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IIFM Newsletter, March 2017 Issue 1
IIFM Newsletter, March 2017 Issue 1
IIFM Newsletter, March 2017 Issue 1
IIFM Events
At a Glance
Page 8 - 12
IIFM Today
n Awards & Recognition Delivering on Promise
n IIFM Specialized Events 2015-16
n Memorable Moments 2013-14 The International Islamic Financial Market (IIFM) has positioned itself as a key standard-setting organization for
the Islamic financial services industry, focusing on standardization of Islamic financial contracts and product
Upcoming Events 2017 Page 12 templates currently relating to the Capital & Money Market, Corporate Finance and Trade Finance segments.
The IIFM mandate of publishing standardized Islamic financial contracts and products will also cover other
Islamic segments particularly Islamic Retail, Takaful and SME segments which is part of IIFM Board’s ongoing
strategic planning. However, such initiatives need to be based on the Islamic finance industry requirements
Editorial Team and recommendations. IIFM plays an important role in market unification by introducing best practices at
Ijlal Ahmed Alvi global level and achieving Shari’ah harmonization through its efforts for the creation of a robust, transparent
Dr. Ahmed Rufai and efficient Islamic finance industry. IIFM also contributes in creating industry awareness by organizing
Usman M. Naseer
specialized seminars and workshops as well as publishing research reports and papers. (Continued on page 6)
Sharaf Khawaja
IIFM Standards the-counter Islamic hedging products and
(Continued from page 1) IIFM Paper on EMIR credit support documentation.
and Dodd-Frank Act on TMA is a framework document that provides
Islamic Credit Support wider Shari’ah acceptability as well as
Documentation (ICSD) Derivatives & its Impact innovation such as index based close-out
In view of the growing global regulatory on Islamic Hedging mechanism, unilateral Wa’ad concept and
developments and requirements that hedging Products other legal and Shari’ah provisions for privately
and derivative transactions be entered into negotiated and widely accepted Islamic
on a collateralized basis (i.e. Variation Margin
In the aftermath of the hedging products. The TMA is designed to
requirements for all financial institutions), the global financial crisis G20 provide a legal framework and to facilitate
Islamic finance market has been indicating governments set out on an the risk mitigation function of Islamic financial
that the next standard documentation that institutions and other institutions including
would contribute to market development
ambitious regulatory reform corporates.
would be Islamic credit support, or agenda to reduce systemic Under the TMA, two sets of Islamic Profit Rate
collateral documentation. Hence, IIFM is risk in the financial markets Swap (IPRS) templates (four schedules in total)
currently finalizing the Islamic credit support have been published as follows:
documentation that would sit alongside the
with special emphasis on
Tahawwut (Hedging) Master Agreement (TMA) over-the-counter derivative 2. Islamic Profit Rate Swap Standard
and its product templates, before the resolution market. - Single Sale Wa’ad Structure
in this matter takes effect in March 2017. The Islamic Profit Rate Swap (IPRS) Template,
This will allow the parties (i.e. Islamic financial Single Wa’ad Structure is used where only one
Full document is available to IIFM members
institutions, etc.) to enter into such transactions on request party who is the buyer grants the Wa’ad in
on a collateralised or secured basis. favor of the other party.
This new Islamic credit support documentation well as at standard development stage which is In its efforts to accelerate the use of TMA,
standard will be in addition to the TMA and currently in progress. IIFM and ISDA published IPRS, the first
its associated product standard documents The ICSD is being prepared based on security or standard Islamic hedging product Standard
for Profit Rate Swaps, Islamic Cross Currency charge over cash collateral concept as the first Template. The IPRS provides the industry
Swaps and Islamic FX Forward based on Wad or immediate initiative to ensure that financial access to robust and well developed product
(Two Unilateral and Independent Wa’ad based institutions as well as corporates are facilitated documentation under the Tahawwut Master
and Single Binding Wa’ad based Structures). to continue trading with counterparties who will Agreement and also includes a product
Historically, the demand for collateral documen- become subject to the new regulatory Variation description for guidance purposes. It provides
tation has been driven by the desire to provide Margin requirement being imposed by European protection to Islamic financial institutions’
assistance in the management of credit risk. & North American regulators from March 2017 balance-sheet from wide swings in fixed and
More recently, the demand has been amplified where the Islamic institutions active in Islamic floating profit rates for Islamic capital market
by imminent regulatory changes, which may Hedging segment will be directly impacted. instruments particularly Sukuk.
