Equator Principle Final

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EQUATOR PRINCIPLES

AN INDUSTRY APPROACH TO MANAGING ENVIRONMENTAL AND SOCIAL RISKS

GROUP 4 Vishal Balani Vipul Jain Anuj Kant Bhagyashree Sathe Satvinder Singh Darpan Thakker Varun Verma A005 A027 A029 A048 A054 A060 A063

Introduction
Announcement of Equator Principle
Equator Principle : a new policy framework designed to guide project-finance lending decisions. Announced on June 4, 2003 Major step towards achieving sustainable development. Some banks were reluctant to accept the principles as a standard.

Problem Statement
Should Equator banks encourage adoption of the principle by other banks and Export Credit Agencies (ECAs), focus on developing implementation procedures, o r respond to the criticism directly?

Project Finance
What is Project Finance?
In general it involves the creation of a legally independent project company financed with nonrecourse debt to facilitate investment in a single-purpose capital asset. Use of Project finance increased because of :

Privatization of state-owned assets Deregulation of key industries Globalization of markets

Role of Banks
Advisors helped structure deals Charged a small monthly fee Time period of six months to 24 months or longer Arrangers Helped raise capital in return for a fee

Lenders Made loans to project companies

Effect on Environment
Because of the large size, projects have

significant financial, developmental, environmental and social effects on the communities in which they are working For example, Chad-Cameroon Pipeline
Environmental risks including deforestation and oil

spills Potential for the greatest damage in the fragile ecosystem of the Atlantic littoral forest zone Projects settlement plan was incomplete and without mechanisms to ensure enforcement
Starting of a debate on sustainable development

Economy vs. Environment


Sustainable development : development that

meets the needs of the present without compromising the ability of future generations to meet their own needs.
Initially it was focused only on sponsoring firms

and their projects


Gradually public and private financial institutions

are also included in the dialogue of sustainable development

A Little Doze of History


1 9 9 2 Involve Pvt. & Public Institutions, UNEP create FI Initiative

UN & FIs create UNEP Statement on Environ. & Sustainable Development


OECD created Env. Guidelines for ECA known as Rev.-6 Promote Coherent Policies for Sustainable Development Objective To develop common policies among member ECA To achieve a high level of Environmental Protection London Principles : Established by UK Govt. & Corporation of London Motto :To Guide behavior of FIs in Worlds Leading Financial Centers Five Principles Env. Protection Social Development Two Principles Eco. Prosperity

2 0 0 2

Collevecchio Declaration
Identifies Environmental and Social Responsibility for Financial Institutions Fin Institutions Legal Responsible for Environmental & Social Risks they accept & create Fin Institutions accountable for Creating Policies, Stds & Procedures with Transparency Commitment to Sustainability Commitment to Do No Harm Commitment to Responsibility Commitment to Accountability Commitment to Transparency

Commitment to Sustainable Markets & Governance

Interest Permeation
Moves by Dow Jones, World Economic Forum, GRI and UN Efforts by RAN
Holistic Solution : Control Capital flows that finance egregious investments Banks are uniquely Vulnerable to Pressure from Advocacy Groups like RAN Confrontation & Negotiation through tactics like Days of Action, Media Campaign

RAN v/s Citigroup


Campaign Against Citigroup for sponsoring Large Projects with Environ. Risks Encouraged College Students to boycott Education Loan & Services Television Commercials urging people to cut their Citibank Credit Cards

Foundation of Equator Principles


Late 1990s ABN AMRO approaches IFC

No established Principles for social and Environmental Risks


Not to Finance Projects that result in Resource Extraction from primary of High-Conservation- Value Forests

2001 ABN AMRO Creates Forest Policy

Oct 2002 ABN AMRO and IFC convene Meeting for Project Financiers

Risks Covered by Industry-wide Framework


Deal Risk
Deal be delayed before closure causing opportunity cost

Credit Risk
Govt. Action for causing harm to local environmentClosure of project Following standard policies enable faster implementation and avoid costly delays

Reputation Risk
Association with bad project damages reputation of the financier

Forming of Equator Principles


Social and Environmental Risks part of the Equation Credible, Widely used, and Broad Industry Covering Principles Adaptation of IFC Policies Developed over 30 years Widely accepted Comprehensive and covered social issues Comments invited from Clients, NGOs & other banks

