4,163
Views
9
CrossRef citations to date
0
Altmetric
Articles

Trade finance in Qatar: blockchain and economic diversification

ORCID Icon, ORCID Icon &
 

Abstract

Trade finance helps businesses deal with abnormal cash flows whilst managing counterparty risk and enhancing confidence in commercial transactions. It also allows parties to overcome trust barriers that may inhibit commercial activity in both a domestic and international commercial context. Globally, particularly among micro, small and medium enterprises (MSMEs), there exists a significant and widening unmet demand for documentary finance. Securing trade finance is laborious and time-consuming. For MSMEs, the trade finance application process alone, can be an insurmountable barrier that usually ends in rejection. By its nature, trade finance arrangements engage with decentralized stakeholders and diffused information sources across supply chains. Issuers and underwriters of trade finance instruments are required to draw on disparate elements of information, not merely during the application phase, but indeed throughout the life of a transaction. Blockchain technology is similarly decentralized and can capture information in a secure, transparent and immutable manner potentially improving and reinvigorating the trade finance space. As Qatar embarks on a strategy of widening its economic base away from a singular reliance on the hydrocarbon fuel sector, the introduction of blockchain technology holds the potential to overcome the transactional friction associated with trade finance. A more efficient and accessible trade finance sector will ultimately enhance the competitiveness of MSMEs whilst simultaneously fostering the growing FinTech sector in Qatar.

Notes

1 Alisa Dicaprio and Benjamin Jessel, “Can Blockchain Make Trade Finance More Inclusive?” (2018) 47 The CAPCO Institute Journal of Financial Transformation 36. [Hereinafter Dicaprio & Jessel].

2 Asian Development Bank, Trade Finance Gaps, Growth and Jobs Survey (2019). https://www.adb.org/sites/default/files/publication/521096/adb-brief-113-2019-trade-finance-survey.pdf (last accessed 1 July 2020). Participants in the 2019 survey included 112 banks from 47 countries, 53 export credit agencies from 17 countries, 39 forfaitors from 20 countries, and 336 firms from 68 countries.

More than three-quarters of surveyed banks (76%) highlighted the requirements of anti-money laundering (AML) and KYC as the largest barrier to expanding trade finance operations. This was followed by high transaction costs and/or low fee income (59%), low credit ratings for the country where a firm is located (52%), as well as low credit ratings of banks in developing countries where they act as intermediaries for trade (51%), and low credit ratings of firms (43%).

3 The rejection rate of SME proposals is 45%, higher relative to mid-sized and larger-sized firms (39%) and multinational corporations (17%). Rejection reasons from the survey showed that 18% were rejected for serious KYC concerns, 20% for lacking additional collateral, 17% for poorly presented and insufficient information, 19% were deemed not suitable for support and 15% were found not profitable enough to process. Ibid, 4–5.

4 According to Boston Consulting Group, this is also explained by the slowing down of trade growth and entering of new players into the market. Stefan Dab et al., “The Digital Revolution in Trade Finance”, bcg.perspectives, Boston Consulting Group (2016), https://www.bcg.com/en-ca/publications/2016/digital-revolution-trade-finance.aspx (last accessed 1 July 2020).

5 Ibid, 3. According to Dicaprio and Jessel, double-invoicing is a common concern in trade finance. In this respect, the example is given of Standards Chartered that lost almost U.S. $200 million from a fraud involving counterfeited paperwork, where different banks and trading houses were holding separate titles from the same metal at China’s Qingdao port in 2014. Dicaprio and Jessel, supra n 1, 42.

6 Qatar National Vision 2030, https://www.psa.gov.qa/en/qnv1/Documents/QNV2030_English_v2.pdf (last accessed 1 July 2020). [Hereinafter QNV 2030].

8 Ibid.

9 “The Economic Context of Qatar”, see: https://www.nordeatrade.com/fi/explore-new-market/qatar/economical-context (last accessed 2 July 2020). [Hereinafter Economic Context of Qatar].

10 Under the Qatar National Vision 2030, nearly QR60bn (US$16.4 billion) in infrastructure and real estate investments are planned over the next four years to help offset falling FIFA-investment spending and ensure a beneficial legacy. See World Bank, Qatar’s Economic Update – April 2020, https://www.worldbank.org/en/country/gcc/publication/qatar-economic-update-april-2020 (last accessed 2 July 2020).

