Islamic Financial Architecture and Infrastructures: Development and Challenges Tariqullah Khan IRTI-GDLN World Bank Lecture, April 7, 2009 Outline 1. Overview of International Financial Architecture 2. Defining Islamic Financial Architecture and Infrastructures 3. Building Blocks of Islamic Financial Architecture 4. Lessons drawn from Global Financial Crisis 5. Building Blocks of Islamic Financial Infrastructures 6. Development: Challenges, Institutions and Initiatives Definition of financial architecture Financial architecture is …. the 1) institutions, 2) markets, and 3) practices that governments, businesses, and individuals use when they carry out economic and financial activities. IMF (2000) - “Reforming the International Financial Architecture – Progress Through 2000” Purpose: Enhancing financial sector development & performance and strengthening macroeconomic growth and stability Pillars of Financial Architecture Pillar-1: Objectives of financial architecture Pillar-2: Specialization of standard setting and infrastructure development institutions Pillar-3: Functional relationships between specialized stakeholders Pillar-4: Assessment and monitoring Pillar-1: Objectives 1. Detecting and Monitoring External Vulnerabilities 2. Strengthening Financial System Performance and Stability 3. Observance of International Standards and Codes 4. Capital Account Issues 5. Pursuing Sustainable Exchange Rate Regimes 6. Involving the Private Sector in Forestalling and Resolving Crises 7. Measures to Increase Transparency 8. Reform of IMF Financial Facilities and Related Issues (IMF 2000) Pillar – 2: Specialized functional areas of standard setting and infrastructure development institutions Specialized Standard Setting Bodies Basel Committee for Banking Supervision (BCBS) International Organization of Securities Commissions (IOSCO) International Association of Insurance Supervisors (IAIS) Multilateral Institutions World Bank International Monetary Fund Regional Banks Financial Stability Forum (Board) Pillar-3: Functional Relationships between specialized entities Chart 1 International Financial Architecture Basel G7/G10 IOSCO IAIS Other Industrial Countries Developing Countries IMF Development Banks International Monetary and Financial Financial Committee; Stability Development Committee; Forum G-7/G-10; IMF, World Bank Executive Boards Evans, Huw (2000): “Plumbers and Architects: A Supervisory Perspective on International Source: Evans (2000, p.27) Financial Architecture”, Financial Supervisory Authority Occasional Paper Series No. 4; January Pillar – 4: Financial Sector Development & Performance Assessment 1. Financial Sector Assessment Program (FSAP) of IMF and World Bank 2. Reports on Observance of Standards and Codes (ROSCs) Coverage includes: • Banking Supervision, • Data Dissemination, • Fiscal Transparency, • Monetary & Financial Transparency Policies Operational nature: •Joint World Bank & IMF character •Voluntary participation •Case-by-case design Components of Islamic Financial Architecture Global Component ↓ International Financial Architecture (IFA) Local Component ↓ National Financial Infrastructures (NFI) Components of International Islamic Financial Architecture Universally acceptable guiding principles of Islamic economics and finance Internationally credible & comparable best practices derived from the guiding principles Individuals & Institutions that set best practices, use them, enforce them and monitor enforcement Cross Border National National Islamic financial infrastructures Legal, regulatory, supervisory, tax and other enabling, support and enforcement facilities, instruments and resources needed for implementation and compliance with the universally acceptable Islamic guiding principles and best practices At the across border level – regional and multilateral institutions, arrangements and facilities for compliance with the universally acceptable Islamic guiding principles and best practices Objectives of International Islamic Financial Architecture (IIFA) 1. Establishing universally acceptable guiding principles for Islamic financial practices 2. Establishing best practices for Islamic financial services in areas of: • Shariah and corporate governance • Corporate ethics and social responsibility • Transparency and disclosures • Risk management • Capital adequacy • Accounting and auditing 3. Narrowing Fiqh Interpretations 4. Common regulatory and supervisory regime 5. Compliance with relevant international best practices Building Blocks of IIFA First Building Block of IIFA: Guiding Principles of Islamic Economics and Finance R u l e s Rules governing prohibitions – Riba, Gharar, Qimar, etc. Consumption, financing, production, and transaction of prohibited items P Principles governing what is permitted - sales, r i financing, investment, trade and commercial n transactions c i N p o Norms guiding good behavior and dealings with l others e r s