Transcript Slide 0

A Briefing on Bahrain’s
Approach in Islamic
Finance
Khalid Hamad
Executive Director – Banking Supervision
Central Bank of Bahrain
Rome, 11 November 2009
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Bahrain Financial Sector in Brief
Contribution to GDP: 25% (US$10.9 bn growth 6.5%)
License Type
Conventional
Islamic
Total
Retail Banks
26
6
32
Wholesale Banks
57
21
78
Rep. Offices
33
4
37
Investment Business
40
9
49
Insurance Bus.
57
18
75
Finance Companies
6
3
9
Ancillary Services
103
1
104
Moneychangers
19
-
19
Stockbrokers
6
-
6
Trust Service Provider
3
-
3
350
62
412
Total assets $bn
200.7
26
226.7
Manpower
7019
2734
9753
Total licensees
Islamic Windows
Over 30
Capital Market
Stock Market capitalization
US$16.9 billion
6 Brokers, 51 Listed Companies
37 Mutual funds & 20 Sukuk
Funds Industry
2,751 Authorized Funds
NAV US$9.1 billion
Local Funds 138
NAV US$ 5.2 billion
Islamic 100
Conventional 2651
Foreign Funds 2,613
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Well Tested Regulatory Framework
Single Regulator
with 40 yrs
experience
Availability of
skilled resources
Supportive
Monetary
Operations
Comprehensive
Regulatory
Framework
Host of AAOIFI,
IIFM & CIBAFI
CBB
Specific Dispute
Resolution Court
Fund for
Research and
Training
HR Development Fund
Taking the Lead in Islamic Financial Services
Decentralised Shari’a Compliance Approach
Introduced Islamic
Finance in 1978
Islamic Banking
Regulatory Framework
Dedicated
training centre
on Islamic
Finance
Applied Islamic
version of Basel II
in Jan 2008
Takaful Regulatory
Framework
CBB
Shari’a Compliant
Repo (2009)
Trust Law &
Funds Regulation
Regular Sukuk Issuer since 2001
Islamic Finance
Concept &
Model
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Islamic finance is based on the prohibition of
• Usury
• Uncertainty
• Speculation or Gambling
• Transaction involving Arms, Pornography, Alcohol and Illegal
Drugs
4 main types of contracts involving deferred sale or leasing of
underlying asset
• Trade (buy & sell), e.g. Murabahah
• Fund mgt (isterbah), e.g. Mudharabah
• Musharakah (Joint venture)
• leasing (Ijara)
On Financing activities: always asset backed, except “Qardh hasan”
(interest free loan)
On Investment activities: Client/ Bank relationship is based on “Profit
Sharing” OR “Profit Sharing & Loss Bearing”
• Mudharabha or Agency concepts (Fiduciary Relationship)
Current account is based on “Qardh hasan” concept
Three Books Model
• Own Funds
• Unrestricted Investment Accounts (On balance sheet)
• Restricted Investment Accounts (Off balance sheet)
Regulatory Framework
The CBB is the Single Integrated Regulator of Bahrain Financial
Services Industry Since 2002 supported by the issuance of the
new CBB law in 2006
Rule-based prudential requirements
and clearly defined regulated
activities
V1
Conventional
Banks
V6
Capital
Market
V2
Islamic
Banks
CBB Rulebooks
V5
Ancillary
Services
V3
Insurance
Takaful
V4
Investment
Business
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Regulatory Framework
Prudential
Regulations
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Licensing Requirements
• Definition of Regulated Islamic finance services
• Definition of Deposit Vs Investment
Based on
Basel, IFSB &
FATF
Standards
•
Governance Requirements
• Controllers Requirements on
• Major Shareholders
• Fit & proper tests on Board and senior management
• Composition of Boards and its sub-committees
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•
Shari’a Compliance Requirements
• Minimum of three persons Shari’a Supervisory Board
• Internal Shari’a Reviewer
Capital Adequacy Requirements (Basel II)
• Credit risk (different RWs for different Islamic contracts)
• Market risk (securities price risk and commodities risk)
• Operational risk
• Displaced commercial risk (applying conversion factors for
assets financed by URIA)
• PER & IRR are part of capital base
• Applying 200% RW on holding of real estate
Regulatory Framework
Prudential
Regulations
Based on
Basel, IFSB &
FATF
Standards
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Risk mgt requirements
• Credit, market, operational & liquidity risks
• Specific consumer finance requirements
• Requirements on risk concentration
• Prohibition on investing in or financing major
shareholders
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Regulatory Compliance requirements
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Business & Market Conduct requirements
• Selling practices requirements
• Code on Best Practices on Consumer finance &
Charges
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Financial crime regulations
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Detailed quarterly and annual public disclosure
requirements
• Detailed disclosures on IAH funds
• Detailed Basel II disclosures
• Quarterly public reporting
•
Enforcement requirements
Regulatory Framework
Actg & Auditing
Standards
Based on
AAIOFI & IFRS
Standards
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6 Governance standards covering
• Shari’a supervisory board
• Internal & external Shari’a review
• Audit & governance committee
• Governance principles, etc..
