Not all exchange risks arise in
the sales/purchase contract. They can also crop up unexpectedly in certain
contract clauses and extra-contractual documents such as:
- Contract penalty clause
- Liquidated damages clause
- Warranty clause
- Payment delay penalty interest
- Contract overseas administration costs
- Payment guarantees
- Performance bonds
- Standby letters of credit
- Marine insurance
- Freight contracts
- Bunkering clauses
The key feature of the currency
exposure related to these areas of international trade is that the FX risk is
activated only after an event has occurred or failed to occur.
It is beyond the scope of these
notes to explain all these areas of potential FX risk, some of which may be
obvious to the more experienced exporter or importer. However, a brief
explanation on some of them is appropriate.
Payment Guarantees
Parent companies may give
guarantees in respect of the financial activities of subsidiary companies that
are expressed in a currency that is not the currency of the parent company. The
charge on the balance sheet would fluctuate as the currency fluctuated.
If this guarantee was provided
by a bank at the request of the parent company, then this fluctuation would be
reflected in the utilisation of the banking facility. Where a fee was being
charged by the bank, then this fee would rise or fall in line with the value of
the guarantee which would change as the currency fluctuated.
If either guarantee was called
then the charge to the parent company's Profit & Loss account, either
direct or through the bank's recourse agreement, would be at the then current
Spot Rate.
This is not a risk that can be readily hedged as the amount and date of any payment is unknown. Some form of contingency insurance may be an option if the consequences of a claim were significant to the company.
Contract Bonds
Contract bonds appear in several
forms and include:
- performance guarantees
- advance payment repayment bonds
- warranty bonds
- retention bonds
They are usually issued by banks
or surety companies and represent a contingent liability on the company's
balance sheet.
In the banks and surety companies
charge fees on their value for issuing and
maintaining guarantees. As this value fluctuates in line with FX rate
movements, so do the fees and the contingent liability on the company's balance
sheet. Similarly, the value of contract bonds is reflected in the level of
banking facilities permitted by the bank.
If a bond expressed in a foreign
currency is called the bank will pay the claimant and recover the Spot Sterling
equivalent from the company, whatever that might be at the time of payment.
Sometimes the wording of the
bond can help protect the company against unfair call, where this can be
negotiated with a reasonable buyer. Certain bonds with wording, which permits
payment on demand, can sometimes be insured against unfair call and this can
include the FX risk.
Stand-by Letters of Credit
The FX risks associated with
standby letters of credit are similar in many ways to those for bonds. They are
issued by banks on the instructions of the exporter with recourse to the
exporter should the beneficiary make a claim.
Credit Insurance Cover
Credit insurance against non-payment
can usually be obtained for contracts expressed in most convertible currencies.
Cover is for 90-95% of the contract value if cause of loss occurs after the
goods have been shipped or services performed. (0-95% of costs if the cause of
loss is prior to shipment.
Credit insurance provides a
safety net against non-payment but it will not normally cover exchange losses
as such, but in the event of non-payment of a contract expressed in foreign
currency the credit insurer may agree to pay the claim in the currency.
However, the cover is only as good as the export contract and the way it is
administered. It does not make a bad contract into a risk free contract. In any
event the exporter is exposed to FX risks on the uninsured percentage of 5-10%.
In situations where exchange
control regulations prevent the buyer transferring payment, or where unforeseen
logistical problems frustrate the contract, credit insurance may help minimise
FX losses.
In situations where the company
has sold the foreign currency forward, the FX contracts can be rolled over to
the date of payment by the credit insurer. The company would be responsible for
any difference between the amount paid out by the credit insurer and the amount
of the FX contract.

If you are importing or exporting, for expert commercial foreign exchange services, speak to us at Raphael's Bank.

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