communication Institutional Relations * Recently established committees

6 ITFA REGIONAL COMMITTEES
Switzerland Collaboration with VEFI NERC CEERC North America Collaboration with ATFA GRC SERC NEARC MENARC SEARC ARC SOUTH AMERICA Collaboration with ATFA SEARC ATFA ARC VEFI CEERC GRC Americas Trade Finance Association African Regional Committee Association of Forfaiters in Switzerland Central & Eastern European Regional Committee German Regional Committee MENARC NEARC NERC SEARC SERC Middle East & Northern Africa Regional Committee North East Asia Regional Committee Northern European Regional Committee South East Asia Regional Committee Southern European Regional Committee

7 financial supply chain opportunities

8 The ICC Supply Chain Finance Forum
Summary & Introduction Context & Background Standard Definitions Master Definition of SCF Receivables Purchase Forfaiting Factoring Factoring variations Payables Finance Distributor Finance Loans against receivables & inventory Pre-Shipment Finance Definition Synonyms Distinctive features Parties Contractual relationships and their documentation Security Risks and risk mitigation Operational procedures Benefits Asset distribution Variations Bank Payment Obligation Glossary & Appendices

9 The master risk participation agreement (mrpa)
MRPAs are a way of selling risk in an underlying transaction whilst staying “lender of record” Can be funded or funded In the trade finance market the BAFT model form, published in 2008, has been prevalent Aim is to produce a “true sale” of the underlying risk in accounting terms i.e. de-recognition Different accounting standards in US and rest of world d has resulted in different forms of MRPA English law MRPA results in a debtor-creditor relationship as between Grantor (seller) and participant (buyer) Can give an accounting true sale but not legal true sale with resultant risk on the Grantor ITFA worked with BAFT to produce a new MRPA to avoid this problem ITFA has also produced a CRR opinion on the MRPA to enable banks to obtain capital relief

10 Payables finance – diagram from scf definitions

11 Payables finance: the abengoa/carillion problem
Abengoa had implemented an extensive payables finance programme Moody’s paper in December 2015 “Reverse Factoring has Debt-Like Features” spooks the market Moody’s concerns centre around : - size of programme - uncommitted facilities - lengthening of credit terms (DPO increased) - existence of IPU - granting of security and cash collateral Danger that Abengoa might result in a generalised re-classification of trade debt as bank debt in standard financial statement adjustments Following discussion with ITFA, it has been agreed that any adjustments will be non-standard and depend on a case-by-case analysis- ITFA paper to follow Further Moody’s paper shows wide differences in treatment of payables finance programmes by large companies Collapse of Carillion PLC in UK in early 2018 prompts Fitch paper to suggest there is a “debt classification loophole”

12 Abengoa/carillion: itfa guidance
Some very basic indicators may help to assess the change in the economic substance, possibly resulting in the re-classification of trade payables as bank debt such as: Payments terms are extended beyond industry norms (indicating that the term extension exists solely because of third party financing) The Buyer assumes the financial costs of the discounting of receivables There is new security - Buyer’s parent guarantee or cash collateral - to the Finance Provider on top of what the Supplier would have had Relative large size of the program compared to other liabilities to banks A receivable has been discounted and the Buyer repays its debt beyond the maturity agreed with the Supplier The payables finance facility is committed No one factor prevails over the others – need to use judgement


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