11 Economic Context of Qatar, supra n 9.

12 “Qatar Ranked Sixth Internationally in Economic Performance in 2020”, The Peninsula, 16 June 2020, https://www.thepeninsulaqatar.com/article/16/06/2020/Qatar-ranked-sixth-internationally-in-economic-performance-in-2020 (last accessed 2 July 2020).

13 QNV 2030, supra n 6.

14 S Nakamoto, Bitcoin: A Peer-to-Peer Electronic Cash System (2008). https://bitcoin.org/bitcoin.pdf (last accessed 1 July 2020). Blockchain shouldn’t be confused with bitcoin. For the difference between the two, see: “What’s the Difference Between Blockchain and Bitcoin?” https://www.euromoney.com/learning/blockchain-explained/the-difference-between-blockchain-and-bitcoin; Tom Zilavy, “Understand the Difference Between Blockchain and Bitcoin”, https://medium.com/datadriveninvestor/understand-the-difference-between-blockchain-and-bitcoin-6388183837b4; “The Difference Between Bitcoin and Blockchain”, https://www.e-zigurat.com/innovation-school/blog/difference-between-bitcoin-and-blockchain/ (last accessed 1 July 2020).

15 In a permissionless blockchain, information is publicly visible in an encrypted form. That information can only be altered through the use of a private key (i.e. a password). The cryptographic element at once secures the date but also allows for mathematical third-party verification of changes to the blockchain (proof of work).

16 Any alterations to the central blockchain file (dataset) must be verified by other third-party users of the blockchain who are usually incentivized in some way to devote their computing power to the verification process.

17 A private blockchain (sometimes referred to as “enterprise blockchain”) is administered by an appointed or nominated gatekeeper tasked with overseeing access to data. This type of blockchain system is usually used “in-house” within an organization. It is decentralized in nature, although the nodes upon which the data is stored are not as diffused as a permissionless blockchain such as bitcoin.

18 A permissionless blockchain is open to the public. Anyone can host the main blockchain file on their computer, engage in transactional verification or otherwise participate in the data management process subject to the endogenous requirements of that blockchain system.

19 All “nodes” could be all part of a private network, or they could be connected via the internet.

20 Hypothetically there are ways to overcome immutability, even on public blockchain, through what is known as a 51% attack. Such an attack involves a critical mass of users (being usually more than 50% of the computing power used to verify transactions) agreeing to collectively halt verifications and even reverse transactions that take place while they are in control of the system. See https://www.investopedia.com/terms/1/51-attack.asp (last accessed 1 July 2020).

21 Primavera De Filippi, “The Interplay between Decentralization and Privacy: The Case of Blockchain Technologies” (2016) 7 Journal of Peer Production; Deepak Puthal, Nisha Malik and Saraju Mohanty, “The Blockchain as a Decentralized Security Framework” (2018) 7 (2) IEEE Consumer Electronics Magazine 18; J Truby, “Decarbonizing Bitcoin: Law and Policy Choices for Reducing the Energy Consumption of Blockchain Technologies and Digital Currencies” (2018b) Energy Research and Social Science 44, 399–410, https://doi.org/10.1016/j.erss.2018.06.009.

22 Shuchih Ernest Chang, Hueimin Louis Luo and YiChian Chen, “Blockchain-Enabled Trade Finance Innovation: A Potential Paradigm Shift on Using a Letter of Credit” (2020) 12 Sustainability 188.

The risk cannot be totally eliminated, as the data that is originally inputted is may be false. What is alleviated is the risk that such data has been altered somewhere along the line over time.

23 Barkley’s cooperation with an innovative start-up, Wave, a decentralized blockchain hybrid crypto asset exchange platform can be an excellent case to show how blockchain allows the restoration of trust in trade (2016). Target goods, namely, cheese and butter, were transacted between Irish agricultural food cooperatives Ornua (formerly the Irish Dairy Board) and the Seychelles Trading Company. Ornua has suffered from expensive export coverage across countries, particularly for the time-intensive, complex, and lengthy processing of L/C issuance and approval. After introducing blockchain platform into the process, trade finance processing time has been substantially reduced, a paper-heavy transmission of L/C has averted, and overall performance has been enhanced. Another example can be the use by Japanese company “Marubeni” and insurance company “Sompo” of IBM’s Hyperledger Fabric platform, which reduced the transaction duration from weeks to about two hours. Ibid, 7–8.

