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www.iiblp.org Publications Seminars Resources The Institute of International Banking Law & Practice is a not-for-profit educational and research organization dedicated to the harmonization of letter of credit law and practice. Headquartered in the United States with Associate Directors in Singapore and Ireland and Associates and Fellows in more than 15 countries, the Institute sponsors, undertakes, and cooperates in projects, programmes, and publications related to letter of credit law and practice. Since its formation in 1987, the Institute has been a leading force in the letter of credit world, bringing together bankers, lawyers, regulators, academics, and corporate users in forums and educational events. It has formulated widely used practice rules, worked with leading organizations, published books, and conducted highly influential programmes. The Institute has worked with organizations such as the UN Commission on International Trade Law, SWIFT, BAFT, the International Chamber of Commerce, ICC National Committees in more than 15 countries, and various trade organizations and academic institutions around the world. The Institute has also been at the forefront of combating commercial fraud, seeking to encourage the exchange of information and proactive educational activities. In addition to its work in the field of commercial fraud, the Institute has been involved in issues related to trade based financial crime compliance. Its model sanctions clause for letters of credit has been widely praised for its balance and restraint. It has offered seminars on trade based financial crime compliance in New York, Chicago, Tampa, Atlanta, London, Hong Kong, Dubai, and Stockholm. You can learn more about the Institute’s products and services by visiting www.iiblp.org.
2021 CONFERENCE MATERIALS TABLE OF CONTENTS 2021 APAC Online Annual LC Survey Conference Programme ..................................................... 4 APAC Online Annual LC Survey Conference Co-Sponsors ............................................................. 9 Panelist Biographies .......................................................................................................................... 16 Links to Online Resources 2021 APAC Online Annual LC Survey – Links to Informational Resources ................................. 3 1 Case Analysis & Materials “2020-2021 Letter of Credit Cases of Interest” Prepared by Carter Klein, Jenner & Block LLP ........................................................................ 3 3 Bank of China Ltd, Singapore Br. v. BP Singapore Pte Ltd by Dr. SOH Chee Seng ................................................................................................................ 4 3 CAMA (Luoyang) Aviation Protective Equipment Co. v. UBAF (Hong Kong) Ltd. by Jun XU ...................................................................................................................................... 46 Leonardo S.p.A. v. Doha Bank Assurance Co. LLC by Dr. Karl MARXEN .................................................................................................................... 5 8 Louis Dreyfus Company Suisse SA v. International Bank of St. Petersburg ................................. 64 Punjab National Bank v. Malayan Banking Bhd by Dr. SOH Chee Seng ................................................................................................................ 66 Salam Air SAOC v. Latam Airlines Group SA ................................................................................. 72 United Coals, Inc. v. Attijariwafa Bank by Jacob MANNING ................................................................................................................... 7 3 Yapi Kredi v. Shenyang Yuanda Aluminum Industry Engineering Co. by Jun XU ...................................................................................................................................... 75 Additional Resources Spring 2021 ICC Opinions – Capsules ............................................................................................ 8 5 3
2021 APAC ONLINE ANNUAL LC SURVEY 2021 APAC Online Annual LC Survey Programme Thursday-Friday, 22-23 July 2021 (Programme and panelist participation is as of 18 July and subject to change) Thursday, 22 July 8:30 – 9:00 Online Check-In and Entry to Day 1 Session 9:00 – 9:10 Welcome and Introduction Welcome Remarks: Michael BYRNE (IIBLP) 9:10 – 10:00 The Brave New World for Global Trade • Where Trade Is & Where We’re Headed: Light at the End of the Long, Dark COVID Tunnel? • Alleged Unfair Standby LC Draws • Ripe or Hype? The Market for Secondary Risk Participation in Trade Finance Deals • Force Majeure and ICC Rules: Lessons Learned • Fallout from Singapore’s Commodity Financing Scams Moderator: Vin O’BRIEN (ICC UAE) Panelists: SOH Chee Seng (ABS; IIBLP); Girish HANUMEGOWDA (IHS Markit); Jun XU (Bank of China); Laxman SANKARAN (TradeAssets) 10:00 – 10:40 A Sign of the Times: Signatures and Authentication • Signatures vs. Authentication: Lines Blurred • Documents Deemed to Have been Signed • Digital Negotiable Instruments • Risks & Benefits of Using Platform-Based Solutions for Digital Signatures Moderator: Boon-Teck YEO (BofA) Panelists: Jun XU (Bank of China); Alan DAVIDSON (Univ. Queensland) 10:40 – 10:55 Virtual Coffee Break 10:55 – 11:35 Commercial LC Cases and Practice Considerations • Bank of China Ltd, Singapore Br. v. BP Singapore Pte Ltd [Singapore] • Punjab National Bank v. Malayan Banking Bhd [Malaysia] o Negotiating Documents Based on Fax Copies o Acceptability of Freight Forwarder’s Bill of Lading 4
2021 CONFERENCE MATERIALS o Court’s Acceptance (or not) of ICC Official Opinions as Evidence • United Coals, Inc. v. Attijariwafa Bank [USA] o Bank Contracted/Promised to Issue LC • Galleria (Hong Kong) Ltd. v. DBS Bank [Hong Kong] o Fraudulent B/Ls Moderator: SOH Chee Seng (ABS; IIBLP) Panelists: TOH Kian Sing (Rajah & Tann); Boon Teck YEO (BofA); Michael YAU (Eversheds) 11:35 – 12:05 Confronting LC Practice Controversies • Significant ICC Final Opinions from Fall 2020 and Spring 2021 Moderator: Khalil MATAR (Alinma Bank) Panelists: Gabriel SHAM (Consultant); Ahmir MANSOOR (MCB Bank) 12:05 – 12:35 Virtual Lunch Break 12:35 – 13:05 Applicant’s and Beneficiary’s Corner How LC Banks can Better Serve Their Customers Moderator: Sammy YU (JP Morgan) Panelists: Fabian TAN; Clara TOH 13:05 – 13:35 What about Automating Document Examination? • Examination Efficiency: Striking the Right Balance between Speed vs. Skill • Smart Use of OCR, AI, and Machine Learning • Third Party Documents: Digital or Not? • Regulatory Issues Moderator: Tat Yeen YAP (MonetaGo) Panelists: Robert KOH (HSBC); Marc SMITH (Conpend) 13:35 – 13:45 Islamic Trade Finance: 2021 Status Report Speaker: Nizardeen K (CIB) 13:45 – 14:00 Virtual Coffee Break 14:00 – 14:15 SWIFT Update • Cat 7 Changes Slated for November 2021 • Message Type 765 – SBLC/DG and Authentication Speaker: Mukta KADAM (SWIFT) 5