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27 Islamic Accounting standards (Complimenting IFRS)
• Accounting treatments of main Islamic finance
contracts
• Disclosures
• Treatment of investment accounts holders
• Takaful
• Consolidation
• Fair value
• Islamic windows, etc..
Regulatory Framework
Actg & Auditing
Standards
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5 Auditing standards covering (complimenting ISA)
• objectives & principles
• auditors’ responsibility
• terms of engagement
• auditors’ report
• testing for compliance with Shari’a, etc..
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2 Ethics standards
• Staff Code for Islamic financial institutions
• Code for auditors and accountants
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30 Shari’a standards
• Covering all Islamic financial services contracts
Based on
AAIOFI & IFRS
Standards
Recent Regulatory Initiatives
Compliance
Roadmap
Shari’a Trainee
Upgrading
Compliance &
Risk Mgt
Guide on
Regulatory
Compliance
Risk Mgt
Assessments
By 3rd Party
HR Development Initiatives
Partnership with
Industry
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Bahrain Institute of Banking & Finance (BIBF)
• Various qualifications on accounting (CPA, CMA, Charted),
risk management, CFA, Series 7, capital market, ICA, Sharia
audit and compliance, etc..
• Master degree & Diploma on Islamic finance
• Diploma in insurance/ Takaful & conventional finance
• Advanced Diploma on Islamic jurisprudence
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Bahrain Insurance Institute
• Various Insurance & investment qualifications
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CIPA & ISR by AAIOFI
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Human Resources Development Fund
• Offering scholarships for obtaining qualifications
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Waqf Fund financing training development & research
• Upgraded BIBF Islamic finance diploma
• Partnership with university to upgrade Shari’a studies
• Introducing Shari’a ethics principles program
• Graduate sponsorship program
• Established research panel to mentor researchers
Main Monetary Policy Challenges
Integration
Exercise
1. Money is not a commodity in Shari’a leading to difficulties in
setting up
• Monetary operations, and
• Money market
2. Absence of a reference profit rate
• Is it possible to use commodity prices?
3. Inadequate sukuk and other Shari’a compliant instruments
• Most IFIs are not ready to issue financial instruments
• Small market size
• Legal & tax issues
• Few countries issuing sovereign sukuk
4. Most central banks do not solicit shari’a compliant funds
given that they are generally not allowed to engage in
commercial trades
This leads us to the necessity of integrating Islamic finance
tools into the overall monetary operations rather than
conducting a separate
Bahrain’s Monetary Policy
Tools for Islamic Finance
Dual
System
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National Shari’a Supervisory Board
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Parliamentary decision to restrict government borrowing thru
sukuk only
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Regular issuance of S/T and L/T Sukuk since 2001
• 3 mths Alsalam sukuk ( $ 48 mn ) dinar based
• 6 mths S/T Ijarah sukuk ( $ 80 mn ) dinar based
• 6 issues with different maturities (3 – 10 yrs)
• L/T Ijarah sukuk ($830mn)
• L/T Ijarah sukuk ($ 828 mn) dinar based
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Shari’a compliant REPO in 2009
• Based on non obligatory promise concept (Wa’ad)
• Must involve the Central Bank
• Based on outright sale contract
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Provides IFIs with liquidity through commodity murabaha
• Thru money market, or
• Financial support against pledge on financial instruments
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Interest free cash reserves requirements
Thank You.