CiTF Chapter 15 PDF
CiTF Chapter 15 PDF
Learning objectives
By the end of this chapter, you should have an understanding of:
u what is meant by a bank payment obligation (BPO);
u how BPOs work and what tools are required;
u the benefits of BPOs to sellers and buyers;
u the International Chamber of Commerce Uniform Rules for Bank
Payment Obligations (URBPO).
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been limited innovation in this domain over the last several decades, if not
hundreds of years. While technology has evolved to enable faster and more
efficient processing, the fundamental nature of traditional trade finance has
remained largely unchanged.
Continuing evolutions in technology, together with shifting priorities and
preferences of buyers and sellers, have to some extent driven a move
away from traditional instruments, underpinning a search for new business
models and new solutions in support of trade. The widespread adoption of
trade on open account terms is a direct consequence of the changes in global
sourcing and supply chains, challenging banks to deliver more creative and
cost-effective solutions for the mitigation of risk and financing.
If industry forecasts for growth prove correct, by 2020 not only will the
value of world trade have doubled but there will also be an additional USD17
trillion worth of business, all being conducted on open account. In the face
of these changing market dynamics, the effective management of credit and
liquidity is of growing importance as a powerful strategic tool, not only in the
context of risk mitigation and payment assurance but also in having ready
access to cost-effective working capital finance. To achieve these goals, it
is recognised that there needs to be enhanced process efficiency, enabling
clear visibility into the physical supply chain (the movement of goods from
one place to another), linking to the financial supply chain (the movement of
money in the opposite direction) and facilitating the fast exchange of data
and speedy resolution of disputes.
The International Chamber of Commerce (ICC) Banking Commission is the
trusted rule-making body for the banking industry. SWIFT is the trusted
platform for banks around the world to exchange structured messages
securely, not only in support of traditional trade but also in related payments,
foreign exchange and financing. Given these trusted positions, the ICC and
SWIFT have been able to collaborate closely with a broad range of industry
stakeholders, including leading members of the banking and corporate
communities, to develop the bank payment obligation, backed by new
technology, new messaging standards and a new set of industry rules that
together provide a fresh response to the evolving needs of businesses
engaged in international commerce.
It should be noted that the BPO is not a product, but rather a framework,
complete with processes, rules, standards and practices aimed at the
provision of solutions in trade and supply chain finance. It can be used
by financial service providers, to enhance a broad range of financial supply
chain product offerings.
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15.2
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The BPO allows for a variety of features and commercial scenarios, including
the acceptance of mismatches and amendments, the engagement of multiple
banks in one BPO transaction, the ability to handle partial shipments, and
the option to share risk among banks through the distribution of obligations
under the BPO.
The BPO transaction life cycle formally begins with an ISO 20022 message
called an Initial Baseline Submission. The counterparty bank must resubmit
an identical version of the baseline in order for the transaction to become
established. The transaction cannot be established, and therefore the BPO
cannot be established, unless both sides agree. As soon as the two baselines
match, the BPO becomes an irrevocable undertaking conditional on the
matching of the specified data.
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Figure 15.1
Source: SWIFT
3. Once the goods are shipped, the sellers bank submits the invoice and
transport data to the TMA.
4. The data set match report confirms that the invoice and transport data
match the baseline and the BPO is due.
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Figure 15.2 Interactions inside the scope of the URBPO where the buyers
bank is the only obligor bank
Source: SWIFT
ISO 20022 standards are the methodology established by ISO for message
development and specify the format for commercial, transport, insurance
and certificate data sets to be submitted by a bank in relation to an
underlying BPO transaction.
ISO 20022 organises financial message definitions by business area, each
one of which is uniquely identified by a four-character business area code.
In the case of trade services management, the business area code is TSMT.
As is the case with other ISO standards in the area of financial services,
ISO 20022 standards for TSMT messages are publicly available and are not
proprietary to any technology provider or financial institution.
The Initial Baseline Submission message can be submitted either by a bank
acting on behalf of a buyer or by a bank acting on behalf of a seller. The BPO
is an optional part of a baseline, which can be established from the outset
or added later by way of an amendment. The baseline contains all of the
details of the data-matching terms and conditions that must be met in order
for the BPO to be enforced.
In order to establish a baseline and in so doing to establish the BPO the
counterparty bank must resubmit the baseline to the TMA as a confirmation
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that both banks agree on what the baseline looks like. This also confirms
that both banks agree on the data-matching terms and conditions. As soon
as the two baselines match, the BPO becomes an irrevocable undertaking
conditional on the matching of the specified data.
Later in the transaction life cycle, the goods will be shipped and the physical
documents sent directly from the seller to the buyer (as in a conventional
open account environment). At the same time, the seller will provide to
its bank the relevant data elements that have been extracted from the
underlying documents. The bank acting on behalf of the seller will submit
those data sets into the TMA for matching.
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15.4
15.4.1.1
Assurance of payment
A BPO provides an assurance of being paid in full on the due date, according
to the terms of the contract, provided the requisite data are presented and
matched.
15.4.1.2
15.4.1.3
Dispute resolution
The BPO process for handling mismatches and other data issues presents an
attractive alternative to the often time-consuming and expensive business
of resolving discrepancies in physical documentation. Data mismatches
are identified and reported quickly, providing the opportunity for such
mismatches to be accepted or rejected without delay. The definition of a
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15.4.1.4
Amendments
15.4.1.5
Risk mitigation
15.4.1.6
Finance
15.4.2.1
The BPO allows the buyer to provide key suppliers with an assurance of
being paid on time according to the agreed payment terms. This assurance
of payment comes from the obligor bank (or banks) being legally committed
to pay on the due date, provided the data submitted by the sellers bank are
compliant with the agreed terms.