2021 APAC ONLINE ANNUAL LC SURVEY 14:15 – 14:50 Standbys: Time to Stand Up Moderator: Vin O’BRIEN (ICC UAE) Panelists: Nesarul HOQUE (Mutual Trust Bank); Ana KAVTARADZE (Consultant); Ashish MADAN (Adam Smith Associates) 14:50 – 15:00 Summary, Lucky Draw, and Closing Remarks Friday, 23 July 8:30 – 9:00 Online Check-In and Entry to Day 2 Session 9:00 – 9:05 Welcome and Introduction Welcome Remarks: Michael BYRNE (IIBLP) 9:05 – 9:15 Introduction to Shipping & AIS • What is AIS and how does it work? • Ship, ships, and more ships Co-Panelists: Michael BYRNE (IIBLP) and Rishad LILANI (IHS Markit) 9:15 – 9:55 Sanctions & Compliance • Russia | Iran | North Korea | Venezuela • Myanmar: real time dealings with business co-owned by a sanctioned military • China Anti-Sanctions Law • The Biden Administration: 6-month report card • OFAC enforcement trends for 2021 and beyond Moderator: Alma ANGOTTI (Guidehouse) Panelists: Sally PENG (FTI Consulting); Nizardeen K (CIB) 9:55 – 10:25 ESG and Sustainable Trade Finance • ESG Due diligence and disclosures on supply chain impacts • ESG Risks and “Green Crime” • EBA’s draft RTS on ESG Disclosures • Identifying ESG risk via SWIFT KYC Registry • Green credits in practice Moderator: Michael BYRNE (IIBLP); SOH Chee Seng (ABS, IIBLP) Panelists: Chi Hoong CHANG (HSBC); Kamran KHAN (Deutsche Bank) 6
2021 CONFERENCE MATERIALS 10:25 – 10:35 Virtual Coffee Break 10:35 – 11:15 Standby & Guarantee Cases and Practice Considerations • Leonardo S.p.A v. Doha Bank Assurance Co. [Qatar] • Salam Air SAOC v. Latam Airlines Group SA [England] • Louis Dreyfus Company Suisse SA v. International Bank of St. Petersburg [England] • Skanska USA Civil Southeast Inc. v. UP Community Fund, LLC [USA] • Standard Chartered Bank & Anor v. Registrar of Companies [England] • AXA InPL v. Chui Teng Constructions PL [Singapore] Moderator: Dr. Alan DAVIDSON (University of Queensland) Panelists: Angelia CHIA (Mayor Brown); Andrew TAM (ANZ); Kim SEAH (Incisive Law); Michael YAU (Eversheds) 11:15 – 11:45 Introducing The ISDGP • “Authenticated” • When is a Guarantee Issued? • Advising Bank as Agent of Guarantor • Standard of Determining Compliance • Time Frame for Making of Payment Moderator: SOH Chee Seng (ABS; IIBLP) Panelists: GAO Xiang (China U. of Political Science & Law); ZHU Hongsheng (CMBC) 11:45 – 12:15 Virtual Lunch Break 12:15 – 12:45 Guarantee & Standby Cases from the PRC • CAMA (Luoyang) Aviation Protective Equipment Co. v. UBAF (Hong Kong) Ltd. • Yapi Kredi v. Shenyang Yuanda Aluminum Industry Engineering Co. Moderator: SOH Chee Seng (ABS; IIBLP) Panelists: JIN Saibo (Beijing Jincheng Tongda & Neal); Jun XU (Bank of China) 12:45 – 13:25 2021 Developments in SCF • Off Balance Sheet, What are the Challenges? • What’s New and What are the Risks/Rewards? Moderator: Chi Hoong CHANG (HSBC) Panelists: Angelia CHIA (Mayor Brown); K. Nizardeen (CIB); John TURNBULL (Bank ABC); Boon-Teck YEO (BofA) 7
2021 APAC ONLINE ANNUAL LC SURVEY 13:25 – 13:35 Virtual Coffee Break 13:35 – 14:15 Digitalisation of Trade • Blockchain Platforms for LCs • Fintechs and Financial Institutions Collaboration • Mixed Presentations • Enforceability of Electronic Bills of Lading • Uniform Rules for Digital Trade Transactions (URDTT): How will they work in practice? Moderator: Vin O’BRIEN (ICC UAE) Panelists: Joel SCHREVENS (CHINA SYSTEMS); Andrea FROSININI (Hyperledger); Venkatraman P. (HSBC); Chi Hoong CHANG (HSBC) 14:15 – 14:45 Trade Based Money Laundering • Price checking and over/under invoicing • Open account trades • Complicated STR/SAR filings drive TBML • Time for STR/SAR reporting standards? Moderator: Tat Yeen YAP (MonetaGo) Panelists: Fatima VALLAR (ING); Radish SINGH (Deloitte) 14:45 – 15:00 Summary, Lucky Draw, and Closing Remarks 8
2021 CONFERENCE MATERIALS 2021 APAC Online Annual LC Survey Sponsors The Association of Banks in Singapore (ABS) plays an active role in promoting and representing the interests of the commercial and investment banking community in Singapore. Established in 1973, it has over the past 40 years, represented the interests of its members in through strategic engagement with its stakeholders – banks, regulators and customers. The Association also works with its members to establish common grounds through benchmarking and setting banking guidelines that are in line with international best practices as well as on projects that are of mutual benefit to face the challenges of the financial and banking community in Singapore. The ABS also works closely with the authorities in supporting their role in developing and maintaining a sound financial system in Singapore. Today, ABS has a membership of 142 local/foreign banks and financial institutions. Further information on ABS is available on the website: www.abs.org.sg. 9
Maritime and Trade Capabilities for Trade Finance & Compliance Regulation covering Trade Finance continues to grow, from the latest OFAC advisory notices on North Korean illicit shipping practices to new guidelines on identifying and managing red flags from the Wolfsberg Group, Financial Action Task Force and the Monetary Authority of Singapore. Understanding the levels of risk associated with any trade begins with the customer on-boarding process and the financing details and counterparties involved. There is also the detail of the trade; what commodity is being shipped, the destination of the shipment, the price of the commodity and its volume, tracking its journey in real-time and ensuring that documentation surrounding the transaction meets agreed standards. IHS Markit is uniquely placed to help financial institutions uncover red flags through the use of rich datasets. Discover our unique product solutions that support all areas across the trade compliance workflow. Know your customer (KYC) Who is your customer and what are their business activities? The ability to perform client due diligence on public and private entity information including corporate registration details, high- risk countries and industry assessments, financial information, company hierarchy and ownership is a major component in the validation process. Document processing with OCR technology Manage the extraction of key data fields from trade documents The ability to digitise paper files used in documentary credits and other trade finance products is a core enhancement on the path to a more efficient trade finance operation, minimising the time and effort taken to detach and screen content against various sanction watch-lists.
