Risk Assessment & Regulatory Framework In Islamic Banks

Similar documents
Challenges of Islamic Financial Market Development

Treasury Operations of Islamic Banks

An Oracle White Paper September Islamic Banking Processes and Products Key Regional Variations

Shari a-compliant Securities (Sukuk). September 2012

Risk Management in Islamic Financial Instruments

Abu Dhabi Islamic Bank PJSC

The Certified Islamic Specialist in Capital markets

An introduction to Islamic Finance in. Nairobi, 8 October Allen & Overy LLP

Sharia compliant financing of commercial real estate

Dubai Islamic Bank. Investor Presentation September 30 th

Investor Presentation First Quarter (Q1)

FSPBA1 Set up bank accounts for customers

ESSENTIAL ELEMENTS FOR EFFECTIVE REGULATORY AND SUPERVISORY FRAMEWORK FOR IFI MALAYSIAN EXPERIENCE & APPROACHES

The development of Islamic banking and the Omani Experience

RISK MANAGEMENT REPORT (for the Financial Year Ended 31 March 2012)

Key learning points I

Sukuk and its Growth across Major Islamic Financial Markets

Dubai Islamic Bank. Investor Presentation June 30 th

EQUITY- BASED FINANCING

THE ROLE OF SHARI AH SUPERVISORY BOARD IN ENSURING GOOD CORPORATE GOVERNANCE PRACTICE IN ISLAMIC BANKS. Dr.Bedj Bedj Toufik

Recent years have seen a marked growth in

How To Calculate A Balance Sheet Of An Al Rajhi Bank And Investment Company

AMENDMENT TO THE FINANCIAL INSTITUTIONS ACT AND THE CONCEPT OF ISLAMIC FINANCE IN UGANDA

Ethiopian Institute of Financial Studies (EIFS) PROJECT FINANCE

HBL-ISLAMIC BANKING (HBL-IB) BUSINESS PRODUCTS

guidelines Islamic Funds Collection of best practices for setting-up and servicing Islamic funds

Group Financial Review

VIII. Parent company financial statements Credit Suisse (Bank) 339 Report of the Statutory Auditors. 340 Financial review. 341 Statements of income

CIBAFI Professional diploma

Issues in Islamic Finance and (Re)Takaful business

An Overview of Islamic Finance

Proposed Insurance Act Amendments Life Insurance

practical information

Governance and Risk in Africa

A Compliance of Islamic Banks with the Principles of Islamic Finance (Shariah): An Empirical Survey of the Jordanian Business Firms

Roche Capital Market Ltd Financial Statements 2014

Ministry of Labour and Social Policy LAW ON VOLUNTARY FULLY FUNDED PENSION INSURANCE ( )

THE CENTRAL BANK OF THE REPUBLIC OF ARMENIA BOARD RESOLUTION No. 39

As of July 1, Risk Management and Administration

Strategic Planning and Organizational Structure Standard

Islamic Banking and the Housing Industry. Abdel Karim Halabi, Monash University Abdul Malik Mirza, Queensland University of Technology

Regulatory aspects of Finance and Leasing Companies

GUIDELINES ON CORPORATE GOVERNANCE FOR LABUAN BANKS

BANQUE DU LIBAN. Basic Circular No 2. Addressed to Financial Institutions

Islamic Finance A UAE Legal Perspective

18,343 18,308 3 Accumulated other comprehensive income (and other reserves)

Contracts and Transactions under Islamic Law

Islamic Syndicated Financing: An Underdeveloped Method of Sharia Compliant Financing

EASY FOREX TRADING LTD DISCLOSURE AND MARKET DISCIPLINE IN ACCORDANCE WITH CAPITAL ADEQUACY AND THE REQUIREMENTS ON RISK MANAGEMENT

Shamshad Akhtar: Shariah compliant corporate governance

Securitization Perspectives: Final U.S. Liquidity Coverage Ratio. September 10, 2014

Capital adequacy ratios for banks - simplified explanation and

Every day, the world of Islamic finance is evolving.

The Northern Trust Company, Canada Basel III Pillar lll Disclosure as at December 31, 2015

Islamic Finance & Sukuk I C M A E X E C U T I V E E D U C AT I O N

Risk Management. Credit Risk Management

Close Brothers Group plc

Roche Capital Market Ltd Financial Statements 2009

INSTRUMENTS AND RISKS IN ISLAMIC FINANCIAL INSTITUTIONS

BVI s position on the Consultative Document of the Basel Committee on Banking Supervision: Capital requirements for banks equity investments in funds

Article 56 of the Bank of Russia Law.