24 See World Trade Organization, The challenges of trade financing, https://www.wto.org/english/thewto_e/coher_e/challenges_e.htm (last accessed 6 July 2020); Trade Finance Survey 2018: Plugging the trade finance gap, January 9, 2018, https://www.euromoney.com/article/b1642p90c7f07h/trade-finance-survey-2018-plugging-the-trade-finance-gap?copyrightInfo=true (last accessed 6 July 2020).

25 M Attaran and A Gunasekaran, “Financial Services: The Largest Blockchain Market” in Applications of Blockchain Technology in Business. (Springer Briefs in Operations Management. Springer, 2019).

26 According to the survey, transparency between all parties (114), gains in speed and efficiency (79), real time overview of transaction (69), and cost reduction (63) are top key benefits of DLT. See Appendix 1 Table.

27 J Truby, “Measuring Qatar’s Compliance with International Standards on Money Laundering and Countering the Financing of Terrorism” (2016) 19(3) Journal of Money Laundering Control 264–77, https://doi.org/10.1108/JMLC-04-2015-0011.

28 https://www.qnb.com/sites/qnb/qnbqatar/page/en/entradefinance.html (last accessed 1 July 2020). Additionally, the applicant must provide a Company profile document, copy of recent and valid commercial registration certificate, a copy of valid license issued by the municipality, copies of ID of all partners/owners and authorized signatories, full audited reports of the last 3 years, non-QNB account statements for the last 6 months (if any).

30 IBP, Inc., Qatar: Doing Business and Investing in Qatar Guide (2019) 99.

31 Law No. 27 of 2006 Promulgating the Trading Regulation Law, Article 386. https://almeezan.qa/LawArticles.aspx?LawTreeSectionID=9397&lawId=2572&language=en (last accessed 1 July 2020).

32 Ibid, Article 394.

33 Cybercrime Prevention Law No. 14 of 2014, https://cra.gov.qa/en/document/cybercrime-prevention-law-no-14-of-2014 (last accessed 1 July 2020).

34 Law No. 13 of 2016 Concerning Privacy and Protection of Personal Data; Qatar Financial Center (QFC) Data Protection Regulation No.6 of 2005, https://qfcra-en.thomsonreuters.com/rulebook/data-protection-regulations-2005 (last accessed 1 July 2020). To the extent that information is international, any data on a blockchain would need to comply with GDPR in Europe and CCPA in California – both of which have global reach for data associated with European and Californian residents and entities respectively.

The General Data Protection Regulation (GDPR) (2016/679) is a regulation in EU law on data protection and privacy in the European Union and the European Economic Area. For the details, see: https://gdpr-info.eu/ (last accessed 2 July 2020); The California Consumer Privacy Act (CCPA) is a state statute intended to enhance privacy rights and consumer protection for the residents of California state, U.S.A. For details, see: https://oag.ca.gov/privacy/ccpa (last accessed 2 July 2020).

35 See Andrew Dahdal, Douglas Arner and Gordon Walker, “The Qatari Financial Sector: Building Bridges between Domestic and International” (2017) 32(3) Banking and Finance Law Review 529.

36 Zain Sharar and Mohammed Al Khulaifi, “The Courts in Qatar Financial Centre and Dubai International Financial Centre: A Comparative Analysis” (2016) 46(2) Hong Kong Law Journal 533. SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2846978 (last accessed 1 July 2020).

37 Andrew Dahdal and Francis Botchway, “A Decade of Development: The Civil and Commercial Court of the Qatar Financial Centre” (2019) 34 Arab Law Quarterly 1.

38 QFC Law No. 7 of 2005, Articles 3 and 5. https://qfcra-en.thomsonreuters.com/sites/default/files/net_file_store/QFC_Law-V3-Oct09.doc.pdf (last accessed 1 July 2020). [Hereinafter QFC Law].

39 Ibid, Article 8.

40 Pursuant to Article 6 the Companies Regulations of 2005, the Companies Registration Office maintains a register of Limited Liability Companies, Limited Liability Partnerships and Branches which are or have been registered with the CRO.