Vessel identification and Import and export statistics sanctions screening How to identify if the shipment of Who is the owner and operator goods makes economic sense of the vessel identified in the With an extensive trade database transportation document? providing insights into the movement Vessels are often the subject of sanctions of goods around the world, a direct line and it is important that checks by trade of sight is available highlighting what a finance teams can reference all vessels country exports and imports. Through the and their owners who are associated with use of such an extensive dataset, trade sanctioned activity. A ‘Seven Levels of finance practitioners can determine if a Ownership’ is employed to determine if the transportation document stating that vessels are connected with a sanctioned coal is being shipped and discharged at group or party on the OFAC, UN or EU Richards Bay, South Africa makes sound, watch-lists. economic sense. Vessel tracking – real-time Dual-use goods screening and historical Can the commodity be used for both Where is the vessel going, where has it civilian and military purposes? been, and has it engaged in any suspicious The identification of an item as dual-use activity in high-risk locations? is difficult. Trying to determine if resin AIS vessel tracking technology allows yarn or rubbing alcohol is used in the customers to monitor the vessel on its production process of a military item current journey and also pinpoint its poses a challenge. To help in this process previous voyages as a means to identify a multi-level mapping of commodity any sanctioned port calls. Furthermore, names and codes facilitates the search for the implementation of this technology also a dual-use item on the European Union highlights activity by the vessel in terms of 428/2009 dual-use document. ship-to-ship cargo transfers or ‘going dark’. Commodity classification & pricing What is the true cost of the goods being transported? All tradable commodities are assigned to their relevant Harmonised System (HS) code with a corresponding value and unit price assisting with the analysis of the true costs of traded goods. Our Global Trade Statistics uses official import and export statistics from sources around the world and compiles this into a comprehensive To find out more about Maritime & database of merchandise trade covering Trade solutions from IHS Markit visit 200 countries. ihsmarkit.com/maritime_trade customer care About IHS Markit north and south america T +1 800 447 2273 IHS Markit (Nasdaq: INFO) is a world leader in critical information, analytics and solutions for the +1 303 858 6187 (Outside US/Canada) major industries and markets that drive economies worldwide. The company delivers next-generation information, analytics and solutions to customers in business, finance and government, improving europe, middle east and africa T +44 1344 328 300 their operational efficiency and providing deep insights that lead to well-informed, confident decisions. IHS Markit has more than 50,000 key business and government customers, including 80 percent of the asia pacific Fortune Global 500 and the world’s leading financial institutions. Headquartered in London, IHS Markit T +604 291 3600 is committed to sustainable, profitable growth. E CustomerCare@ihsmarkit.com Copyright © 2019 IHS Markit. All Rights Reserved 336902305-0419-MT
2021 APAC ONLINE ANNUAL LC SURVEY Eversheds Sutherland has a long history of advising banks in relation to commodity, trade and export finance transactions, often linking up with various of our international offices. Physical and financial trading in goods and commodities dominates the global economy. However, the complexity of the contractual, regulatory and financial landscape can create pitfalls for the unwary. We have over 60 dedicated lawyers around the world who provide advice to banks, financial institutions, traders, brokers, ship owners, insurers, producers and industrial end users in connection with all aspects of physical and financial trading in hard and soft commodities. We also advise traders and other market participants on the acquisition and management of distribution and warehousing assets, and have a leading litigation and international arbitration practice which is highly rated for its commodities work. Focused on the key trading centres of London, Hong Kong and Geneva, but with offices in the fast growing or emerging economies of Asia, Central and Eastern Europe, and the Middle East, the Eversheds international trade and commodities team offers clients a global platform. Given our involvement in all aspects of the physical and financial supply chain we are also well placed to provide clients with a holistic view of the issues they face. Our Hong Kong team has acted for over 27 domestic and international banks on developing their trade finance and/or receivables purchase documentation and supply chain programmes. We regularly oversee drafting and negotiations of commercial contracts and the provision of related regulatory advice for banks, financial institutions and corporates across all sectors. We have also advised major banks in Hong Kong on the enforcement of security and lifting stop payment orders in the PRC, as well as on preparing investment and derivatives product documentation for their corporate and retail customers. For more information, contact Michael Yau, Partner: michaelyau@eversheds-sutherland.com 12
2021 CONFERENCE MATERIALS Established in 1983, China Systems is known in the trade solutions industry for its scalable, future proof and cloud enabled technology platform Eximbills, which utilises an OpenAPI design to facilitate both WebServices and Microservices platforms crucial for today’s multi-channel, hyper-connected, and highly interoperable environments. China Systems provides an integrated front-end and back-office platform catering for internal and external deployment at a domestic, regional or global level. Eximbills, our proven flagship solution, can be tailored to adapt to changing real-world requirements in any business or regulatory environment for Trade Finance, Payments, and Supply Chain Finance without the need for programming modification. China Systems was judged Best Trade Finance Software Provider in the 2020 Leaders in Trade awards of Global Trade Review magazine, the ninth time since 2006 that GTR has given this prestigious award to China Systems. 13
