• No results found

Legal proceedings. From time to time and in the normal course of business, claims against

the Bank are received. Based on its own estimates and internal and external professional advice,

the Bank’s management is of the opinion that no material losses will be incurred and

accordingly no provision has been made in these financial statements.

Tax legislation. The tax consequence of transactions for Belarus taxation purposes is

frequently determined by the form in which transactions are documented and the underlying

accounting treatment prescribed by Belarus Accounting Rules. Accordingly, the Bank structures

certain transactions so as to take advantage of such form driven determinations to reduce the

overall effective tax rate of the Bank. The statement of income as presented in these financial

statements includes reclassifications to reflect the underlying economic substance of those

transactions. The effect of these reclassifications does not have an effect on the Bank’s profit

before taxation or the tax charge recorded in these financial statements.

23. Contingencies, commitments and derivative financial instruments (continued)

The Bank’s management is confident that this ongoing restructuring of taxable income and

deductible expenses is unlikely to result in additional tax liabilities. Accordingly, no provision

for a potential tax liability, with regard to these transactions, has been recognised in the

financial statements.

If a particular treatment was to be challenged by the tax authorities, the Bank may be assessed

additional taxes, penalties and interest, which can be significant.

Credit related commitments. The primary purpose of these instruments is to ensure that

funds are available to a customer as required. Guarantees, which represent irrevocable

assurances that the Bank will make payments in the event that a customer cannot meet its

obligations to third parties, carry the same credit risk as loans. Documentary letters of credit,

which are written undertakings by the Bank on behalf of a customer authorising a third party to

draw drafts on the Bank up to a stipulated amount under specific terms and conditions, are

collateralised by the underlying shipments of goods to which they relate or cash deposits and

therefore carry less risk than a direct borrowing.

Commitments to make loans at a specific rate of interest during a fixed period of time are

accounted for as derivative instruments unless these commitments do not extend beyond the

period expected to be needed to perform appropriate underwriting. Outstanding credit related

commitments are as follows:

Note 2004 2003

Undrawn credit lines 5 598 -

Import letters of credit 2 014 843

Guarantees issued 2 299 2 633

Less: provision for impairment of credit related commitments 15 (135) (167)

Total credit related commitments 9 776 3 309

Commitments to extend credit represent unused portions of authorisations to extend credit in

the form of loans, guarantees or letters of credit. With respect to credit risk on commitments to

extend credit, the Bank is potentially exposed to loss in an amount equal to the total unused

commitments. However, the likely amount of loss is less than the total unused commitments

since most commitments to extend credit are contingent upon customers maintaining specific

credit standards. The Bank monitors the term to maturity of credit-related commitments

because longer-term commitments generally have a greater degree of credit risk than shorter-

term commitments.

The total outstanding contractual amount of undrawn credit lines, letters of credit, and

guarantees does not necessarily represent future cash requirements, as these financial

instruments may expire or terminate without being funded.

23. Contingencies, commitments and derivative financial instruments (continued)

The analysis and movement of provision for impairment of credit related commitments are

given below:

2004 2003 Provision for impairment of credit related commitments as at 1 January 2004 167 319

Recovery of provision for impairment of credit related commitments during the year (54) (192)

Effect of inflation 22 40

Provision for impairment of credit related commitments as at 31 December

2004 135 167

Current derivative financial instruments. Foreign exchange and other derivative financial

instruments are generally traded in an over-the-counter market with professional market

counterparties on standardised contractual terms and conditions.

Contractual amounts of certain financial instruments provide a basis for comparison with

instruments recognised in the balance sheet but do not necessarily indicate the amounts of

future cash flows involved or the current fair value of the instruments and, therefore, do not

indicate the Bank’s exposure to credit or price risks. The derivative instruments become

favourable (assets) or unfavourable (liabilities) as a result of fluctuations in market interest rates

or foreign exchange rates relative to their terms. The aggregate contractual or principal amount

of derivative financial instruments on hand, the extent to which instruments are favourable and,

thus the aggregate fair values of derivative financial assets and liabilities can fluctuate

significantly from time to time.

The principal or agreed amounts and fair values of derivative instruments held are set out in the

following table. This table reflects gross position before the netting of any counterparty

position by type of instrument and covers the contracts with a maturity date subsequent to

31 December 2004. These contracts were entered into in December 2004 and are short term in

nature.

Contracts with foreign

counterparties Contracts with Belarus counterparties

Principal or

agreed amount

Negative

fair value fair valuePositive Principal or agreed amount

Negative

fair value fair value Positive

Deliverable forwards

Foreign currency

— sale of foreign currency 1 383 - - 1 003 (3) -

Spot

Foreign currency

— sale of foreign currency 272 - - - - -

Swap

Foreign currency

— sale of foreign currency 12 982 - - -

23. Contingencies, commitments and derivative financial instruments (continued)

For these deals the Bank has recorded a net loss of USD 3 thousand, which is included within

gains less losses from dealing in foreign currency.

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