ARION BANK S 2014 FINANCIAL RESULTS

ICAAP Required Capital Assessment, Quantification & Allocation. Anand Borawake, VP, Risk Management, TD Bank anand.borawake@td.com

Partners for the Common Good Financial Statements December 31, 2014 and 2013

CANADIAN TIRE BANK. BASEL PILLAR 3 DISCLOSURES December 31, 2014 (unaudited)

OIC [ISLAMIC] Indexes & Finance A Deep Dive

A Guide to the QFC. Collective Investment Schemes Regime

YE08 Consolidated Financial Results. February 13, 2009

HOCH CAPITAL LTD PILLAR 3 DISCLOSURES As at 1 February 2015

Safety & Soundness Principles

Publication of financial information pursuant to the Capital Adequacy Regulation (Pillar 3)

Net Stable Funding Ratio

EASTERN CARIBBEAN CENTRAL BANK

General rules to legitimate the tawarruq transaction:

Bachelor of Financial & Accounting Science

Islamic Finance in the UK: Regulation and Challenges

Credit Risk Management System Checklist and Manual

SUMMARY Belfius Financing Company (LU) NOK Step Up 2 due 7 April 2020

Notes to the unaudited interim financial report

How To Understand And Understand The History Of Imrani Finance

ZAG BANK BASEL II & III PILLAR 3 DISCLOSURES. December 31, 2014

Risk Management of Institutions offering Islamic. Market) April 27-30, 2014 Kuwait city, Kuwait

IN THE NAME OF ALLAH, THE MOST GRACIOUS, THE MOST MERCIFUL CENTRAL BANK OF SUDAN

OUTSOURCING GUIDELINES FOR BANKS AND FINANCIAL INSTITUTIONS, 2008

SSH COMMUNICATIONS SECURITY CORPORATION FINANCIAL STATEMENT RELEASE, JANUARY 1 MARCH 31, 2016

December 2013 Portfolio Management Guidelines

BUSINESS FORWARD. At FAMCO we understand that cash flow and the financing of your FINANCIAL SOLUTIONS YOUR ABOUT FAMCO FINANCIAL SERVICES TO DRIVE

COMPUTERSHARE TRUST COMPANY OF CANADA BASEL III PILLAR 3 DISCLOSURES

Islamic Financial Instruments. Majid Pireh Islamic Finance Expert Securities & Exchange Organization(SEO) Tehran, Iran

Guidelines. ADI Authorisation Guidelines. Australian Prudential Regulation Authority. April 2008

Information on Capital Structure, Liquidity and Leverage Ratios as per Basel III Framework. as at March 31, 2015 PUBLIC

Roche Capital Market Ltd Financial Statements 2012

News Release January 28, Performance Review: Quarter ended December 31, 2015

Quarterly Financial Supplement - 1Q 2016

BOARD NOTICE.. OF 2013 FINANCIAL SERVICES BOARD COLLECTIVE INVESTMENT SCHEMES CONTROL ACT, 2002

Your Assets are Safeguarded. at Morgan Stanley

The Law of the Republic of Azerbaijan on Non-Bank Credit Institutions

MSc Investment Banking and Islamic Finance. Full-time: 12 months

Introduction to Branch Banking

Transcription:

Risk Assessment & Regulatory Framework In Islamic Banks The Lebanese Experience Dr Amine Awad Executive Director, Lebanon s Member of the Higher Banking Council Coordinatior of Basel III Implementation Task Force Washington D,C. October 18, 2012

Outline Preface: What is Islamic Banking Major Islamic Banking Rules & Standards Brief History of I.B. s in Lebanon Major Regulations for I.B. s in Lebanon Liquidity in I.B. s Challenges Facing the Development of I.B. s List of Islamic Banking Regulations 2

Preface Islam encompass all aspects of Muslims life. Islamic Law or Shari a : derived from the holly Qoran and the Sunna (Practices of the Prophet). Islamic Financial Model, as seen today, is based on the following 5 major principles: Principle 1: Everyone involved in a transaction should be well informed and not misled or cheated. Principle 2: Islam encourages economic activities but makes a clear distinction between activities Allowed and activities Forbidden (Exp: Transactions involving Alcohol, pork, gambling etc ) (Cont.) 3

