Course details

Course Outline

  • Introduction.
  • Development of Guarantees.
  • Legal Analysis and Terminology
  • How to reduce Credit Risk.
  • International Bank Guarantees.
  • Types of Guarantees Regulatory and Legal Risks
  • Perceived Problem Areas
  • Comprehensive Exercises
  • Q & A and Feedback. 

KEY CONTENTS 

Introduction

  • The role of Guarantees in the International Trade
  • The nature of risk in international trade
  • Payment and Performance Obligations
  • The role of guarantees in risk allocation

Development of Guarantees

  • Financial Documents
  • Guarantees proper
  • Contracts of surely
  • Indemnities
  • Corporate guarantees and letters of comfort

Legal Analysis and Terminology

  • Primary and Secondary Obligations
  • Formal requirements
  • Consideration
  • Co-extensive of obligations
  • Bonds - Definition and Origin
  • Key distinction between bank guarantees and Sureties
  • Bank Guarantee – definition
  • Demand based Guarantees
  • Range of Demand Based Guarantees
  • Autonomy and Conditionality
  • Case Study

International Bank Guarantees – Risk Analysis

  • Guarantees and the allocation of risks
  • Obvious and hidden risks in demand guarantees
  • “Unfair calling”
  • “Extend or Pay” demands
  • What should a banker look for when issuing the guarantee
  • Default and Demand based Guarantees

Case Study 

Types of Guarantees

  • Bid/ Tender Bonds
  • Advance Payment/Retention Money Guarantees
  • Performance Bonds
  • Labour Guarantee
  • Maintenance Guarantee
  • Standby Letters of Credit(SBLC) - Origin, nature and use of SBLC
  • Comparison of SBLC and non-SBLC
  • Comparison of SBLC and Demand Guarantees

Perceived Problem Areas

  • Un-enforceable Expiry Date
  • Application of foreign laws
  • Applicable Law– Primary Sources and Subsidiary Sources
  • Statutory regulations– UAE, Kuwait, Iraq, Bahrain
  • Specific country positions– Egypt, Oman, Syria, Lebanon, Algeria, Saudi Arabia, India

Comprehensive Exercise

Q & A and Feedback 

WHO SHOULD ATTEND 

All involved in commercial dealings.

  • Importers or Exporters
  • Finance Staff
  • Logistics Staff
  • Administration staff who draft commercial documents

WHAT YOU WILL OBTAIN 

  • Update on the latest in Banking Regulations and legal opinions
  • Real life examples and interesting case studies
  • A chance to discuss and clarify your doubts, questions, trade issues etc.
  • Complete study material
  • Quality refreshments and lunch
  • Certificate of attendance
  • Networking opportunity with banking and trade professionals 
Updated on 08 November, 2015

About Navigate Consulting

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In today’s ever evolving and competitive environment we strive to empower you with knowledge that takes you beyond best practice to becoming a value added contributor to developing innovative new practices.

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