41 Policy Statement No. 1 of the QFC Firms Doing Business in Qatar, https://www.qfcra.com/wp-content/uploads/2019/09/QFC-Firms-Doing-Business-in-the-State.pdf (last accessed 30 May 2020).

42 Ibid.

43 For more information, see: https://www.qfc.qa/en/MediaCenter/News/Pages/2018growth.aspx (last accessed 30 May 2020).

44 QFC Law, supra n 38, Article 10.

45 Ibid, SCHEDULE 3, Part 1 and Part 2.

46 See Schedule 3, Part 2, QFC Law. For more information, see Al Tamimi and Co, Setting up at in the Qatar Financial Centre (2016), Chapter 4: https://www.tamimi.com/wp-content/uploads/2017/10/Setting-Up-in-QFC.pdf (last accessed 30 May 2020).

47 Ibid. The following activities are considered to be Non-Regulated Activities: Shipping brokerage; Providing professional services including but not limited to audit, accounting, tax, consulting and legal services; Classification services and investment grading services; Company headquarters, management offices and treasury functions; Special purposes companies; Holding companies; Trusts and trust services; Single family offices.

48 For more information, see: https://www.qfc.qa/Admin/Resources/Resources/Professional%20Business%20Services%20Factsheet%20(Jan2015).pdf (last accessed 30 May 2020).

These new categories include: Information technology consultancy activities; Advertising agencies; Architectural activities; Engineering design activities for industrial process and production; Engineering related scientific and technical consulting activities; Environmental consulting activities; Media representation services; Translation and interpretation activities; Urban planning and landscape architectural activities; Accreditation; Logistics Planning and Consulting; Project Management; Marketing and Brand Management; Specialized design activities; Event management services; Estate planning and will writing; Activities of patent and copyright agents; other legal activities.

49 Andrew Dahdal, “First Steps for Fintech Regulation in Qatar” (2019) 2 The Qatar Business Law Review 19.

50 QFC Law, supra n 38, SCHEDULE 3 Part 2. The financial services include the following activities: Banking (including Corporate or wholesale banks, Investment banks, and private banks); Asset management (including retail schemes, qualified investor schemes, and private schemes); Insurance and reinsurance; Captives; Insurance brokerage; Islamic finance; Investment advice and investment services; Custodian services; Collective investment fund; Fiduciary businesses.

51 Ibid, Article 6(5).

52 Ibid, Article 8(1).

53 According to Article 7 of the Law No.13 of 2012 regarding the Qatar Central Bank and the Regulation of Financial Institutions [Hereinafter QCB Law] which provides that “the QCB is competent higher authority, layout and enforce the State monetary policy, policy of the exchange rate and financial and banking supervision within the framework of the national strategy and in accordance with the best international standards and practices, and shall carry out the necessary”.

54 QCB Law, Article 77.

55 Ibid, Article 205. See also Articles 77–113 which provide the License requirements for financial institutions who wish to conduct financial services and other financial businesses and activities in the State of Qatar.

56 Ibid, Article 70.

57 For more details, see the Qatar Central Bank Arabic website: https://www.qcb.gov.qa/Arabic/Legislation/Instructions/FinancialServicesInstitutions/Pages/FinanceCompaniesInstructions.aspx (last accessed 30 May 2020).

58 Ibid.

59 Ibid.

60 Ibid.

61 QCB Circular No. 38 of 2014 dated on 11 December 2014. For more details see: https://www.qcb.gov.qa/Arabic/Legislation/Instructions/FinancialServicesInstitutions/FinanceInstructions/03.pdf (last accessed 30 May 2020).

62 Ibid.

63 QFH provides mentorship, regulatory, registration and other types of support for both local and international FinTechs.

64 In line with Qatar’s Fintech strategy, Qatar Development Bank announced the launch of Incubator (for early-stage startups) and Accelerator (for mature FinTechs) programs. The programs are intended to serve local and global Fintech entrepreneurs who are looking for a launch pad and a hub to accelerate their growth. The programs will focus on key priority areas such as payment services solutions, solutions for SMEs, Islamic Fintech and regulatory technology.

