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CiTF Chapter 15 PDF

This chapter looks at a new type of payment instrument: the bank payment obligation (BPO) by the end of this chapter, you should have an understanding of: u what is meant by a bank payment obligation; u how BPOs work and what tools are required; u the benefits of BPOs to sellers and buyers. The finance of trade is a long-established, highly specialised branch of banking.

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0% found this document useful (0 votes)
905 views18 pages

CiTF Chapter 15 PDF

This chapter looks at a new type of payment instrument: the bank payment obligation (BPO) by the end of this chapter, you should have an understanding of: u what is meant by a bank payment obligation; u how BPOs work and what tools are required; u the benefits of BPOs to sellers and buyers. The finance of trade is a long-established, highly specialised branch of banking.

Uploaded by

lethinha1982
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 18

Chapter 15

Bank payment obligations


(BPOs)

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).

In Chapter 7 and Chapter 8 we looked at documentary collections and at


documentary credits respectively. These provide more security to sellers
than selling on open account terms where, for example, the buyer may not
be well known or may not be financially sound. As the names suggest, both
of these settlement terms rely on the physical transmission of documents,
with the inherent risk of increased cost and time delays.
This chapter looks at a new type of payment instrument: the bank payment
obligation (BPO).

15.1

How was the concept of the BPO


developed?

The finance of trade is a long-established, highly specialised branch of


banking that is critical to the successful and efficient flow of commerce.
Traditional mechanisms and instruments, such as documentary collections
and documentary credits, are so well established and trusted that there has
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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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How does a BPO work?

15.2

How does a BPO work?

A BPO is an irrevocable undertaking given by one bank to another bank


that payment will be made on a specified date after a successful electronic
matching of data according to an industry-wide set of rules.
The successful establishment and completion of a BPO transaction require
the close interaction of three critical components:
1. the transaction matching application (TMA), which provides the platform
for the exchange of messages;
2. the ISO 20022 TSMT messaging standards (see section 15.2.2 below),
which enable the data to be presented and matched in a structured way,
according to accepted industry practice;
3. the ICC Uniform Rules for Bank Payment Obligations (URBPO), providing
a framework for BPO transactions in much the same way as UCP 600
provides a framework for documentary credits (see Chapter 8).
If we consider a documentary credit as placing an obligation on an issuing
bank to pay, subject to the physical presentation of compliant documents,
then the BPO places a similar obligation on an issuing bank (known as the
obligor bank) to pay, subject to the electronic presentation of compliant
data. These data are presented (and matched) through a central transaction
matching application (TMA).
To develop new products based around a BPO, a bank must: address its
product positioning relative to existing open account and documentary
solutions; and deploy a technology platform that can support communication
not only with the corporate client but also with a central TMA, such as SWIFTs
Trade Services Utility, while interacting with the banks own accounting,
credit, capital reporting and payment applications. To make these products
successful, a bank must also develop its own commercialisation plan.
A BPO is made up of the following data elements:
u the bank that must make payment under the BPO (the obligor bank);
u the bank that receives payment under the BPO (the recipient bank);
u the maximum amount that will be paid under the BPO;
u the date of expiry of the BPO;
u the amount of charges to be taken by the obligor bank;
u the country whose law governs the transaction;
u payment and settlement terms (at sight or deferred).
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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.

15.2.1 BPO workflow


From a corporate perspective we can think of a BPO transaction in four
distinct stages (see Figure 15.1).
1. The buyer and seller contract to use a BPO as the method of payment.
2. The relevant purchase / sales order data are passed to each bank.
3. After shipment, the seller provides commercial and transport data to its
bank.
4. When the commercial and transport data have been matched to the
purchase order data, the BPO is due and payment (or an undertaking
to pay at an agreed future date) will follow.
All of these steps involve interactions between buyers, sellers and their
respective banks without touching the TMA. These steps are therefore
outside the scope of the TMA service and outside the scope of the URBPO.
There are no rules governing the way in which data are exchanged between
a corporate customer and a bank. This is purely a matter for negotiation
between the customer and its selected service provider.
From a bank perspective, we can also think of a BPO transaction in four
stages (see Figure 15.2).
1. The buyers bank uses the purchase order data to submit a baseline, and
the sellers bank uses the purchase order data to resubmit the baseline.
This enables the transaction to become established.
2. Both the buyers bank and the sellers bank receive a baseline match
report, to confirm that the two baselines match.

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How does a BPO work?

Figure 15.1

Interactions outside the scope of the URBPO

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.