2021 APAC ONLINE ANNUAL LC SURVEY Coastline Solutions is a technology partner of the ICC responsible for the delivery of online training and information services. Banks, traders, logistics companies and law firms from over 120 countries use these services to save time, reduce costs, and keep their staff up to date with the latest international trade practices. Coastline’s services include: ICC Digital Library – Trade Finance Channel Coastline is ICC’s partner in the development and delivery of all of ICC’s Trade Finance publications through the ICC Digital Library (formerly DC-PRO). Contents: ICC Trade Finance Rules ICC Opinions ICC Docdex Decisions IIBLP Legal Case Summaries Discussion Forum News Articles on Trade Finance And more… Online Training: • TBFC: Trade Based Financial Crimes training • Sustainability in Trade and Trade Finance • Introduction to Trade Finance • ISBP Online: Comprehensive training in the revised ISBP 745 • Collections Online Training: Comprehensive training in collections and URC 522 • Mentor 600: Comprehensive training in letters of credit and UCP 600 • DC Master: Advanced training in letters of credit • ISP Master: Advanced training in ISP98 and independent undertakings • URDG Master: Comprehensive training in Demand Guarantees and URDG 758 • Incoterms® 2020 Online Training: Online Training in Incoterms® 2020 • ICC Arbitration: Online Training in ICC Rules of Arbitration • Going Global - ICC Training on Trading Internationally (Available in English, Spanish and Portuguese) • URBPO Online Training: Online training in the new BPO Rules Contact: www.coastlinesolutions.com 14
2021 CONFERENCE MATERIALS Documentary Credit World (DCW) is the world’s only monthly journal dedicated to field of letter of credit law and practice. Published in partnership with BAFT, DCW is linked to the most important players in the industry to bring its readers valuable information and the latest news of developments affecting commercial LCs, standbys, and independent guarantees. From its focus on new rules, regulations, and electronic innovations impacting traditional trade products to its regular discussion of recent court cases, DCW covers a host of topics and is essential for any serious trade finance professional. In addition to individual subscriptions, DCW Global Licenses are available for bank-wide access. To view our latest issue’s Table of Contents or for more information, contact DCW at info@doccreditworld.com or visit www.doccreditworld.com 15
2021 APAC ONLINE ANNUAL LC SURVEY 2021 APAC ONLINE ANNUAL LC SURVEY PANELIST AND SPEAKER BIOGRAPHIES Panelist and speaker participation subject to change. No endorsements of any sort by organizations are made or implied. Alma ANGOTTI is a Partner in Guidehouse’s Financial Services Segment, and Global Legislative and Regulatory Risk Lead. Alma is a recognized expert in compliance and investigations with an emphasis on anti-money laundering (AML), combatting the financing of terrorism (CFT) and economic sanctions compliance. Alma has over 10 years of consulting experience and has counselled her clients in a variety of projects, managed gap analyses, compliance program reviews, risk assessments, remediation efforts, investigations, and historical transaction reviews. Her clients include large, complex, global financial institutions, global payments institutions, mid-sized banks, broker-dealers, and Fintech and digital assets companies, hedge funds, casinos, and multinational corporations. She leads the firms cryptocurrency, digital assets and fintech projects. Alma has also held interim senior compliance leadership positions at several global and regional financial institutions providing day-to-day management of their compliance programs and assisting them with remediation efforts, often in the context of a regulatory or criminal enforcement action. She has trained and advised the financial services industry and regulators and government officials worldwide on AML, sanctions, CFT, and other regulatory compliance issues. In her 25 years of experience in regulation and enforcement, Alma held senior enforcement positions at the U.S. Securities and Exchange Commission (SEC), U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) and FINRA (Financial Industry Regulatory Authority). In these positions, she was responsible for investigations and enforcement of the Bank Secrecy Act, the federal securities laws, and FINRA rules. At FinCEN and FINRA, she designed and lead the AML enforcement programs. Chi Hoong CHANG is the APAC Lead Counsel for HSBC’s Global Trade and Receivables Finance (GTRF) business. He is responsible for coordinating, developing, executing and leading the delivery of regional legal solutions whilst playing a key role in shaping the legal risk management and governance infrastructure for GTRF in APAC. He has deep and broad experience as an international finance lawyer (Islamic and Conventional) working with international law firms like Simmons & Simmons, Norton Rose and Allen & Overy as well as international financial institutions. He has lived and worked in the UK, Malaysia, Hong Kong, Singapore, UAE, and Vietnam. He joined HSBC from BNP Paribas where he was the Regional Legal Counsel (Director) for Corporate & Institutional Banking. Chi Hoong is a Barrister-at-Law (Lincoln’s Inn) (non-practising) and is admitted to practice law in the United Kingdom, Hong Kong, Singapore and Malaysia. Chi Hoong is Singapore’s representative to the ICC Banking Commission Task Force on Guarantees. 16
2021 CONFERENCE MATERIALS Angelia CHIA is a partner in the Singapore office of Mayer Brown and a member of the Global Finance Practice Group. Angelia has more than 20 years of experience in Trade and Trade Finance spanning the globe including from (i) the sale and purchase of goods (including commodities) and services across various industry segments; (ii) the financing of trade using a variety of financing products from traditional (or documentary trade) to open account (including supply chain finance techniques) and (iii) the mitigation or distribution of risks arising from trade (where her in-depth knowledge of trade finance products and processing ensures the organisation complies with its obligations set out in the distribution agreements). Angelia has a wealth of experience in different jurisdictions and how jurisdictional aspects impact industry rules (e.g., UCP600, URR725, URDG758 and ISP98), laws on assignment of financial assets, laws pertaining to negotiable instruments and enforcement over security. She has also been involved and resolved disputes (pre-litigation) deploying practical strategies in day-to-day issues faced by financial institutions. Angelia’s unique advisory capability stems from her in-house experience in Cargill, JPMorgan and most recently Standard Chartered Bank where she was global head of legal for trade, ensuring she can provide comprehensive end-to-end advice covering the myriad of issues faced by clients as they manage the interplay of laws, regulations, industry rules, systems and policies in the confines of the organisation’s operational requirements. Angelia is an active member of the ICC Legal and BAFT Committees, is internationally recognised for her trade advisory experience and speaks English and Mandarin. Alan DAVIDSON is a solicitor and barrister of the Supreme Court of New South Wales and of the High Court of Australia and continues to practice as a consultant. He is a member of the Law Faculty, University of Queensland. He practiced law for more than a decade before moving into academia full time. He has been acting Head of School at the Queensland University of Technology and Associate