Overview:
The Coalition
Provisional Authority (CPA) has created the Trade Bank of Iraq (Trade Bank or
TBI). Currently, Iraq’s financial
institutions do not possess the experience, expertise or creditworthiness to
support trade finance. The mission of the Trade Bank is to facilitate and
support the reconstruction of Iraq through trade finance activities related to
exports from and imports to Iraq.
In addition to providing
a trade finance capability in Iraq on an expedited basis, the overarching goal
of establishing a Trade Bank is to create a financial institution that will
benefit the Iraqi people and drive the country’s economic growth long after the
Coalition Provisional Authority (CPA) has departed. It is important to note that the Trade Bank’s role in Iraq is
expected to evolve over time. The CPA
expects Iraq’s private sector banks to supply the country’s basic trade finance
needs as soon as practical, as is common in other countries, while the role of
the TBI evolves in new directions.
The Trade Bank is
an independent public entity with separate capitalization consisting of $5
million of Paid-in-Capital and $95 million of Callable Capital. Import transactions supported by the Trade
Bank will initially consist of equipment and commodities to fulfill the needs
of the CPA and the interim Iraqi ministries for the reconstruction of
Iraq. These imports will be funded
through the Development Fund for Iraq (DFI).
Under United Nations Security Council Resolution (UNSCR) 1483,
ninety-five percent of the proceeds of all Iraqi export sales of petroleum,
petroleum products, and natural gas are required to be deposited into the DFI
account, which is maintained at the US Federal Reserve Bank of New York. The DFI account is controlled by the CPA Administrator,
and DFI funds are to be used in a transparent manner for the benefit of the
Iraqi people.
In order to
become operational as quickly as possible, the CPA intends to procure the
services of an international commercial bank or consortium of banks (the Operating
Consortium or OC) to provide Letter of Credit (L/C) processing expertise in
conformity with UCP 500 and, as appropriate, in conformance with the Supplement
to the Uniform Customs and Practice for Documentary Credits for Electronic
Presentation (eUCP), version 1.0.
Quickly establishing SWIFT access, initially through the OC banks, but
working toward direct Trade Bank connection will be a priority. The OC will both issue L/Cs on behalf of the
Trade Bank and confirm L/Cs issued by the Trade Bank. The Trade Bank will also be able to advise oil export L/Cs. In addition, the Operating Consortium will
be assigned the task of training Iraqi personnel to operate the Trade Bank
independently after a period of L/C and trade finance training. The Operating Consortium selected will
represent a variety of geographic regions and diverse markets to provide the
broadest access to imports from various countries.
The Iraqi budget
currently estimates petroleum exports in the range of $14 to $17 billion over
the next 12 months. Initially, import
financing is forecast in the range of $100 million monthly, but this total is
estimated to increase to a monthly average of $500 million within a year.
The OC will be
the primary private institution providing foreign trade finance services to the
CPA and the Trade Bank. In addition, a
portion of Iraqi oil sales evidenced by purchaser L/Cs will be channeled
through the TBI, and the OC may perform collecting bank services to assist the Trade
Bank, or the CPA, in advance of the commencement of operations of the TBI.
The
international commercial bank or bank consortium, chosen by the CPA under the
recommendation of a Selection Committee established for this purpose, will be
invited to negotiate an Agency Processing Agreement (the Processing Agreement
or APA) to provide the services outlined below and described in more detail in
the attached Statement of Work (See Tab A.). The contract between the CPA and the Operating Consortium will be
for an initial term of twelve (12) months.
The CPA will have a unilateral option to extend the APA for up to twenty
four (24) months should conditions dictate continuation of the Processing
Agreement.
This Request for
Proposal (RFP) has been drafted in order to provide a consistent framework for
the submission of proposals by leading financial institutions to serve as the
Operating Consortium for the Trade Bank of Iraq. The CPA encourages firms to form alliances or consortia with
other financial institutions, especially with those located in the Middle East. If a group of financial institutions bid on
the above contract as a consortium, the function and responsibility of each
member firm should be described in detail in any submission pursuant to this
RFP.
The OC will
perform the following basic functions of the Trade Bank pursuant to the
Processing Agreement:
·
The OC will
provide trained personnel to draft and execute letters of credit on behalf of
the Trade Bank and ensure that all necessary documentation is assembled for the
trade finance transactions supported.
These letters of credit will be in conformity with UCP 500 and eUCP.
·
The OC will
provide all necessary information technology hardware, systems software, and
communications equipment necessary for Trade Bank operations. This will include required equipment and
personnel to access the SWIFT system once the necessary communications
infrastructure is in place. Pending the
Trade Bank’s ability to obtain its own SWIFT capabilities, the OC will use its own
connections to SWIFT on behalf of the Trade Bank.
·
The OC will
issue letters of credit either under its own name on behalf of the TBI or
confirming letters of credit under the name of the TBI to pay for/finance Iraqi
imports.
·
The OC will
advise (and if mandated, will provide confirmation of) export letters of credit
issued by foreign buyers of Iraqi petroleum and natural gas products to facilitate
the export transactions.
·
The OC will
train the Trade Bank staff to perform the same functions performed by the OC so
that the TBI will be able to fully function as an international trade finance
institution on its own, once the OC has completed its contract. The goal is to create an Iraqi trade finance
institution, and on the job training by the OC will facilitate this goal.
A more comprehensive
Statement of Work is attached as Tab A.