Trade and Export Finance

Whether you are an exporter or importer, creditor or debtor, Haynes and Boone is well positioned to handle the legal complexities and commercial challenges posed by today’s most sophisticated trade and export finance transactions.

Breadth of Practice

Our Trade and Export Finance Practice is far reaching, covering traditional and innovative products such as:

  • Commercial and standby letters of credit
  • Silent confirmations
  • Discounting of bills of exchange and other negotiable instruments
  • Account receivable sales and purchases
  • Trade receivable securitizations
  • Supply chain finance
  • Pre-export financing
  • Borrowing base facilities
  • Trade advances
  • Undisclosed payment guaranties
  • Microfinance lending
  • Export credit agency, multi-lateral and other development financial institution transactions

Many of the transactions handled by our Trade and Export Finance team are multi-disciplinary in nature, also involving our Project Finance and Development, Energy, Power and Natural Resources, Leveraged Financings and Commodities Trading and Finance practices. Most frequently, these matters also contain a cross-border element, involving multiple parties in developed, as well as emerging, foreign markets.

Unique Experience

Members of our Trade and Export Finance Practice have worked on several groundbreaking transactions. These award winning transactions have involved operations or parties in countries as diverse as:

  • Argentina
  • Austria
  • Brazil
  • Cayman Islands
  • Chile
  • Ecuador
  • Germany
  • Iraq
  • Japan
  • Mexico
  • Peru
  • Spain

Representative transactions overall have included:

  • Representing the Tokyo branch of a major global bank in its $150 million insured, Yen denominated import/export credit facility in favor of a major Brazilian aeronautics company. (Awarded “Trade Finance Deal of the Year” by Trade Finance Magazine.)
  • Representing the New York Branch of one of the largest banks in Asia in connection with a $300 million pre-export advance facility agreement in favor of a major Brazilian multinational corporation.
  • Advising one of the largest banks in the U.S. in connection with its $60 million supply chain finance program involving sellers in Europe, Asia, Africa and the Americas and in favor of a leading global spice and seasonings packaged goods company.
  • Representing a European fund in connection with the development and roll-out of its pre-export finance product in Latin America, including the evaluation of certain regulatory and compliance issues and franchise risks associated with such product. 
  • Advising a major forfeiting company in connection with its purchase of up to $1 billion in trade receivables from various U.S. subsidiaries of a major French automotive parts manufacturer.
  • Representing a development financial institution in a $50 million seven-year secured term loan facility to a Cayman Islands-based fund that provides trade and microfinance funding for small and medium-sized commodity exporters in Latin America. (Awarded “Trade Finance Deal of the Year” by Trade Finance Magazine.)
  • Representing a major U.S. chassis leasing company in connection with a syndicated and secured $275 million five-year borrowing base facility consisting of revolving loans and letters of credit led by one of the largest banks in the U.S.
  • Advising one of the largest banks in the world in connection with its development of a global draft discounting program across 12 distinct jurisdictions to be used in connection with financing for suppliers to a major international clothing manufacturer and retailer.
  • Representing a major global bank in its issuance of an $80 million cash collateralized protective standby letter of credit for the account of a multinational media company and in favor of a Brazilian bank.

Two key members of our Trade and Export Finance Practice are former officers of the trade and commodity finance departments of two of the world’s largest commercial banks. This experience in acting as internal counsel has been invaluable to these Haynes and Boone Partners in dealing with general counsels and other members of in-house legal departments in all aspects of client representation in the trade and export finance arena.

Our Clients

Our clients active in the trade and export finance area include corporations, investment funds, commercial and investment banks and development financial institutions. We advise these clients on transactions involving a wide range of underlying products, including “soft” commodities such as coffee, soybean, cocoa, palm oil, grain and livestock, “hard” commodities such as oil and gas, coal, steel and precious metals, as well as capital intensive and finished products such as aircraft, automotive parts and components, heavy industrial machinery, electronic equipment and clothing and textiles.

As the demand for innovative and cost-effective financing increases, we expect to also see an equivalent increase in new trade finance transaction structures meant to facilitate efficiency for debtors while affording creditors the legal protection that they require. The breadth of our Trade and Export Finance Practice positions us for such changes in the market, ensuring that our clients will benefit from counsel that is at once highly experienced as well as attuned to changing market trends and products.

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