Dean at James Cook University before commencing at the University of Queensland in 1997. Dr Davidson was appointed as Fellow of IIBLP in 2006. He specialises in International Trade Law and Electronic Commerce Law. In 2011 Dr Davidson was invited to speak with Professor James Byrne at the UNCITRAL Colloquium on Electronic Commerce at UN Headquarters; his topic was Electronic Letters of Credit. Since 2014 Dr Davidson has been a delegate at all UN sessions of Working Group IV (Electronic Commerce), and in 2015 was invited to join its Panel of Experts. Dr Alan Davidson is a Director and Fellow of UNCITRAL National Co-ordination Committee Australia (UNCCA) and is its Education Director arranging for Australian Law students to attend UNCITRAL Working Groups (60+ to date). Dr Davidson presents courses in International Trade Law, International Trade Finance Law and Law and Technology. He has been a visiting academic in the USA, Thailand, Indonesia, Singapore and China. His books include Social Media and Electronic Commerce Law in two editions by Cambridge University Press; The Internet for Lawyers and The Internet for Accountants. He has more than 200 publications. 17
2021 APAC ONLINE ANNUAL LC SURVEY Andrea FROSININI is Andrea is TFG’s in house Incoterms and shipping expert, dealing with freight forwarding matters, customs practises and export operations. Professor Xiang GAO is the immediate past Dean of the College of Comparative Law of the China University of Political Science & Law (CUPL) in the PRC, the Director for the Centre of International Banking Law & Practice at CUPL. He is a member of the Legal Committee of the ICC Banking Commission and the Group of Experts in International Settlement of the ICC China Banking Commission, the President of Beijing Banking Law Society, the Executive Chairman of ICC China Commission for Commercial Law and Practice, an arbitrator for the China International Economic & Trade Arbitration Commission and a member of the Advisory Council for the Institute of International Banking Law and Practice in the US. He was a judge of the Supreme People’s Court of the PRC, drafter of the Rules of the Supreme People’s Court concerning Several Issues in Adjudicating Letter of Credit Cases in the PRC. He was consulted for the drafts of the Several Provisions of the Supreme People’s Court concerning Adjudicating Cases of Independent Guarantees in the PRC. His works on the law of letters of credit have been abstracted in law textbooks in the US and UK, and cited by courts in the US and Canada. Girish HANUMEGOWDA is the Asia Regional Subject Matter Expert for Trade Compliance solutions at IHS Markit based out of the Singapore office. His role is to provide solutions to customers by helping them address the challenges faced with respect to Trade Finance and to help them achieve transparency through incorporating technological solutions. He has around ten years of experience in the banking sector across varied roles of Relationship Management, Corporate Lending, Trade Finance, Regulatory Compliance and Anti Money Laundering. Previously, he was leading the Corporate Banking Compliance team at ICICI Bank Limited, Singapore. He holds a degree in Electronics & Communication Engineering and MBA in Finance & Banking. 18
2021 CONFERENCE MATERIALS ATM Nesarul HOQUE is Vice President at Mutual Trust Bank Limited (MTB) with responsibility for looking after MTB Financial Institutions along with Offshore Banking activities. Prior to joining at MTB, he was with the Bank Asia Limited at the inception of his banking career in 2005 as Management Trainee. In his experience since, he has dealt with a wide range of facets in the International Trade Banking Business. Mr. Hoque has achieved several professional certifications, including his Certificate for Documentary Credit Specialists (CDCS) in 2009, Certificate in International Trade and Finance (CITF) in 2011, and Certificate for Specialists in Demand Guarantee (CSDG) in 2015 from the London Institute of Banking & Finance (LIBF), UK. He has also been awarded as a Certified Trade Finance Professional (CTFP) by ICC Academy, Certified Standby & Guarantee Professional (CSGP) by the Institute of International Banking Law and Practice (IIBLP) in 2017, and gained his Certificate in Trade Finance Compliance (CTFC) in 2020. Mr. Hoque is accredited as a panel of experts member of ICC’s Documentary Instruments Dispute Resolution Expertise (DOCDEX) Services. He has written numerous articles on issues pertinent to the documentary credit business and currently is Contributing Editor of Trade Service Updates (formally known as LC Monitor), a quarterly LC Magazine, and an Editorial Advisory Member of Documentary Credit World (DCW), the monthly journal published by IIBLP. Mr. Hoque is also a regular research member on various trade service related issues organized by Bangladesh Institute of Bank Management (BIBM). He has frequently appeared as a speaker and panel member at various international trade seminars, workshops, and conferences held in Bangladesh and abroad. An MBA with specialization in management from the University of Chittagong, the leading public university of Bangladesh, Mr. Hoque had also earned his BBA from the same institution. Saibo JIN, lawyer, litigator, arbitrator, and lecturer of PR China, is Senior Partner at Beijing Jincheng Tongda & Neal Law Firm. He received his Master of Laws (LL.M.) and Ph.D. from University of International Business and Economics (UIBE) in Beijing. Mr. Jin was admitted to the bar of China and began his practice in Zhejiang Province in 1993. Mr. Jin has co-tutored at the Law School of Tsinghua University and Beijing University, giving lectures on International Standard Banking Practice. In 2000, he was a visiting scholar at the School of Law of University of Arizona. Jin is vice director of the Banking & Securities Commission of the All China Lawyers Association (ACLA), assisting the Association in drafting Guidelines for Letter of Credit Litigations in China, vice director of the Commercial Banking Committee of Beijing Lawyers Association (BLA), director of Research Center of Banking Law & Practices, Shanghai Law Society (SBL&P), and a former vice director of CIETAC’s Special Arbitration Commission on Financing Disputes, assisting CIETAC in drafting Arbitration Rules on Financing Disputes. He a member of the Task Force of Guarantee of the ICC Banking Commission and a member of the Legal Committee of FCI. He also serves as a member of the Chinese delegation on 19