m s Second Building Block of IIFA: Shariah Standards (Accounting and Auditing Organization for Islamic Financial Institutions - AAOIFI) 1.Trading in Currencies 2. Debit Card, Charge Card and Credit Card 3. Default in Payment by a Debtor 4. Settlement of Debt by SetOff 5. Guarantees 7. Hawala 13. Mudaraba 19. Loan (Qard) 8. Murabaha to the Purchase Orderer 14. Documentary Credit 20. Commodities in Organized Markets 9. Ijarah and Ijarah Muntahia Bittamleek 15. Jua’la 21. Financial Papers (Shares and Bonds) 22. Concession Contracts 27. Indices 23. Agency 6. Conversion of a Conventional Bank to an Islamic Bank 12. Sharika (Musharaka) and Modern Corporations 29. Stipulations and Ethics of Fatwa in the Institutional Framework 30. Monetization (Tawarruq) 10. Salam and Parallel 16. Salam Commercial Papers 11. Istisna’a and 17. Investment Parallel Istisna’a Sukuk 18. Possession (Qabd) 24. Syndicated Financing 25. Combination of Contracts 26. Islamic Insurance 28. Banking Services Third Building Block of IIFA: Accounting Standards issued by AAOIFI 1. Objectives of Financial Accounting for Islamic Banks and Financial Institutions 2. Concepts of Financial Accounting for Islamic Banks and Financial Institutions 7. Disclosure of Bases for 13. Provisions and Reserves Profit Allocation Between Owners’ Equity and Investment Account Holders 8. Equity of Investment 14. General Presentation and Account Holders and Disclosure in the Financial Their Equivalent Statements of Islamic Insurance Companies 3. General Presentation 9. Salam and Parallel and Disclosure in the Salam Financial Statements of Islamic Banks and Financial Institutions 4. Murabaha and Murabaha 10. Ijarah and Ijarah to the Purchase Orderer Muntahia Bittamleek 5. Mudaraba Financing 11. Zakah 6. Musharaka Financing 19. Investment 20. Islamic Financial Services offered by Conventional Financial Institutions 15. Disclosure of Bases for 21. Contributions in Determining and Allocating Islamic Insurance Surplus or Deficit in Islamic Companies Insurance Companies 16. Investment Funds 22. Deferred Payment Sale 17. Provisions and Reserves in 23. Disclosure on Islamic Insurance Transfer of Assets Companies 12. Istisna’a and Parallel 18. Foreign Currency 24. Segment Istisna’a Transactions and Foreign 25. Consolidation Operations Fourth Building Block of IIFA Shariah Governance Standards Standards Issued by AAOIFI 1. Governance 2. Shariah Supervisory Board: Appointment, Composition and Report 3. Shariah Review 4. Internal Shariah Review 5. Audit and Governance Committee for Islamic Financial Institutions 6. Independence of Shariah Supervisor Board 7. Statement on Governance Principles for Islamic Financial Institutions 8. Code of Ethics for Accountants and Auditors of Islamic Financial Institutions 9. Code of Ethics for the Employee of Islamic Financial Institutions Standard Issued by Islamic Financial Services Board “Guiding Principles on Corporate Governance for Institutions Offering Only Islamic Financial Services (Excluding Islamic Insurance (Takaful) Institutions and Islamic Mutual Funds - IFSB-3 - Fifth Building Block of IIFA Prudential guidelines and standards for Islamic financial services 1. IFSB-7: Capital Adequacy Requirements for Sukuk, Securitisations and Real Estate investment 2. IFSB-6: Guiding Principles on Governance for Islamic Collective Investment Schemes 3. Guidance Note In Connection with the Capital Adequacy Standard: Recognition of Ratings 4. IFSB-5: Guidance on Key Elements in the Supervisory Review Process 5. IFSB-4: Disclosures to Promote Transparency and Market Discipline 6. IFSB-3: Guiding Principles on Corporate Governance 7. IFSB-2: Capital Adequacy Standard 8. IFSB-1: Guiding Principles of Risk Management Lessons drawn from global financial crisis & strengths of the IIFA Lesson-1: Incentive structures; replacement of interest with profit sharing introduces fundamental changes in incentive systems Lesson-2: Excessive leverage; strong linkages between financing and real economic transactions controls leverage Lesson-3: Controlling speculation; “don't sell what you don’t own” rule limits speculation Lesson-4: Pyramid of debts; prohibition of sale of debt eliminates debt pyramids Lesson-5: Regulation failure; Shariah supervision reduces the risk of failure of regulation Lesson-6: Social responsibility; Ethical screening of investment opportunities strengthens social responsibility of wealth managers Hence, IIFA has the inherent features and inbuilt characteristics that ensure productive utilization of financial resources and financial stability Pillars of & Building Blocks of Sound Financial Infrastructures Pillars of a sound national financial infrastructure • Pillar I—Macroprudential surveillance and financial stability analysis by the authorities to monitor the impact of potential macroeconomic and institutional factors (both domestic and external) on the soundness (risks and vulnerabilities) and