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From a cash management point of view, this is beneficial to both buyers and
sellers alike, since it delivers certainty on cash flow in and out. The ability to
provide such an absolute level of payment assurance clearly strengthens the
buyerseller relationship, possibly resulting in the opportunity to negotiate
improved terms and conditions.
Buyers who engage in a BPO contract with one or more sellers will contribute
to the streamlining of supply chain processes, resulting in enhanced risk
mitigation and improved efficiency. This may be turned into a competitive
advantage over other buyers, resulting in improved payment terms.
15.4.2.2
Finance
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15.4.2.3
Process efficiency
15.5
The following are some of the circumstances where the use of a BPO in
international or domestic trade may be considered appropriate.
Where:
u a buyer and a seller wish to trade on open account terms, but seek bank
assistance to help with the mitigation of risk;
u a buyer and a seller wish to trade on open account terms, but the seller
additionally seeks an assurance of payment from the bank;
u a buyer and a seller wish to trade on open account terms, but bank
assistance may be required to support short-term working capital
financing arrangements;
u a buyer and a seller wish to trade on open account terms but to keep
open the possibility of obtaining bank assistance for financing at any
time during the transaction life cycle;
ifs University College 2014
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15.6
Article 1
Article 1a defines the scope of the URBPO as follows:
The ICC Uniform Rules for Bank Payment Obligations (URBPO) provide
a framework for a Bank Payment Obligation (BPO). A BPO relates
to an underlying trade transaction between a buyer and seller
with respect to which Involved Banks have agreed to participate in
an Established Baseline through the use of the same Transaction
Matching Application (TMA).
Article 2
Article 2 describes the applicability and binding nature of the URBPO subject
to specific version numbering and mandatory use of ISO 20022 messaging
standards.
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Article 3
Article 3 provides a list of general definitions and how these should be
interpreted in the context of the URBPO. For example:
u an involved bank means a sellers bank or recipient bank (depending
upon its role at any given time), a buyers bank, an obligor bank or a
submitting bank;
u the recipient bank is the beneficiary of the BPO and will always be the
sellers bank;
u the buyers bank may or may not act as an obligor bank;
u a submitting bank is a bank whose only role is to submit data.
Article 4
Article 4 provides a list of message definitions, describing all such ISO 20022
TSMT messages as may be used in a BPO transaction.
Article 5
Article 5 provides specific interpretations within the scope of the rules, eg
that branches of a bank located in different countries are considered as
separate banks.
Article 6
Article 6 indicates the separate nature of a BPO from the underlying contract.
Article 7
Article 7 describes how BPO data may be extracted from the physical
documents which, in the majority of cases, may still exist. Banks involved
in a BPO transaction deal in data, not documents or the goods, services or
performance to which the data or documents may relate.
Article 8
Article 8 covers the expiry date for the submission of data sets. The use of
Universal Time Co-ordinated (UTC) allows for the adoption of a consistent
and standard timing protocol on a global basis. UTC is recognised as the
primary standard by which world time is regulated: it is commonly used in
the synchronisation of computer systems and the internet.
Article 9
Article 9 covers the role and responsibilities of an involved bank, including
the obligation to act without delay on receipt of a message from a TMA.
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Article 10
Article 10 covers the undertaking of the obligor bank, including those
scenarios in which there may be more than one obligor bank.
Article 11
Article 11 covers the subject of amendments, again including scenarios
where there may be more than one obligor bank.
Article 12
Article 12 covers the use of a disclaimer clause, consistent with other ICC
rules.
Article 13
Article 13 addresses the concept of force majeure, also consistent with
other ICC rules.
Article 14
Article 14 specifies that an involved bank cannot be held liable if a TMA is
unavailable.
Article 15
Article 15 specifies applicable law (being that of the country where the
branch or office of the obligor bank is situated).
Article 16
Article 16 confirms that a recipient bank has the right to assign any proceeds
under a BPO.
Chapter summary
This chapter has looked at the subject of bank payment obligations (BPOs)
and the ICC rules covering them:
u BPOs are designed to enable faster, cheaper payments and enhanced
working capital management. They are an addition to the existing toolkit
of solutions available to buyers and sellers engaged in ongoing trading
relationships.
u BPOs have been created in response to the changing nature of
international trade, particularly the growth of open account trade.
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Chapter summary
u The BPO transaction life cycle formally begins with an ISO 20022 message
called an Initial Baseline Submission. The counterparty bank must
resubmit an identical version of the baseline in order for the transaction
to become established. The transaction cannot be established, and
therefore the BPO cannot be established, unless both sides agree. As soon
as the two baselines match, the BPO becomes an irrevocable undertaking
conditional on the matching of the specified data.
u Benefits of BPOS to the seller include:
assurance of payment;
cash flow forecasting and working capital management;
dispute resolution;
amendments;
risk mitigation;
finance.
u Benefits of BPOs to the buyer include:
securing the supply chain;
finance;
process efficiency.
u There are a number of situations in which buyers and sellers wishing to
trade on open account terms might consider use of BPO, for example risk
mitigation or support for working capital financing arrangements.
u The Uniform Rules for Bank Payment Obligations (URBPO) have been
effective since 1 July 2013.
Appropriate situations for the use of a BPO have been examined.
A summary of the ICC URBPO rules has been provided.
References
ICC (2013) Uniform rules for bank payment obligations. ICC Publication No. 750E.
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Review questions
The following review questions are designed so that you can check your
understanding of this chapter. The answers to the questions are provided at
the end of these learning materials.
1.
In the world of trade finance, what does the term BPO mean?
a. Business process outsourcing
2.
What are the three components that must interact with one another to
facilitate the successful completion of a BPO transaction?
3.
4.
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Review questions
5.
6.
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