Preface (Cont.) Principle 3: The major Shari a rule prohibits muslims of Riba (i.e. usury or interest). Islamic Banking has developed mechanisms that replaced interest income by cash flows from productive sources (Exp: Profit from trading in assets, rental income, leasing etc ) Principle 4: The Islamic Banking Model is based on a Risk and Profit sharing (and Loss bearing); so Shari a Compliant transactions are similar to Equity based Transactions. Principle 5: Contractual Certainty : Uncertainty or ambiguity that can lead to disputes render a contract void under Shari a. 4

Major Islamic Banking Rules & Standards As Islam is based on Shari a, there are 4 major Schools (Mazahib) of Al Fikh, i.e. the Interpretation of the Shari a Rules, from the extreme rigorous to the easiest: MALIKI HANBALI SHAFI I HANAFI 5

Major Islamic Banking Rules & Standards In the early 90 s the Islamic Banking Industry decided that the existing International Standards applying to Conventional Banking were inadequate to cater its needs. In 1991, the AAOIFI (Accounting & Auditing Organization for Islamic Financial Institutions) was created in Bahrain. Over the years AAOIFI has developed new Standards for Islamic Financial Institutions (I.F.I.) and has taken significant steps to encourage the application and enforcement of its standards. 6

Major Islamic Banking Rules & Standards AAOIFI objectives are to: * Develop Accounting and Auditing thoughts for IFI s * Disseminate these thoughts * Preface and Review Accounting and Auditing Standards for IFI s, that respect Shari a. AAOIFI also created two diplomas for Islamic Banking: * C.I.P.A. (Certified Islamic Public Accountant) * C.S.A.A. (Certified Shari a Advisor & Auditor) 7

Major Islamic Banking Rules & Standards In 2012, there are: * 26 Accounting Standards * 5 Auditing Standards * 7 Governance Standards * 45 Shari a Standards * 2 Codes of Ethics 8

Brief History of I.B. s in Lebanon Until February 2004, date of adoption of the Law No 575 on Islamic Banking, there was no Islamic banks in Lebanon, except one (Al - Baraka Bank), which was operating as a Conventional Bank, respecting the shari a. Presently there is a small Islamic Banking Sector in Lebanon with 5 Banks, 2 of them are affiliated to large Lebanese Conventional banks and 3 are affiliated to large Foreign Islamic banks (Bahrani, Qatar & Iraq). Lebanon decided to set the legal framework of an Islamic Banking Sector because of the two following major factors: Islamic Banking is growing rapidly worldwide (annual growth rate is estimated at 15% for the last 7 years) Excess of Liquidity in the Middle East Region 9

Some Figures of the Islamic Banking Sector in Lebanon 2006 2007 2008 2009 2010 2011 June 2012 Number of I.B. 4 4 4 4 4 5 5 Total Number of Branches 10 12 13 16 17 18 18 )In USD Million) 2006 2007 2008 2009 2010 2011 June 2012 Total Footings (Incl. Assets under Management) 340 460 607 771 799 870 920 Total Deposits (Restricted + Unrestricted A/C s) 167 250 269 323 408 534 565 Total Equity 112 112 130 134 136 131 129 10

Major Regulations for I.B. s No Islamic Windows are allowed only Independent Islamic Banks can offer Islamic banking services and products:. To put a Chinese wall between Conventional and Islamic Banking and avoid misleading non transparent practices.. To have a clear competitive market for Islamic Finance Minimum Capital for an I.B. is USD 100 Million (with exceptions in some cases) The 15% cash Hamesh Al Jaddia )Margin) is mandatory, in Murabaha Transactions.(= Margin against Trade Finance Transactions) The legal liability of Al A mer Bil Shira a )Client) is mandatory in Murabaha transaction.(including all types of Collaterals) Financing of Real Estate Development Projects (L.T.V.) should not exeed 60% of the project s value All types of R.E. Intermediation and/or Financing Speculation on R.E. are 11 prohibited

Major Regulations for I.B. s There are many circulars issued by B.D.L. and B.C.C.L. to set the legal and regulatory framework of the various types of Islamic Transactions : Murabaha (Retail & Trade Finance Transactions) Musharaka or Mussahama (Project Financing Transactions) Ijarah & Ijarah Muntahia Bitamlik (Leasing Transactions) Mudaraba (Profit sharing between the bank and the Client) Salam (Advances against Future delivery of assets) Istisna a (Advances against manufacturing of an asset to be delivered to the Islamic Bank) Sukuk (Bonds) (Islamic Asset Backed Instruments) Islamic Mutual Funds (Cont.) 12