2021 APAC ONLINE ANNUAL LC SURVEY UNCITRAL WORKING GROUP 6 on Security Interests and is a member of the FCI delegation on the UNIDROIT project on Model Law of Factoring. Jin has been invited to attend discussions of the PRC Supreme People’s Court relating to the drafting of the judicial interpretation Provisions of Some Issues Concerning the Trial of Cases of Disputes over Letters of Credit (PRC New LC Rules). In March 2012, he presented to the PRC Supreme People’s Court his first proposed draft of the Provisions on Some Issues Regarding the Trial of Disputes over Demand Independent Guarantees (New Rules of Independent Guarantees in China). He is participating on the Expert Team on Assignment and pledging of receivables and Factoring Contract in New China Civil Code. Jin’s main practice area is disputes on International Trade, LCs, Guarantees, Standby LC, Negotiable Instruments, Factoring, Forfeiting, Anti Commercial and Financial Fraud and other Crime such as Money Laundering. As an invited expert, Jin has regularly participated in the Institute of International Banking Law & Practice’s Annual Survey of LC Law & Practice conference series in US, Europe, HK, Singapore and Beijing, delivering his opinions on trade financing, international commerce, and banking law of PRC. Mukta KADAM is a 14-year plus experienced BFSI expert, who has worked with many service based companies as SWIFT Payments and Trade Finance analyst helping various large Indian and multinational banks. With comprehensive understanding of SWIFT MTs and ISO20022 messaging Standards formats, she possesses robust domain expertise in the business areas of Payments, Cash management and Trade Finance space accolades even by the Corporate customers. In her current role working with SWIFT, she is involved in the development of SWIFT Standards for Trade Finance which are undergoing significant changes over the recent years as per industry demand. To pave the way for Trade Digitalisation, her active interaction with various industry experts and the contribution to harmonise and standardise the various formats used for data exchange, is significant. Mukta holds a bachelor’s degree in Engineering in Computer Science and is based out of Mumbai. She is fluent in Hindi, English and Marathi. Ana KAVTARADZE is an Advisor to Commercial Director at BASISBANK Georgia, in charge of Strategic Business Development of the Bank’s Business. With 16+ years’ experience in trade finance, supply chain finance (SCF), global banking, client relationship management, business strategy formulation, as well as cutting-edge innovation and digitalization Ana has expanded Global Banking network bringing in full scope business cooperation opportunities including Trade, Funding, Treasury, and Correspondent Banking. Laterally to her banking carrier in her private consultancy capacity, Ana has provided technical advisory to Private and Public Sectors with focus on market development, implementing effective, innovative and digital business solutions 20
2021 CONFERENCE MATERIALS in international trade, transaction banking, transport/logistics, customs, e-services on Trade and Supply Chain finance domain involving complex banking/funding structures and de-risking techniques. Ana has broad experience cooperating with commercial banks and financial institution worldwide and strong knowledge and coverage in the regional business environment. Over the years, she has been a frequent speaker at Global Banking events and conferences worldwide. Ana has been a regular provider of workshops and webinars globally for corporates, SME’s, trade finance professionals, bankers as well as government agencies and regulators. Passionate towards development of International Banking and Trade & SCF Business, Ana has organized and managed various global events related to Trade and Supply Chain Finance held in Tbilisi throughout the last five years, including playing an instrumental managing role in ICC Georgia & ICC China’s partnership in the ‘Silk Road Technical Trade Forum’, the ICC Banking Commission Meeting Technical Meeting in Tbilisi, and the FCI Factoring Conference. Previously, Ana headed the Trade and Structured Finance Department at one of the largest UK premium listed bank in Georgia, Bank of Georgia (BOG), for over a decade. She has represented as an Executive Member of Banking Commission, International Chamber of Commerce (ICC) Paris, 2017-2021, and as an Editorial Advisory Board Member of Documentary Credit World and Trade & Investment Commission co-chair, ICC Georgia, since 2021. Ana graduated with honors from Tbilisi State University, Georgia with Master’s Degree in Banking and Finance. Kamran KHAN is Managing Director and Head of Environment, Social and Governance (ESG) for Asia Pacific at Deutsche Bank. In this newly established client - facing position, he is responsibility for defining and executing the bank’s ESG strategy in the region across all business divisions. Prior to joining Deutsche Bank, Mr. Khan established Infra-Tech Capital, an impact fund investing in companies utilizing technology to provide infrastructure services and achieve UN Sustainable Development Goals. In 2013 he was appointed by the Obama White House to serve as the head of global investments and operations at the US Millennium Challenge Corporation, where he managed a USD 10bn portfolio and led a USD 1.5-2bn annual investment program globally. Previously, Mr. Khan held senior executive roles at the World Bank and helped establish the World Bank Group regional hub in Singapore, comprising the World Bank, International Finance Corporation (IFC) and Multilateral Insurance & Guarantee Agency (MIGA). Prior to his time at the World Bank, Mr. Khan worked on M&A transactions and advisory mandates at JP Morgan and LEK. He also served as a US Foreign Service Officer with the US Agency for International Development (USAID), where he led operations for the project finance and guarantees facility. Mr. Khan served as an Advisor on Infrastructure Finance to APEC, ASEAN, and the G-20. He is a member of the Senior Advisory Board at Fudan University Fintech Centre in Shanghai with a mandate to advise on Belt and Road Initiative projects. He has also served on the Board of Advisors at a variety of market-leading companies using technology to achieve ESG goals. He is a frequent speaker at events such as World Economic Forum, ASEAN Summit, APEC Summit, and in major international media. 21
2021 APAC ONLINE ANNUAL LC SURVEY Robert KOH has extensive experience in trade banking, having worked in several international trade banks across the Asia Pacific Region. He brings with him a wealth of trade experience, spanning from traditional core trade products to specialist trade products like supply chain, receivables finance, structured trade and commodities. He also has deep experience in managing trade-based financial crime risks. He headed the trade banking operations in HSBC for Hong Kong and Macau for 6 years and is currently leading the Global Trade Transformation project for HSBC in the Asia Pacific Region. He is a regular panelist on the Hong Kong Annual Survey and the Guarantee and Standby Forum. Rishad LILANI is Associate Director at IHS Markit with over 15 years of professional experience, including ten years in client-facing roles focusing on Sales & Relationship Management/Consulting. Ashish MADAN has over two decades of experience in the trade finance business, with special focus on Letters of Credit. He runs a boutique trade advisory firm, Adam Smith Associates Pvt ltd, based in India. The firm offers advisory, structuring and management services related to trade finance, commodities funding, structured trade finance other trade related services including logistics -with India and Asia as centerpieces of operations. The firm has run prestigious receivable financing mandates for large number of corporates including multinationals. Ashish’s educational qualifications include an M.SC. in Finance (Economic Policy) from SOAS University of London. Additionally, he holds a Masters in Finance and Control (MFC) and BA Economics (Honors) from University of Delhi. He is co-author of the book, REVIEW OF COURT JUDGMENTS ON LETTERS OF CREDIT, (co-authored with Vincent O Brien, Member-ICC Banking Commission) published by LexisNexis. Ashish provides consultancy services on a regular basis to banks, law firms and large commodity firms. He is a member of International Chamber of Commerce (ICC) India - Working Group on Banking and Finance. 22