Introducing to other Project- Finance Banks

Announcing Equator Principles


June 4, 2003: Adoption of Equator Principles by 10 Banks

Applicable on Projects worth more than $ 50 Million

Important for Developing Nations who tended to ignore environment protection and human rights IFC Safeguards- Assess impact on natural environment and society World Bank Pollution guidelines- Minimum standards for pollution discharge

Methodology
Categorize Projects Depending on type of project and location
A (High) B (Medium) C (Low)

A & B Required Environmental assessment All A required EMP outlining risk mitigation procedures followed Inclusion of steps into Loan Covenants

Declared as default if failed to comply

Impact
Leadership Role in Global Environmental and Social Issues Affect Project Financing in Dozens of Industries globally Could impact investments worth $ 100 Billion in 10 Yrs.

Reaction to the EPs


Mixed Reaction from the NGO and the banking communities Applauded by Environmental Defense group praised

Citigroup committing to this and being ahead of other supposedly green export credit agencies
Collevecchio NGOs did not endorse the Equator Principles

consider it a mix of other principles such as UNEP-FI, the Collevecchio Declaration & London Principles that lack broader commitments to sustainability
Criticized IFC policies focus on revenue generation &

economic growth and not sustainable development indicators


Concerns on 3 Fronts SCOPE, IMPLEMENTATION

PROCEDURES & MECHANISMS.

SCOPE
EP did not contain no-go zones, unlike the IFC

guidelines Need for overt transparency & greater commitment to social issues EP does not prevent banks from financing the oil and logging companies that are kicking people out of their homes & destroying rain forests EP focussed on project finance lending and not on other financial vehicles such as IPOs and bonds. (e.g. forestry projects) It did not adequately address Human Rights. Instead the words socially responsible were included., which have an unclear meaning.

Implementation & Acceptance


Issues :
No standard implementation standards
Lack of enforcement mechanisms No disclosures

No review mechanism

Why other banks stayed away: BNP Paribas: Declaration of intent too vague with no clear implementation rules and timetable ANZ : Principles not applied universally, leading to competitive disadvantage

EP- 2003 Onwards


Revised in 2006EPII Significant growth in the number of EP adopters from the original 10 to 75 financial institutions from 32 countries across the globe

In 2010, the EP Association initiated a Strategic Review


Series of recommendations on key thematic areas, namely scope, climate change, human rights ,reporting and transparency, stakeholder engagement and governance

The EP III Update process was launched in July 2011 and consists of three distinct phases
PHASE I: Internal Consultation and Initial Drafting of EP III (July 2011 - August 2012) PHASE II: Formal 60 day Stakeholder Consultation and Public Comment Period (August - October 2012) PHASE III - Finalisation and Launch of EP III (October 2012 January 2013)

EP III Draft
Key themes and areas of development proposed in

the EP III draft include:


An extension in the scope of the EP to Project-Related

Corporate Loans and Bridge Loans Changes reflecting the recent update of the International Finance Corporation (IFC) Performance Standards New requirements related to managing impacts on climate Greater emphasis on human rights considerations in due diligence and an acknowledgment of the UN "Protect, Respect and Remedy" Framework for Business and Human Rights and Guiding Principles on Business and Human Rights

Where does India Stand?


Project developers are required by regulation to undertake an Environment Impact Assessment (EIA) in order to obtain the Environmental Clearance Major prerequisite for starting projects and demanded by banks in all project finance deals Although the process appears sound, there are loopholes in its implementation In many cases, the EIA reports are not authentic, the public consultation does not take place as per the Act Sometimes the project's impact on local communities and the surrounding environment remains unclear

In December 2007 the Reserve Bank of India (RBI) issued a circular citing the importance for banks to act responsibly and to contribute to sustainable development referred banks to the Equator Principles suggested that there is a need for Indian banks to evolve institutional mechanisms to enshrine sustainability.

Some of the Initiatives by Banks


SBI Green Home Loans
Support environmentally-friendly residential projects Offer various concessionsreduced margins, lower interest rate and zero processing fee. These loans will be sanctioned for projects rated by the Indian Green Building Council (IGBC)

ICICI Bank's Support for Clean Technology


Clean Coal Technologies Zero Emission Vehicles Finance for Innovative Products

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