To recapitulate, in the context of coffee export trade finance,
warehouse receipts may generally be considered as valid collateral
if:
The receipt is issued by an approved entity (public
warehouseman, collateral manager).
The goods are identifiable, records are maintained and no
commingling is permitted.
No superior rights (liens) are held over the goods by the
issuer (the warehouseman).
The receipt can be transferred by endorsement or assignment
(it is negotiable), or it is issued in favour of the lender.
The receipt can be used to pledge or sell the underlying
goods.
Insurance cover against loss or unauthorized release of the
underlying goods is adequate.
No third party can have superior rights over the underlying
goods.
Local legislation enables the beneficial holder to
enforce their rights over the underlying goods, that is,
the debt the goods represent can be executed ahead of any
claims that others (for example revenue authorities or
warehousemen) may have. See 10.12.02 for an example of the
development of such legislation in Uganda and the United Republic
of Tanzania.