15.2.2 ISO 20022 standards


The International Organization for Standardization (known as ISO) is the
worlds largest developer and publisher of International Standards, with a
membership of more than 160 national standards bodies.
ISO 20022 is a set of standards developed by ISO for use in the financial
industry. Usage of ISO 20022 messages results in consistency and uniformity
of format and terminology through use of a common data dictionary. The
adoption of structured ISO 20022 TSMT messaging standards is mandatory
to support the exchange of BPO data through a recognised TMA.
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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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How does the BPO compare with existing tools?

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.

15.3

How does the BPO compare with


existing tools?

The closest comparable tool to a BPO is the documentary credit (see


Chapter 8), which guarantees payment by the issuing bank or confirming
bank, as long as certain documentary conditions are met. However,
promoters of BPOs are keen to differentiate the two instruments and do
not wish BPOs to be seen as an electronic form of a documentary credit.
It is emphasised that, although BPOs and documentary credits are both
conditional payment instruments, with the BPO the payment is triggered
by presentation of electronic data, rather than hard-copy documents such
as invoices and bills of lading.
It is important that BPOs are perceived to be a more secure alternative to
pure open account trading, requiring (possibly) less use of credit insurance.
Another advantage is the speed of the transaction. The BPO has the potential
to remove several days from the sellers days sales outstanding (DSO), thus
improving its cash flow and working capital positions.
In this context, it should be noted that a common measure of management
effectiveness is the cash conversion cycle, combining activity ratios related
to accounts receivable, accounts payable and inventory turnover. The cash
conversion cycle is based upon a combination of DIO (days inventory
outstanding) plus DSO (days sales outstanding) minus DPO (days payables
outstanding). In other words, it calculates the number of days working stock
is held as part of inventory plus the number of days it takes to collect
payment from debtors whilst taking away the number of days taken to pay
creditors. The lower the net result, the more efficient the organisation is in
its deployment of cash. Some retailers are able to work to a negative cash
conversion cycle by selling stock before paying suppliers.
One material difference between a BPO and a documentary credit is that the
BPO is given by a bank (the obligor bank) in favour of another bank (the
recipient bank), whereas a documentary credit is issued by a bank in favour
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of a corporate client the seller and ultimate beneficiary. Consequently, it


is not technically possible for a BPO to be confirmed in the traditional
sense. Hence, the role of a confirming bank, which is commonly used
in documentary credit transactions, does not apply in the case of a BPO
transaction.
When and how value is passed to the seller is outside the scope of the
URBPO, and will form part of a separate agreement between a recipient
bank (the sellers bank) and its customer. Included in the terms of such
an agreement, the recipient bank can issue another contingent obligation
towards the seller, based on the BPO received. This can have the same effect
as a silent confirmation of a documentary credit, whereby a beneficiary can
enter into a separate arrangement with a negotiating bank to commit to
negotiate the documentary credit on its due date.

15.4

What are the benefits of BPOs?

15.4.1 Benefits for the seller


The following sections outline the benefits of using BPOs for the seller.

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

Cash flow forecasting and working capital


management

Day-to-day cash flow can be managed in an efficient manner, as can


treasury forecasts, anticipating in advance any opportunities to invest or
requirements to borrow.

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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What are the benefits of BPOs?

data mismatch is less subjective than a discrepancy in a paper document,


since in the case of a data element it either matches or does not match.

15.4.1.4

Amendments

The terms and conditions attached to a BPO transaction can be amended


quickly and easily by mutual agreement between the involved banks. This
includes the ability to: create a transaction without a BPO but then add the
BPO later by way of an amendment; or change the due date of the payment.
Such flexibility can provide additional advantages in relation to the cost of
capital and hence the cost of financing.

15.4.1.5

Risk mitigation

A BPO establishes a baseline agreement, so that everyone involved can share


a common view and level of comfort, hence facilitating the mitigation of risk.
Having multiple BPOs for a single transaction creates a wider opportunity for
trade asset distribution, for example in a lead bank model where one bank
may invite other obligor banks to participate in a risk. If multiple obligor
banks are involved in a single TMA transaction, the amount due by each
obligor bank is proportional to its share of the total of all BPO amounts. No
joint and several obligations are created.

15.4.1.6

Finance

In the absence of a documentary credit, sellers lack the collateral to obtain


finance under open account. Available options may be limited to factoring or
invoice discounting. With a BPO, a comprehensive range of financing options
can be made available, including pre-shipment and post-shipment finance.