Major Recent Regulations for I.B. (Cont.) On the other hand B.D.L. issued four important Circulars: - In August 2004, Circular # 94, setting Limit for I.B. s Investments in R.E. (50% of the Total Investment Portfolio) - In February 2007, Circular #107, drawing a specific form of Balance Sheet (including Off Balance Sheet items) and P & L Account for I.B.(B.C.C.L. will issue in the next couple of weeks a Condensed B/S). - In September 2007, Circular # 112, on Corporate Governance Practices in I.B. : * Mandating Corp. Gov. Unit (with a Non Executive Board Member) (+) Shari a Audit Unit (reporting to B.o.D. and Shari a Board), in addition to other B.o.D Committees (as for Conventional Banks) * List of Disclosures for full transparency * Role: - Protect the interests of the customers and other stakeholders - Supervise and develop the systems relating to Corporate Governance 13

Major Recent Regulations for I.B. (Cont.) - In May 2008, Circular # 116, on new Capital Instruments (Tier2) in I.B. s, including: * Kard Al Hassan (Subordinated Loan) (Perpetual = i.e. minimum 5 years no capital guarantee, not redeemed except from free distributable profits) * Cash Contribution (with no return and for the whole life of the Bank) - In May 2008, Circular # 163, on the pre - conditions to Sell Islamic Financial Products * I.B. must obtain B.D.L. prior approval to sell any Islamic Financial Product to the public (to avoid misleading and protect consumers of Islamic financial services) - In July 2008, Circular # 178, on Investments of I.B.: * Total Lending of I.B. s to their Affiliated Companies, should not exceed 30% of the bank s Equity )and 10% per company) 14

Methodology of Regulation / Supervision of I.B. s -Joint Task Force (Between B.D.L. and B.C.C.L.) specialized in Islamic Banking that sets the Legal and regulatory framework of the I.B. Activities ( Mainly: Capitalization, Provisionning, Risk Management Approach, Int. / Ext. / Sharia a Audit etc ) - On Site Examination Team, specialized in Sharia a Compliant Banking Transactions. - B.D.L. and B.C.C.L. are in the process of preparing a Consolidated Balance Sheet between a Conventional Bank and an Islamic Bank, that respects IAS/IFRS as well as IFSB/AAOIFI Standards: * Because some Lebanese Conventional Banks have an Islamic Subsidiary in Lebanon * Some others have an Islamic Subsidiary abroad 15

Liquidity Management In I.B. s In addition to the methodology of Management of Liquidity in Conventional Banks, many specific ratios are used to measure the liquidity in I.B. s; the most used by the I.I.R.A. (Islamic International Rating Agency) are: LR (1) = Liquid Assets (a) Liquid Liabilities (b) LR (2) = Liquid Assets Total Liabilities 16

Liquidity In I.B. s LR (3) = Loans Core Funding (c) LR (4) = Interbank Borrowings Total Assets 17

Definitions of Liquidity Elements (a) Liquid Assets of I.B. s = Cash + Cash Equivalent +Placements with Banks & F.I. s +Liquid Investments (b) Liquid Liabilities in I.B. s = Deposits + Borrowings from Bank & F.I. s (c) Core Funding in I.B. s = Deposits + Capital Investments in Affiliates Investments in Fixed Assets Large Deposits (> 5% of Equity) Reserves with Central Banks 18

Liquidity In I.B. s In a recent study (published in 2009), made by 4 experts on the Financial Performance of Malaysian I.B. s v/s Conventional Banks, the authors reached the following conclusion: Average of Net Loans to Total Assets ratio for Islamic banks stood at 45.2%, which is lower than Conventional banks (57.1%). This means that Islamic banks are more liquid than Conventional banks. The Financing to Deposit Ratio for Islamic banks (49.2%) is lower than Conventional banks (68.1%) by 18.9%, this indicates that Islamic banks are more liquid than Conventional banks. 19

Liquidity In I.B. s Looking at these ratios, we could say that Islamic banks seem to have better liquidity ratios in comparison to Conventional banks. According to Haron (2004) Islamic banks experienced excess liquidity given the lack of Islamic Financial Instruments in the market for the Islamic bank to invest in. Besides, the lower assets tied to net loans of Islamic banks compared to Conventional banks which resulted in higher liquidity may be due to the stringent financing policy (i.e. must comply with Shari a unlike the Conventional banks). 20

