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News round-up – 1 October 2021

01/10/2021

New rules to govern digital trade enter into force today!

The newly approved Uniform Rules for Digital Trade Transactions are officially released and enter into force today, 1 October 2021. You can download them here

Trade Register – 2021 report now out

The annual ICC Trade Register report was released on 28 September. This year’s report assesses the performance of trade assets in both 2019 and 2020 – thus capturing the impact of the Covid-19 pandemic on the market. The public executive summary and details on how to order the full report are available on the ICC’s dedicated ICC Trade Register project page

Defining sustainable trade finance transactions

A new ICC initiative to develop a common industry taxonomy for sustainable trade finance is now fully up and running. Both the Review Group and Steering Committee for this project held kick-off meetings earlier this week – with the development of the taxonomy to be undertaken via four short consultations with these members. The ICC aim to release a “beta” version of this vital framework at the UN’s climate conference (“COP26”) in November.

ICC Banking Commission Technical Meeting sessions

The ICC Banking Commission’s next plenary  session will be held on Thursday, 7 October 2021 and the session reviewing the latest Opinions will be held on Wednesday, 6 October. Details of the opinions approved will appear later in the week in the usual newsletter that is available to members of this website.

ICC Sustainable Export Finance Report released 22 September 2021

Developed with the support of the Rockefeller Foundation and 16 leading banks, the white paper explores how the US$700 billion export finance industry can significantly increase its contribution to the achievement of the United Nations Sustainable Development Goals (SDGs) and the Paris climate accord.

Export finance is used to enable the purchase of capital goods through loan agreements granted to importers and secured by sovereign guarantors – most commonly, an Export Credit Agency (ECA) in the exporter's home country. Despite its strategic importance in facilitating the types of capital expenditure called for by the SDGs, the asset class has previously received relatively little attention as a potential driver of sustainable development.

Through an extensive six-month market consultation of over 500 market participants and more than 150 interviews – including with export credit agencies, government authorities, banks, buyers, exporters, industry associations and civil society – the white paper presents for the first time product and policy recommendations to accelerate the flow of export financing towards sustainable activity globally.

The report concludes with a number of headline recommendations, including:

·       Aligning ECAs, bilateral development finance institutions and domestic financing initiatives to enable a “whole of government” approach towards global sustainability commitments;

·       Scaling support for innovative export finance deals, including leveraging blended finance structures to meet the capital expenditure needed to meet the SDGs; and

·       Reviewing – and potentially revising – the OECD’s framework governing the operations of ECAs to allow for more flexibility and incentives for transactions that support global sustainability goals. 

Please click here to read the white paper in its entirety. 


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1/ According to the Guarantee, the Guarantee is governed by the URDG and the law of Italy. The guarantee document does not specify the exact content of the Demand Document when claiming the payment. In this case, does the content in the guarantee exclude the provision of sub-article 15 (a) in the URDG? Or does the Demand Document still need to comply with the requirements of sub-article 15 (a) of the URDG when claiming payment (e.g., indicating in what respect the applicant is in breach of its obligations under the underlying relationship)? 2/ Regarding this clause: 'against your first written demand and this notwithstanding any objection of whatever nature by ABCDE Mechanical Construction Joint Stock Company or any third party and without necessity of any legal or judicial proceedings', if there is a court order to suspend the payment, is the Guarantor allowed to stop the payment and comply with such order? /QUOTED/ FORM OF BANK GUARANTEE FOR ADVANCE PAYMENTS We, XYZ bank, with main office in [address] guarantee to you on behalf of ABCDE Mechanical Construction Joint Stock Company for the amount of USD 783,848.75 (In words: Seven hundred eighty-three thousand, eight hundred forty-eight dollars and seventy-five cents). This bank guarantee comes into force only after the receipt by the Guarantor of USD 783,848.75 (In words: Seven hundred eighty-three thousand, eight hundred forty-eight dollars and seventy-five cents). for further credit to the applicant’s account no. 12345678 (USD Account) with the Guarantor, provided such remittance identifies this guarantee no. (insert when issue officially) and the contract no. xyz and valid for the whole amount until 06/15/2027 Demand(s) for payment and document under this guarantee must be made in English and quote this guarantee number and submitted in paper by the beneficiary's bank in one lot by courier to our counter at above mentioned address (attention: [name]) on or before the expiry date. This Guarantee is governed by/subject to the latest version of Uniform rules for Demand guarantee (URDG), ICC Publication but to the extent the practices make no provision for the matter in question, this Guarantee is governed by/subject to the laws of Italy. /UNQUOTE/