Sam Fowler-Holmes, Partner, assisted by Jacqueline Cook, Of Counsel and Senior Knowledge Development Lawyer, presented our January webinar which looked at the second edition to A Practitioner’s Guide to Trade and Commodity Finance (“Guide”) which our Trade and Export Finance has updated and greatly expanded under the editorship of Geoffrey Wynne. The book, published at the end of 2021, marks a significant milestone for the firm marking ten years since the first edition. Sam gave a synopsis of what the Guide covers and how much development there has been in the area of trade, commodity and export finance and Jacqueline gave a round-up of some key legal and regulatory issues, some of which are still in development The Guide is based on English law and where appropriate gives some examples from other jurisdictions.

Written by Matilda Johnson, Trainee Solicitor

At the latest Trade & Export Finance webinar, Sam Fowler-Holmes, a partner in the Trade & Export Finance Group at Sullivan's London office, gave some valuable insight into what to consider before using a special purpose vehicle (SPV) in trade finance transactions. As SPVs become increasingly commonplace in trade structures, particularly in the receivables finance sphere, this is a timely opportunity to consider some of the "risks and rewards" associated with SPV structures.

By trainee Humzah Irfan at Sullivan in London

Sam Fowler-Holmes restarted Sullivan's Breakfast Seminar, this time at lunchtime! On the day England moved into a second national lockdown due to the COVID-19 pandemic, Sam provided an overview of the impact of COVID-19 on the trade finance sector. The presentation discussed issues from the progress in digitalisation in the trade finance market to Brexit and LIBOR.

This article is the second in a series looking at how to address some of the issues affecting trade finance documentation and transactions in the current climate.

The first article in this series analysed some of the issues that parties to a trade finance transaction should be aware of when considering amendments and waivers to their written contracts. This article continues to explore the issues that arise in connection with amendments and waivers, focusing first on the common question of how best to document an agreed amendment or waiver to an English law contract, and then considering how amendments or waivers to one contract can potentially (and possibly detrimentally) impact a party’s rights under a connected contract, and finally how to take steps to avoid or mitigate such impact.

How should I document an amendment or waiver in a trade finance transaction?

The starting point is always to consider any requirements set out in the relevant contract. Even if a contract is silent as to how it should be amended or waived, it is advisable to make any amendment or waiver in writing as, if well drafted, doing so helps to mitigate any later dispute about the intended scope or effect of the amendment or waiver.

This alert is the first in a series addressing the issues affecting trade finance documentation and transactions in the current climate.

By Sam Fowler-Holmes and Fiona Luong

UK companies who are trading or are considering trading with Iran may now face potential criminal penalties for breaching the EU Blocking Statute, underscoring the need to carry out due diligence in order to best manage their risk profile. This includes:

• assessing whether any authorisations are required from either the US or EU in relation to current and future business activities (e.g. by obtaining the EU Commission’s authorisation to comply with specified US extraterritorial sanctions); and

• weighing up the risks associated with breaching US extraterritorial sanctions against those of breaching the EU Blocking Statute and updating internal policies, protocols, and business plans (where appropriate).

This may cause problems for parties who will be caught between US sanctions and UK/EU requirements.