65 The Qatar Central Bank officially launched its regulatory sandbox in June 2020. Fintech firms can safely experiment their services in the field of digital payment services under strict supervision of the QCB and the guidance of an expert panel. The intake of applications has started, although the sandbox itself is not operational yet. Andrew Dahdal, “The Future for Digital Payments in Qatar”, Middle East Business, 17 June 2020, https://www.middleeastbusiness.org/2020/06/17/the-future-for-digital-payments-in-qatar (last accessed 2 July 2020).

66 Fintech and Regtech: Building a Resilient, Inclusive and Competitive Legal and Regulatory Framework for 21st Century Finance in Qatar (NPRP11S-111-170016). This project will examine, review and propose a complete suite of legal reforms specifically for the Qatari financial services sector that address and support the significant global advances in digital technology. This project will significantly contribute to the realization of Qatar Vision 2030, the stated goals of the National Development Strategy (NDS) 2017–2022 and the Second Strategic Plan for the Financial Sector launched by the Qatar Central Bank in December 2017; A Secure End-to-End Blockchain-Based Solution to Finance Trade: The Legal, Technological, and Economic Framework (NPRP11C-1229-170007); A Road Map for Next Generation Financial Services in Qatar: Developing Use Cases, Policies and Governance Mechanisms for Implementing Blockchain Technology (NPRP11S-0117-180325); Extending Blockchain Technology – a Novel Paradigm and its Applications to Cybersecurity and Fintech (NPRP11S-0109-180242); Designing an Efficient Smart Contract based Blockchain System from Multi-modal Supply Chain Systems (NPRP11S-1227-170135).

67 For more information, see: https://www.qfc.qa/en/MediaCenter/News/Pages/more-fintech-providers.aspx (last accessed 30 May 2020).

68 QFCRA Banking Business Prudential Rules (2014), Articles 9.3.40, 9.5.31. https://qfcra-en.thomsonreuters.com/sites/default/files/net_file_store/QFCRA_9582_VER6.pdf (last accessed 2 July 2020).

69 QFCRA Islamic Banking Business Prudential Rules (2015), Articles 8.4.41, 8.6.31. https://qfcra-en.thomsonreuters.com/sites/default/files/net_file_store/QFCRA_10464_VER5.pdf (last accessed 2 July 2020).

70 Brief Introduction to Bank of China QFC Branch, https://www.bankofchina.com/qa/en/aboutus/ab1/201808/t20180806_13199943.html.

71 Wolfie Zhao and David Pan, “Inside China’s Plan to Power Global Blockchain Adoption” 20 April 2020, https://www.coindesk.com/inside-chinas-plan-to-power-global-blockchain-adoption (last accessed 6 August 2020).

72 Electronic World Trade Platform, for more details, see: https://www.ewtp.org/about/introduction.html (last accessed 2 July 2020).

73 Joy McKnight, “Faster, Cheaper, Smarter: Blockchain in Trade Finance Distributed Ledger” (2018) The Banker 28.

74 Ibid.

75 For more info on Enterprise Blockchain Software R3, see: https://www.r3.com/ (last accessed 2 July 2020).

76 For more info on Corda as an open source blockchain platform for business, see: https://www.corda.net/ (last accessed 2 July 2020).

77 For more info on Hyperledger, see: https://www.hyperledger.org/ (last accessed 2 July 2020).

78 For a detailed exposition on current and conceptual DLT initiatives relating to trade, see: “Blockchain and DLT in Trade: A Reality Check”, by Deepesh Patel (TFG) and Emmanuelle Ganne (WTO), (November 2019). https://www.wto.org/english/res_e/booksp_e/blockchainrev19_e.pdf (last accessed 2 July 2020).

79 https://wavebl.com/ (last accessed 2 July 2020).

80 https://www.skuchain.com/ (last accessed 2 July 2020).

81 For a full list of businesses operating in this space, see: https://www.tradefinanceglobal.com/blockchain/periodic-table/ (last accessed 2 July 2020).

82 Dakota A Larson, “Mitigating Risky Business: Modernizing Letters of Credit with Blockchain, Smart Contracts, and the Internet of Things” (2018) Michigan State Law Review 929.