2021 CONFERENCE MATERIALS Ahmir MANSOOR is a seasoned banker with strong focus in International Trade Finance and Foreign Exchange. He has worked for over 30 years with extensive experience in foreign and local banks in Pakistan, U.A.E, Egypt & UK in various roles and assignments such as Head of Trade/Operation Manager & Auditor. He has conducted numerous workshops & seminars on the subject of ICC’s Uniform Customs & Practice for Documentary Credits (UCP 600), Uniform Rules for Demand Guarantees (URDG 758), Incoterms 2010, ISBP 745, Trade Based Money Laundering, Trade Finance Fraud and Letters of Credit related issues confronting banks, Importers and Exporters, providing customize in-house training programme for MNCs. He also has a distinction of being a member of the ICC Banking Commission of the International Chamber of Commerce since 2003. He is an MBA from Sheffield Business School (UK), a qualified DAIBP & a Certified International Trade Specialist—Institute of International Trade of Ireland & Electronic Business School of Ireland (eBSI). He is also Docdex expert since 2004 and a member of ICC Financial Crime Risk and Policy. He has written many articles on topics relating to Documentary Credits, Guarantees which were duly recognised and published in a leading industry journal ‘Documentary Credit World’, IBP journal and Value Chain. Khalil MATAR CDCS, CCSA, CRMA, CIA, CFSA, MBA is Deputy General Manager, Internal Audit Group, Alinma Bank, Saudi Arabia. Mr. Matar has been involved in trade finance since 1992. He worked for a number of banks in the Middle East. He contributed articles to renowned international trade finance publications and websites including Documentary Credit World, Documentary Credit Insight and DCProfessional. He conducted several training sessions in a number of locations in Asia, North America, Europe and Africa on trade finance, internal auditing and operational risk management. He is a member of the IIBLP Middle East Advisory Board, and member of Council on International Standby Practices (CISP). K Nizardeen is an Executive Committee Member of ICC Banking Commission. Well known Islamic Trade Finance expert. COO of FIB, Malaysia and previously the Head of Transaction Banking at Emirates Islamic (Bank), Dubai, United Arab Emirates (ENBD Group). Prior to joining EI, he has held several similar positions in leading banks such as COO, Country Head of Operations, Head of Service Delivery, Head of Credit & Finance Operations and Head of Trade & Corporate Services. A Certified Documentary Credit Specialist (CDCS) and a holder of Certificate in Trade Finance Compliance (CTFC) – IFS, University College, UK and a qualified Trade Finance banker with an MBA in Banking and Finance. He is a member of DCW Advisory Board (Documentary Credit World) USA, Advisory Group member of Dubai Multi Commodity Centre (DMCC), Advisory Board member of LC 23
2021 APAC ONLINE ANNUAL LC SURVEY Monitor, a member of ICC working group on Digitization (revising eUCP and eURC) and Vice Chair of ICC UAE. He is also a well-known speaker, writer of several articles on UCP/Islamic banking, and an expert trainer. He conducts training on Trade Finance, Islamic Banking, Operations, CDCS and AML (TBML). He has extensive experience in system implementations and product implementation. Invented and implemented the first Islamic online internet end-to-end trade platform for Islamic Trade Finance and also implemented Blockchain technology for Islamic goods inspection. Vincent O’BRIEN is Member Executive Committee of ICC Banking Commission and Director of the International Chamber of Commerce, United Arab Emirates. He has been actively involved in trade finance for more than a quarter of a century and has delivered technical assistance for trade finance in more than 100 countries. Vincent’s primary activity is trade facilitation with the major Multilateral Development Banks and his recognized specialty is trade related dispute resolution where he often acts as Expert Witness in Trade Disputes and Legal Cases. Vincent also holds the position of Associate Director of the Institute of International Banking Law and Practice (IIBLP) and acts as Advisor on Innovation and Market Intelligence at China Systems Corporation. He may be contacted at: vob@iccuae.com Sally PENG is a Managing Director in the Export Controls & Sanctions practice at FTI Consulting and is based in Hong Kong. She is an expert in export controls and economic sanctions, international trade strategy, and global supply chain optimisation and compliance. Sally has extensive experience advising public-listed companies on their complex encryption programmes under US and Hong Kong laws and in other Asia Pacific jurisdictions, including representing her clients in front of relevant government agencies in those jurisdictions. She also advises several China- based clients regarding US sanctions regulations and has preformed on-site impact analysis. In addition, she works closely with her clients’ legal, procurement and logistics teams to build best-in-class Export Control and Sanction compliance programmes. Her industry coverage includes banks, telecommunications, national defense contractors, heavy machinery, and research universities. Sally has been a trusted advisor for many MNCs on their international trade and customs issues. She served as team leader for several global retailers in large-scale customs duty-saving projects in over ten Asian countries. She also assisted multiple Asia-based companies in defending antidumping and countervailing cases with US Department of Commerce and US Customs and Border Protection (CBP). During the on- going US-China trade war, Sally is sought after by her clients to advise them on mitigating strategies against 24
