Risk Notice

Red Flags: Misdescribed Trade Finance Guarantees and Commitments

Summary The International Chamber of Commerce (ICC) has announced that Standard Chartered has adopted the full suite of ICC Principles for Sustainable Trade Finance (PSTF), marking a significant step towards greater consistency, transparency, and scalability in sustainable trade finance. The adoption of PSTF by leading banks like Standard Chartered underscores the importance of standardized guidelines for assessing sustainability in trade finance.

As the world's standard-setter for trade finance, ICC creates rules that keep transactions predictable and enforceable across jurisdictions. Through close collaboration with major standard-setters such as the Basel Committee and regulators like the European Union, the Bank of England, and the Monetary Authority of Singapore, ICC ensures business expertise shapes policies and frameworks governing global finance.

The ICC Trade Register has supplied robust data to regulators and investors for over a decade, demonstrating historically low loss and default rates in trade and export finance. By aligning capital and liquidity requirements with this reality, banks can serve small- and medium-sized enterprises (SMEs) and emerging markets more effectively, improving pricing and reducing the financing gap without compromising financial safety and soundness.

Why it matters

The adoption by Standard Chartered of the full suite of the ICC Principles for Sustainable Trade Finance marks a significant step towards greater consistency, transparency and scalability in sustainable trade finance.

As the world's standard-setter for trade finance, the International Chamber of Commerce (ICC) creates rules that keep transactions predictable and enforceable across jurisdictions. The ICC Global Banking Commission, led by Tomasch Kubiak and Vidusshi Singh, works closely with leading banks, corporates, traders, and top executives to shape the way trade finance works.

The ICC Trade Register has supplied regulators and investors with robust data on historically low loss and default rates of trade and export finance across products and regions. This data enables aligning capital and liquidity requirements with reality, freeing capacity for banks to serve small- and medium-sized enterprises (SMEs) and emerging markets, improving pricing and reducing the financing gap without compromising financial safety and soundness.

The ICC's work in sustainable trade finance is essential to channel capital towards low-carbon and socially responsible economic activity. The ICC's Principles for Sustainable Trade and Trade Finance provide a globally applicable framework to assess sustainability, offering clear, transparent and consistent guidelines along with standardised definitions.

Key points

* The International Chamber of Commerce (ICC) has announced that Standard Chartered has adopted the full suite of ICC Principles for Sustainable Trade Finance (PSTF), aiming to promote greater consistency and transparency in sustainable trade finance. * Misdescribed trade finance guarantees and commitments pose significant risks to businesses, making it essential to identify red flags and implement effective controls to mitigate these risks. * The ICC's work on trade finance is closely aligned with the United Nations Commission on International Trade Law (UNCITRAL) and other major standard-setters, ensuring that business expertise informs policy decisions and frameworks governing global finance. * Trade finance instruments, such as export guarantees and supply chain financing, play a crucial role in managing risks and facilitating international trade, but compliance frameworks often impose blanket requirements that can slow transactions. * The ICC's Principles for Sustainable Trade and Trade Finance provide a globally applicable framework to assess sustainability, offering clear guidelines and standardised definitions to support businesses in aligning with environmental and social goals. * Effective controls against financial crime require proportionate approaches that direct supervisory attention where risk is highest, reducing duplicative checks while maintaining robust safeguards against money laundering and other illicit activities.

Institutional context

Institutional context

The International Chamber of Commerce (ICC) plays a pivotal role in shaping global trade finance standards through its Principles for Sustainable Trade Finance (PSTF), which has been adopted by Standard Chartered as part of its commitment to sustainable trade finance. The ICC's work is informed by close collaboration with leading standard-setters, including the United Nations Commission on International Trade Law (UNCITRAL) and major regulators such as the European Union, Bank of England, and Monetary Authority of Singapore.

The ICC Global Banking Commission, led by Tomasch Kubiak and Vidusshi Singh, drives this work, providing business expertise to inform policies and frameworks that govern global finance. The ICC's Trade Register has become a trusted source of data for regulators and investors, demonstrating the historically low loss and default rates of trade and export finance across products and regions.

The ICC's efforts are part of a broader push to accelerate the shift towards digital trade, with initiatives such as electronic letters of credit and collections (eUCP/eURC), and a new framework for fully digital transactions (URDTT). These efforts aim to reduce delays, errors, and fraud risk while improving visibility and compliance, and unlock quicker processing and wider participation in global value chains.

Practical considerations

To assess the risk of misdescribed trade finance guarantees and commitments, practitioners should scrutinize the following red flags:

  • Lack of clear documentation or inconsistent information on guarantee terms and conditions.
  • Inadequate risk assessment or failure to identify potential risks associated with a trade finance transaction.
  • Unusual or unexplained changes in payment terms, interest rates, or other key aspects of a trade finance agreement.
  • Failure to disclose material information about the underlying transaction or the creditworthiness of the counterparty.

Practitioners should also be aware of the importance of understanding the ICC Principles for Sustainable Trade and Trade Finance, which provide a globally applicable framework for assessing sustainability. This includes recognizing the need for common, practical definitions to avoid fragmentation and greenwashing in the market. Furthermore, the use of digital tools and standards, such as eUCP/eURC and URDTT, can help improve transparency and security in trade finance transactions.

To implement these measures effectively, practitioners should engage with their respective regulatory bodies and industry associations, such as the ICC Global Banking Commission, to stay informed about best practices and emerging trends in trade finance. By doing so, they can better mitigate risks associated with misdescribed trade finance guarantees and commitments, ultimately promoting a more stable and efficient global trade system.

Entities covered

Source: International Chamber of Commerce — Trade finance