initially be driven by regulatory proposals in Eu- While in due course, other collateral such as
rope and the US. These are, nevertheless, part Sukuk and legal mechanisms for creating 3. Islamic Profit Rate Swap Standard
of a worldwide regulator response to the global collateral may be considered subject to market - Two Sale Wa’ad Structure
financial crisis, which are expected to be imple- requirements. Another set of Islamic profit Rate Swap (IPRS)
mented by all G20 countries. Islamic hedging Standard Templates that are Wa’ad based
standards are Jointly published in association Islamic Hedging Standards involve a Two Sales structure.
with ISDA and fall under the existing IIFM prac- These standards are developed as per existing Two Wa’ad Structure where each of the
tice and innovation strategy. IIFM and ISDA market practices as well as on innovative basis. parties grants a unilateral Wa’ad in favor of the
have been exploring, through market consulta- IIFM, in association with ISDA, has published a other party, and a party’s right to exercise the
tions, the right collateral documentation that is total of six Standards so far related to Islamic other party’s Wa’ad is subject to an exercise
workable and acceptable by the industry. hedging segment as follows: condition being satisfied on the exercise date.
The conclusion was around the most workable Each Wa’ad carries a different trigger condition
and immediate solution, i.e. a charge or 1. Tahawwut Master Agreement and therefore do not constitute a contract.
security document (referred to sometimes as a Standard The availability of both versions of the
credit support deed) with the collateral asset The Tahawwut (Hedging) Master Agreement IPRS standards is in response to Shari’ah
being the cash component. It is worth noting (TMA) was published in association with ISDA, preferences by some market participants
the invaluable guidance and support of all which marked the introduction of the first for each party’s Wa’ad to be separately
Scholars involved in the consultation process as globally standardized documentation for over- documented as well as a reflection of the use
4. Islamic Cross-Currency Swap It is an honor and privilege for IIFM to present its inaugural issue
Standard of the Newsletter to the Islamic financial services industry. The
The Islamic Cross Currency Swap (ICRCS) Newsletter is specifically designed to stay in touch with IIFM
Standard Template was published as the member institutions and the Islamic financial industry at large.
second hedging product Standard Template Our objective is to keep the IIFM member institutions
under the Tahawwut Master Agreement. ICRCS informed about IIFM standardization efforts as well as to
enables financial institutions and other market offer the industry relevant information on IIFM’s initiatives and
participants to manage risk in transactions its contribution in the development of the industry through
exposed to fluctuations in currencies and rate- its documentation and products standards whether under
of-return mismatches. The ICRCS Standard development, consultation or published as well as research papers and other such
Template also includes a product description initiatives.
for guidance purposes. The standardization of Islamic financial contracts and products, the area of IIFM mandate,
involves key components particularly market practices, legal and Shari’ah.
Islamic Foreign Exchange Forward In this newsletter, you will find useful educational information on IIFM services and initiatives,
Standard: events, industry news, Sukuk updates and some flashbacks of IIFM’s yesteryears.
Two versions of the Islamic Foreign Exchange In this first issue we have included important information on a new regulatory requirement
Forward (IFX Forward) standard templates of Variation Margin on certain transactions where Islamic financial institutions, including
have been published and the objective of IFX large corporates, need to have proper documentation (soon to be published ISDA/IIFM
Forward is to mitigate currency rate volatility ICSD Standard) and arrangements in place to comply with this regulation.
and fluctuation especially under present global Lastly, we want this newsletter to be valuable to the readers, and I look forward to receiving
economic uncertainties. your valuable comments and suggestions.