Comparative Liquidity in I.B. s v/s C.B. s (Malaysia) Liquidity I.B. s C.B. s Net Loans / Tot Assets 45.2 57.1 Net Loans / Dep & ST Funding 49.2 68.1 Net Loans / Tot Dep & Borrowings 48.8 66.0 Liquid Assets / Dep & ST Funding 45.1 30.4 Liquid Assets / Tot Dep & Borrowings 44.7 28.5 21

3 Liquidity Ratios (in I.B. s) Level 1 (on-b/s) =(Cash + Central Bank + Nostro Banks + Murabaha with Central Bank + Murabah with Banks (B/S) - Vostro Banks -Banks Unrestricted investment accounts) / (current accounts including margins on LC's & Hamish Jaddiyya + Sundry Creditors) Level 2 (on-b/s & off- B/S unrestricted murabaha with banks) = (Cash + Central Bank + Nostro Banks + Murabaha with Central Bank+ Murabah with Banks (B/S) + Murabaha with Banks unrestricted-vostro Banks -Banks Unrestricted investment accounts) / (current accounts including margins on LC's & Hamish Jaddiyya + Sundry Creditors + Unrestricted Investments Accounts + Profits to be distributed on unrestricted investments accounts) Level 3 (on-b/s & off-b/s unrestricted & restricted murabaha included) = (Cash + Central Bank + Nostro Banks + Murabaha with Central Bank + Murabah with Banks (B/S) + Murabaha with Banks unrestricted+ Murabah with Banks Restricted-Vostro Banks -Banks Unrestricted investment accounts -Restricted Wakala (banks)) / ( current accounts including margins on LC's & Hamish Jaddiyya + Sundry Creditors + Unrestricted Investments Accounts + Profits to be distributed on unrestricted investments accounts + restricted Investments Accounts + profits to be distributed on restricted investments accounts)) 22

Challenges Facing the Development of I.B. 1) Shari a Arbitrage: as the Regulator / Supervisor is not in a position to assess the suitability of the different scholars consulted by the Islamic Banks. However the references are the I.F.S.B. (Islamic Financial Services Board) Principles and the AAOIFI Standards 2) Absence of Capital Adequacy Standard: for I.B s )Basel II & Basel III) 3) Human Resources: There is a shortage of experienced professionals in the Islamic Financial Sector. This needs more education and trainings. 4) Contracts & Documentation Risk: Equivalent to the Legal Risk in Conventional Banks. If a transaction reveal to be Shari a non compliant, the Asset can be converted into liability in the Islamic Banks B/S (in addition to the Zakat Penalty) 5) Reputational Risk. Mainly due to lack of transparency or to wrong presentation of the Islamic products and services and their underlying risks. P.S. The B.C.C.L. Try to apply the Risk Identification, Assessment and Quantification in I.B. s under the Pillar II. 23

List of Most Important Islamic Banking Rules in Lebanon BDL Circular # 94, dated August 2004: Practice of Islamic Banking in Lebanon BDL Circular # 95, dated August 2004: Conditions of Establishment of an I.B. in Lebanon BDL Circular # 96, dated October 2004: MURABAHA BDL Circular # 97, dated January 2005 & BCCL Circular # 246 :MUSHARAKA (or MUSSAHAMA) BDL Circular # 98, dated June 2005: Islamic Collective Investment Schemes 24

List of Most Important Islamic Banking Rules in Lebanon BDL Circular # 99, dated June 2005 & BCCL Circular # 247: IJARAH & IJARAH MUNTAHIA BITTAMLEEK BDL Circular # 100, dated July 2005 & BCCL Circular # 249: MUDARABA BDL Circular # 101, dated December 2005 & BCCL Circular # 253 : BAI SALAM BDL Circular # 102, dated December 2005 & BCCL Circular # 254: ISTISNAH 25

List of Most Important Islamic Banking Rules in Lebanon BDL Circular # 107, dated February 2007: I.B. Financial Statements BDL Circular # 112, dated September 2007: Corporate Governance in I.B. BDL Circular # 116, dated May 2008: Capital Instruments in I.B. BDL (Intermed.) Circular # 163, dated May 2008: Islamic Financial Products BDL (Intermed.) Circular # 178, dated July 2008: Limit for I.B. s lending to their Affiliates P.S: Central Bank Website: www.bdl.gov.lb Website: www.bccl.gov.lb 26

Discussion E Mail: amawad@bccl.gov.lb 27