stability of financial systems • Pillar II—Financial system supervision and regulation to help manage the risks and vulnerabilities, protect market integrity, and provide incentives for strong risk management and good governance of financial institutions • Pillar III—Financial system infrastructure: – Legal infrastructure for finance – Systemic liquidity infrastructure – Transparency, governance, and information infrastructure FSAP: A Handbook, Chapter -1 • Pillar IV – Shariah Supervisory Framework and Governance System Building blocks of national Islamic financial infrastructures & challenges of enhancing them Building Block-1: Building Block-2: Building Block-3: Building Block-4: Building Block-5: Building Block-5: Building Block-6: Building Block-7: Shariah Supervisory Systems Legal, Regulatory and Tax Framework Application of AAOIFI & IFSB standards of best practices for the Islamic financial services Supervisory framework Lender of last resort facility & systemic liquidity infrastructure Deposit protection system Human capital Knowledge and professional services Connections & Interactions Between International & Islamic Financial Architecture Areas of Standards Key Agency(s) in the International Financial Architecture International Accounting Standards Board (IASB), International Federation of Accountants (IFAC), Committee on Banking Supervision (BCBS) Financial Action Task Force (FATF) Corresponding Agency(s) in Islamic Finance AAOIFI International Federation of Accountants (IFAC) Committee OECD, Basel Committee, World Bank AAOIFI 5. Data Dissemination 6. Fiscal Transparency 7. Insolvency and Creditor Rights Systems IMF IMF World Bank, United Nations Commission on International Trade Law (UNCITRAL), International Bar Association (IBA) 8. Insurance Regulation International Association of Insurance Supervisors (IAIS) IMF Common Common Not yet addressed but especially critical for Islamic financing as it is based on risk sharing Not yet addressed but within the mandate of IFSB Common 1. Accounting 2. Anti-Money Laundering / Combating the Financing of Terrorism Auditing 3. Banking 4. Corporate Governance 9. Monetary & Financial Transparency Policies 10. Payments Systems 11. Securities Market Regulation Committee on Payment and Settlements Systems (CPSS) International Organization of Securities Commissions (IOSCO) Common IFSB AAOIFI and IFSB Common Not yet addressed but within the mandate of IFSB Islamic Financial Architecture - Challenges of Development 1. Enabling Environment 2. Effective Shariah Supervision and Governance 3. Balancing speed and genuineness 4. Application of AAOIFI and IFSB Standards 5. Safeguarding against systemic risks of conventional system 6. Preventing risk transmission from conventional to Islamic financial institutions 7. Preventing risk transmission within Islamic funding source 8. Systemic liquidity and safety-net infrastructures 9. FSAP and Assessment Issues Institutional Initiatives in developing IIFA # Institution Mode of contribution to IIFA & Infrastructures 1 Islamic Development Bank (1976) 2 The Islamic Research and Training Institute (IRTI) (1981) The Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) (1991) International Islamic Financial Market (IIFM) (2001) The General Council of Islamic Banks and Financial Institutions (GCIBFI) (2001) The International Islamic Rating Agency (IIRA) (2002) The Islamic Financial Services Board (IFSB) (2002) International Islamic Centre for Reconciliation and Commercial Arbitration, (IICRACA) (2005) TA, equity support and collaboration with IFSB, IMF and World Bank & others Research, training & Information services Standard setting and training 3 4 5 6 7 8 Product development and training Product development, training and research Rating services Standard setting and training Dispute resolution References IMF & World Bank, Financial Sector Assessment – A Handbook (http://web.worldbank.org/WBSITE/EXTERNAL/WBI/WBIPROGRAMS/FSLP/0,,contentMDK:206568 85~pagePK:64156158~piPK:64152884~theSitePK:461005,00.html) IRTI/IFSB, IFSI Development: 10 Year Framework and Strategies (http://ibisonline.net/En/Policy_Dialogue/TenYearFrameworkAndStrategies.pdf) Chapra, M.U and Tariqullah Khan, Regulation and Supervision of Islamic Banks, IRTI (http://irtipms.org/PubSearchOutE.asp?lang=e&mode=allwords&search=regulation) Khan, Tariqullah and Ahmed Habib, Risk Management – An Analysis of Issues in Islamic Financial Industry, IRTI (http://irtipms.org/PubDetE.asp?pub=91&search=risk&mode=allwords) Khan, Tariqullah and Muljawan, Dadang, Islamic Financial Architecture: Risk Management, Regulation and Supervision, IRTI (http://irtipms.org/PubSearchOutE.asp?lang=e&mode=allwords&search=regulation) Zubair, Ahmed, Macro Perspectives on Islamic Financial Architecture, Internal IDB Policy Paper Thanks tariqullah.khan@isdb.org http://www.google.com/search?sourceid=navclient&ie=UTF8&rlz=1T4GFRD_enSA306SA306&q=tariqullah+khan