83 See Appendix 3 – Technical Challenges. The survey has been conducted under three categories – Interoperability, integration into back office systems and difficulty in choosing between various DLTs. The majority found them as a small challenge (91%, 88%, 78%), (48%, 48%, 32%) found them as a big challenge, and (8%, 12%, 22%) found them as not a challenge respectively.

87 Although Qatar mainly exports gas and oil, starting 2019 it has been exporting agricultural products such as vegetables, dairy products, meat and poultry. Visit: https://www.thepeninsulaqatar.com/article/23/12/2018/Qatar-will-start-exporting-food-items-from-2019-Official (last accessed 2 July 2020).

88 European Banking Authority, EBA REPORT ON PRUDENTIAL RISKS AND OPPORTUNITIES ARISING FOR INSTITUTIONS FROM FINTECH, https://eba.europa.eu/sites/default/documents/files/documents/10180/2270909/02c7859f-576e-421e-b243-a145c0eaa131/Report%20on%20prudential%20risks%20and%20opportunities%20arising%20for%20institutions%20from%20FinTech.pdf (last accessed 7 July 2020).

89 Ibid, 33.

90 Ibid.

91 (2018): Fintech and the city: Sandbox 2.0 policy and regulatory reform proposals, International Review of Law, Computers & Technology, doi:10.1080/13600869.2018.1546542l.

92 See the benefits of automation in Jon Truby, Rafael Brown and Andrew Dahdal, “Banking on AI: mandating a proactive approach to AI regulation in the financial sector” (2020) 14(2) Law and Financial Markets Review 110–20, doi:10.1080/17521440.2020.1760454.

93 European Banking Authority, EBA REPORT ON PRUDENTIAL RISKS AND OPPORTUNITIES ARISING FOR INSTITUTIONS FROM FINTECH, https://eba.europa.eu/sites/default/documents/files/documents/10180/2270909/02c7859f-576e-421e-b243-a145c0eaa131/Report%20on%20prudential%20risks%20and%20opportunities%20arising%20for%20institutions%20from%20FinTech.pdf (last accessed 7 July 2020).

94 Qatar Central Bank, The Second Strategic Plan for Financial Sector Regulation 2017–2022, at 55–57. https://www.qcb.gov.qa/English/AboutQCB/Documents/The%20Second%20Strategic%20plan%202017-2022%20english.pdf (last accessed 2 July 2020).

Additional information

Funding

This publication was made possible by the NPRP award NPRP11C-1229-170007 from the Qatar National Research Fund (a member of The Qatar Foundation). The statements made herein are solely the responsibility of the author.

Notes on contributors

Andrew Dahdal

Dr Andrew Dahdal an Assistant Professor in Commercial Law at the College of Law, Qatar University, and teaches in the Legal Skills department including legal ethics, professionalism and legal writing. Andrew is the lead principal investigator (LPI) on (NPRP11s-1119-170016) investigating how technology is disrupting the financial sector and regulatory innovations to capture the benefits of this transformation. Andrew publishes researches corporate law and financial services. He completed his PhD at the University of New South Wales (Australia) and is actively engaged in developing Qatar's financial services sector. He has worked and taught in Australia, Europe and the Middle East and is the Chairman of the Commercial Law group within the International Association of Law Schools (IALS) and Section Head, Law and Policy (Economic Diversification) at the Centre for Law and Development (CLD), an industry funded Think Tank within the College of Law at Qatar University.

Jon Truby

Dr Jon Truby is an Associate Professor of Law and directs the Centre for Law and Development, a legal research centre at Qatar University. His research interests include technology law and sustainability, particularly artificial intelligence and financial technology. Dr Truby has secured major research grants, has published widely and recently spoke on a panel at the United Nations General Assembly on blockchain law and policy. He directs the undergraduate and graduate Environmental Law programs, and runs a continuing legal education program for the community. He was the founding editor-in-chief of the International Review of Law, an internationally peer reviewed bilingual law journal.

Husam Botosh

Dr Husam Botosh obtained his PhD in Commercial Law from the University of Sheffield. He worked within international academic institutions including Mutah University in Jordan, Derby University in the UK and currently in Qatar University and holds the position of Head of Private Law Department. Dr Botosh has over 20 years working experience within an academic research environment, including teaching, supervising research, course development and international student collaboration. Numerous academic administrative positions held and participation in committees.