15.4.2 Benefits for the buyer


The following sections outline the benefits of using BPOs for the buyer.

15.4.2.1

Securing the supply chain

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

From a buyer perspective, a BPO is obviously safer than pre-payment. It


allows the buyer to confirm that the goods have been shipped on or before
the due date according to the required specification, before committing to
pay.
Because the electronic processing of data is faster, the buyer can potentially
get quicker access to banking services, including financing where required.
Because the BPO provides banks with greater visibility into the trade
transaction, the buyer can also benefit from specific financing services (eg
extended payables finance), tailored to working capital needs at any stage of
the transaction life cycle. This feature is similar to what is available through
the existing documentary credit practices, but offers a wider spectrum of
financing opportunities in a more timely fashion. Because it can be created
at any time during the life cycle of a transaction, and for an amount that
can differ from the total value of the goods, the BPO offers greater flexibility
than a documentary credit.
It can also help to spread payment risk across several obligor banks, for
example by instructing a lead bank to allocate the risk according to a trade
asset distribution model. This flexibility could result in lower financing costs
as well as reduced costs for the seller, creating more value in the supply chain
and potential opportunities for higher degrees of accuracy and objectivity.
For critical suppliers, a buyer may decide to offer a BPO in order to ensure
that the goods ordered continue to be delivered on time and that there are
no interruptions to the supply chain.
A seller can get financing from its bank at different stages in the transaction
life cycle. The BPO can be used to sustain the sellers working capital
in support of, for example, production (pre-shipment finance, inventory
finance), product shipment (packing and distribution loans) or business
development and growth. Failure to have access to these facilities could
prove detrimental to the sellers continued ability to trade.

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In what circumstances should a BPO be considered?

15.4.2.3

Process efficiency

While the manual documentary credit process implies a detailed verification


of documents, including a line-by-line examination of some of the shipping
documents, the BPO requires only the matching of a limited number of
relevant data elements to guarantee the payment or to support a proposition
for financing.
At the same time, there is the added flexibility that in the event of data
mismatches being found, the buyer has the immediate discretion to accept
or reject such mismatches, so reducing the risk of extended disputes and
delay.
Buyers trade with multiple sellers across the globe, often in different
jurisdictions resulting in a variety of payment terms, and potentially using
more than one supply chain finance platform. These platforms use different
exchange mechanisms, from electronic proprietary data formats, to fax
and email. The cost of integration with corporate back-office applications
becomes prohibitive, when the number of trading players grows or varies
over time. It also implies significant on-boarding costs (ie the process
of bringing suppliers on board to participate in the financing scheme)
and lengthy know your customer processes. The BPO is designed for a
four-corner business model, involving a buyer, a seller, a buyers bank and a
sellers bank. The goal is to help buyers to reach multiple suppliers through
selected banks in the existing correspondent banking network.

15.5

In what circumstances should a


BPO be considered?

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;
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u the costs associated with alternative forms of trade or supply chain


finance are unacceptable to one or both parties and threaten to
compromise the trading relationship;
u the exchange of paper documents is mandated as between buyer and
seller, but such documents are not required to be physically presented
through the banking system.

15.6

ICC Uniform Rules for Bank


Payment Obligation (URBPO)

The ICC Banking Commission has adopted BPOs as an accepted market


practice, in the same way that documentary credits became accepted under
the ICC Uniform Customs and Practice for Documentary Credits rules (UCP
see Chapter 8). Having worked jointly with SWIFT on the development
of the rules, the ICC approved the Uniform Rules for Bank Payment
Obligations (URBPO), publication no. 750, version 1.0 in April 2013 with
an implementation date of 1 July 2013.
While some banks have already conducted transactions with the use of a
BPO, others are currently involved in developing their own solutions and
have clients trying to identify potential counterparts.
The foreword to the URBPO states clearly that the use of BPOs is aimed as
a solution to supply chain financing problems. It is hoped that banks and
non-bank providers will respond with financing services to complement BPOs
and meet their clients needs, whether in international or domestic trade.
There are 16 articles in the URBPO, and the areas covered are outlined below.

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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ICC Uniform Rules for Bank Payment Obligation (URBPO)

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

b. Bank payment obligation

c. Broker price opinion

d. Bank payment order

2.

What are the three components that must interact with one another to
facilitate the successful completion of a BPO transaction?

3.

How can a BPO become established?

4.

Who is the beneficiary of a BPO?

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Review questions

5.

How can a BPO be confirmed?

6.

If a transaction contains multiple BPOs, what is the obligation of each


obligor bank?

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