Trade Finance Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Trade Finance Agreement

"I need a Trade Finance Agreement under UAE law for a manufacturing company seeking letter of credit facilities up to AED 50 million, with both conventional and Islamic finance options, to be effective from March 2025."

Document background
The Trade Finance Agreement serves as the primary contractual framework for businesses seeking trade finance facilities from financial institutions in the UAE. It is essential for companies engaged in international trade, import/export operations, or requiring working capital for trade cycles. The document is structured to comply with UAE Federal Laws, particularly the Commercial Transactions Law and Central Bank regulations, while incorporating international trade practices. This agreement typically covers various trade finance products including letters of credit, guarantees, documentary collections, and trade loans, detailing the terms, conditions, security requirements, and operational procedures. It's particularly relevant in the UAE context given the country's position as a major trading hub and its specific regulatory requirements for financial institutions and trading entities.
Suggested Sections

1. Parties: Identification of the financial institution and the customer/borrower, including full legal names and addresses

2. Background: Context of the trade finance arrangement, relationship between parties, and general purpose of the facility

3. Definitions: Comprehensive definitions of terms used throughout the agreement, including financial, technical, and operational terms

4. Facility Details: Specific details of the trade finance facility including type, amount, purpose, and tenor

5. Conditions Precedent: Prerequisites that must be satisfied before the facility becomes available

6. Utilization Procedures: Procedures and requirements for drawing down or utilizing the facility

7. Payment Terms: Terms relating to payments, including fees, charges, interest/profit rates, and payment schedules

8. Security and Collateral: Details of security arrangements and collateral requirements

9. Representations and Warranties: Standard and specific representations and warranties from the customer

10. Covenants: Positive and negative undertakings by the customer

11. Events of Default: Circumstances constituting default and consequences thereof

12. Documentation Requirements: Required trade documents and their submission procedures

13. Bank's Rights and Obligations: Specific rights and obligations of the financial institution

14. Customer's Rights and Obligations: Specific rights and obligations of the customer

15. Governing Law and Jurisdiction: Confirmation of UAE law as governing law and jurisdiction details

Optional Sections

1. Islamic Finance Provisions: Required when the facility is Sharia-compliant, including specific Islamic finance structures and principles

2. Export/Import License Requirements: Included when dealing with regulated goods requiring specific licenses

3. Sanctions and Compliance: Detailed section on sanctions compliance when dealing with international trade

4. Insurance Requirements: Detailed insurance provisions when specific insurance coverage is required

5. Third Party Rights: Required when there are guarantors or third-party security providers

6. Assignment and Transfer: Include when transfer or assignment rights are granted to either party

7. Currency Provisions: Required for multi-currency facilities or specific currency risk arrangements

8. Correspondent Bank Arrangements: Include when correspondent banks are involved in the transaction

Suggested Schedules

1. Facility Summary: Detailed breakdown of facility limits, pricing, and key terms

2. Form of Utilization Request: Standard form for requesting utilization of the facility

3. Security Documents: List and copies of required security documents

4. Required Trade Documents: Checklist and formats of required trade documentation

5. Fee Schedule: Detailed breakdown of all applicable fees and charges

6. Conditions Precedent Documents: List of all required conditions precedent documents

7. Authorized Signatories: List of authorized signatories and specimen signatures

8. Form of Trade Finance Documents: Standard forms for letters of credit, guarantees, etc.

9. Compliance Documents: Required KYC and compliance documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

International Trade

Manufacturing

Import/Export

Retail

Wholesale

Commodities Trading

Logistics and Supply Chain

Energy and Resources

Agriculture

Textiles

Electronics

Automotive

Construction Materials

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Risk Management

Compliance

Operations

Credit

Commercial

Supply Chain

Documentary Credits

International Banking

Corporate Banking

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Finance Director

Commercial Director

Risk Manager

Compliance Officer

Legal Counsel

Credit Manager

Operations Manager

Relationship Manager

Documentary Credits Specialist

Import/Export Manager

Supply Chain Manager

Financial Controller

Industries
UAE Commercial Transactions Law (Federal Law No. 18 of 1993): Primary legislation governing commercial transactions, including provisions for commercial papers, banking operations, and commercial contracts
UAE Civil Transactions Law (Federal Law No. 5 of 1985): Governs general contractual principles, obligations, and commercial relationships between parties
UAE Central Bank Law (Federal Law No. 14 of 2018): Regulates banking activities and financial services, including trade finance operations and related banking services
UAE Commercial Companies Law (Federal Law No. 2 of 2015): Relevant for understanding the legal status and capacity of parties entering into trade finance agreements
UAE Maritime Law (Federal Law No. 26 of 1981): Important for trade finance transactions involving maritime shipping and related documentation
Electronic Transactions and Commerce Law (Federal Law No. 1 of 2006): Governs electronic transactions and digital documentation, relevant for modern trade finance operations
UAE Bankruptcy Law (Federal Law No. 9 of 2016): Important for understanding creditor rights and insolvency proceedings that might affect trade finance arrangements
Federal Law No. 20 of 2016 on Mortgaging of Movable Properties as Security for Debts: Relevant for securing trade finance facilities with movable assets and receivables
UN Convention on Contracts for the International Sale of Goods (CISG): International convention ratified by UAE, relevant for international trade finance transactions
UAE Anti-Money Laundering Law (Federal Decree Law No. 20 of 2018): Compliance requirements for trade finance transactions to prevent money laundering and terrorist financing
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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