2021 CONFERENCE MATERIALS US section 301 and 232 retaliation tariffs, free trade agreements, trade preference programmes and country of origin issues. Her industry coverage includes apparel, footwear, handbag & leather goods, hardline goods and consumer electronics. Sally takes her passion for international trade beyond individual companies, having participated in negotiations of the Trans-Pacific Partnership (TPP) and Regional Comprehensive Economic Partnership (RCEP), as well as serving as a key member on numerous trade missions, including to China, Vietnam, Indonesia, Cambodia, Bangladesh, and various African countries. She is also highly involved in the American Chamber of Commerce in Hong Kong, serving on several committees, including as Co-Chair of the Apparel, Footwear & Supply Chain Committee. She is also a Senior Advisor to the Hong Kong General Chamber of Textiles Limited. Prior to FTI Consulting, Sally was based in Beijing & Hong Kong for over ten years and served as the Asia Pacific practice leader of a US-based law firm focused on International Trade and Customs. Sally holds a J.D. from the University of Florida Levin College of Law, a Diploma from Peking University Law School in Beijing, and a B.A. from National Chengchi University College of Law. She is a native Mandarin speaker and is fluent in English. Kaushika RUWANGALLA is currently the Global Head of Financial Crime Compliance of HSBC’s Global Trade & Receivables Finance business, the world’s largest trade finance bank. He has broad-ranging experience in Risk at a senior leadership level across Trade Finance, Payments, Commercial Banking and Retail Banking. Kaushika has previously held positions of Global Head of Sanctions for HSBC’s Commercial Banking & Transaction Banking business and Regional Chief Control Officer for Europe covering all risks as the business head of risk. He Co-Chairs the ICC Banking Commission’s Compliance & Policy Group and have been on the Advisory Board of RUSI’s publication of Financial Crime relating to FTZs. Kaushika is also a regular panelist on Financial Crime Compliance events by the ICC and LIBF, among others. Joel SCHREVENS is Global Solutions Director at China Systems, responsible for Product Strategy on Trade and Supply Chain Finance. He is the main contact for organisations such as SWIFT, Contour and Marco Polo and other business and technology partners. Thirty years ago, Joel started his career at KBC Bank, where he worked for seven years in their Foreign Trade Operations. He is still grateful that he was given the opportunity by the bank to take a leading role in the automation of their trade back-office operations. It provided him with a blend of business, operational and technical expertise and also the mind-set to continuously think about how to optimise intra- and interbank business processes and customer service. 25
2021 APAC ONLINE ANNUAL LC SURVEY While he is ‘notoriously’ known for his attention to detail, he takes some pride in his ability and creativity to think at the trade ecosystem level. He is passionate about the potential of new technology, but is also convinced that, as our data processing environments will become increasingly hybrid, it is essential to well understand the present in order to efficiently handle a long period of transformation and create a bright future for Trade. Kim T.K. SEAH holds law degrees from the University of Singapore and Harvard Law School. After completing postgraduate studies in the U.S.A. as a Fulbright Scholar, he was a full-time academic at the Faculty of Law of the National University of Singapore teaching courses in Banking, Company Law and Employment Law. He was Vice-Dean of the Law Faculty before leaving for private law practice. Mr Seah has been a practising lawyer for more than 30 years and is currently a Consultant to Incisive Law LLC - the Singapore law arm of the international law firm Ince & Co, well-known for its maritime, insurance and finance practices. Mr Seah is the long-time legal adviser to the Association of Banks in Singapore (ABS), a Fellow & Principal Mediator of the Singapore Mediation Centre (SMC) and a member of the Panel of Experts, International Chamber of Commerce (ICC) Rules for Documentary Instruments Dispute Resolution Expertise (DOCDEX). He is a member of the ICC Banking Commission. Mr Seah’s practice encompasses Banking & Finance, Corporate, Commercial and Employment Law. Gabriel SHAM is currently an independent consultant based in Singapore providing trade finance training and advice mainly to banks. Formerly Head of Trade Services Asia, GTS Product, for Royal Bank of Scotland. Radish SINGH leads the Anti-Money Laundering (“AML”) team within Deloitte Forensic in Singapore and Southeast Asia. She has extensive experience in Compliance and AML, corporate governance, risk and financial services regulations. 26
2021 CONFERENCE MATERIALS Marc SMITH is a Financial Services Technology Entrepreneur with more than 15 years of experience in optimizing Trade Finance Transaction processing and compliance. With the mission is to help Banks on their journey from paper to digital trade, Conpend provides technology enabled Document Examination, Compliance and AML using Artificial Intelligence to save time and reduce risk. SOH Chee Seng is Non-Exclusive Technical Consultant on Trade Finance Issues for the Association of Banks in Singapore and some international banks in Asia Pacific. He has more than 25 years experience in trade finance operations with local and foreign banks in Singapore and Malaysia. He served as a member of the UCP600 Drafting Group commissioned by the ICC Banking Commission to revise UCP500. He served as a member of the task force on international standard banking practice for documentary credits. Dr. Soh is also a member of the Panel of Experts, International Chambers of Commerce (ICC) Rules for Documentary Credit Dispute Resolution Expertise (DOCDEX). Dr Soh has been invited by a number of financial institutions and bankers associations in South East Asia to conduct workshops on international trade finance, risks in trade finance, ISBP, UCP, ISP98 and Incoterms 2010. He received his Bachelor of Commerce degree with first class honours major in Economics from Nanyang University, Singapore, in 1973. He received his PhD in Law from the China University of Political Science and Law in 2011. Dr Soh is also co-author of UCP600: AN ANALYTICAL COMMENTARY with Late Prof. James E. Byrne. Andrew TAM is heads a team of senior lawyers in Hong Kong and Singapore who provide legal coverage for lending, trade, supply chain, and payments & cash businesses for ANZ across its international footprint. The team provides pragmatic commercial deal structuring and execution coverage and also proactively advises on strategic product governance issues eg. capital allocation, documentation and process simplification initiatives. He is a current member of the ICC Legal Committee and has 20 years private practice and in-house experience from leading law firms and financial institutions. Andrew also has experience in acquisition financings, project financings, export credit agency supported financings, syndicated loan transactions. Andrew is Australian Chinese and has been in Hong Kong for over a decade. He is an avid rugby enthusiast and has been coaching junior rugby in Hong Kong for over 10 years. 27
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