Any transaction where one party will perform to A is ascertained, B’s obligation to transfer support assets but it does involve the grant of
its obligations in the future carries credit risk those assets is converted into an obligation to security over the credit support assets.
i.e. the risk that such party will not be able to pay cash, and that cash obligation is then set In many funding transactions, the funding is
perform its obligations when it comes to time off against the net obligation of A to B. So if provided for the acquisition of an asset and
to perform, leading to loss for the counterparty. the net obligation of A to B is 10 and the credit often that asset can be used as collateral or
In financial market transactions such as support assets are valued at 12, by netting off credit support through the taking of security
hedging transactions using a framework or 10 and 12, you are left with B now owing 2 to over it. Particularly in a financial market
master agreement i.e. Tahawwut Master A, and B has therefore eliminated its credit risk. context, a security arrangement will not be
Agreement (TMA), both parties may have Because the value of the sorts of assets practical unless the security is easy and quick
ongoing or mutual obligations, meaning that used as credit support in financial market to take over the credit support asset and the
each party is potentially taking credit risk on transactions tends to fluctuate regularly, such security is easy and quick to enforce.
the other. There are two usual methodologies credit support arrangements usually include
for credit risk mitigation in the context of so called margin maintenance requirements, Two issues arise:
transactions under a TMA: that is a determination of the net value of 1. First, when security is being taken on a
the obligations and of the value of the credit cross border basis, the interplay of the
1. Utilising the value of the mutual support assets is regularly effected so that the different laws involved can make either
obligations (or netting) value of credit support can be increased or or both of the taking of security and the
Netting works by incorporating a mechanism decreased as required to stay in line with the enforcement of security complicated;
whereby all obligations are terminated or net value of the obligations.
accelerated and then set off to give a single 2. Second, knowing what laws (and thus
net obligation between the parties. Islamic Credit Support procedures) to comply with in order to take
To be effective, this mechanism needs to be and enforce the security can be difficult to
one that is valid and recognised in the
Documentation determine, particularly because the laws
defaulting party’s insolvency (hence the need In this case, the regulatory relating to taking and enforcing security
Currently in GCC only Bahrain, DIFC (Dubai) development is the tend to be laws relating to property
and Abu Dhabi Global Market have introduced (security being a form of property right)
legislation relating to close-out netting.
requirement that all and in the case for example of securities
The other OIC countries which have close- bilateral hedging and held through an electronic system like
out netting legislation are Malaysia, Turkey derivatives transactions euroclear or clearstream knowing which
while countries like Indonesia, Pakistan may country’s property law applies can be
introduce legislation in coming years
must be entered into on a difficult to determine.
collateralised basis Regulatory reform requirements such as
2. Credit support arrangements those originating from the G20 meeting
Please refer to detailed writeup on page 1&2
Credit support arrangements also usually in Pittsburgh or from BCBS – IOSCO or
work in one of two ways: 2.2 Security arrangements under Basel III or EMIR are all increasingly
The alternative credit support method is the making the taking of credit support
2.1 Transfer of title grant of security. For example, if the net value an essential requirement for all banks
A transfer of title credit support arrangement of A’s obligations to B is 10 then, to provide including Islamic financial institutions. For
(which in conventional transactions is usually credit support, A grants security over 10 worth example, where credit support is not taken,
documented using a CSA or credit support of assets (e.g equities or sukuk) to secure regulatory requirements may prohibit entry
annex) involves one party (A) (the credit its liability. If A defaults, the net obligation is into particular types of transactions.
support provider) transferring ownership of determined and if A has a net obligation to B, It is therefore becoming imperative and
assets to B (the credit support receiver). B B can enforce or realise its security over the urgent to develop practical methodologies
then has an obligation to transfer equivalent secured assets. Again margin maintenance (where necessary supported by legislation)
assets to A. If A defaults, the single net value of provisions can be included to maintain the which will allow Islamic financial institutions
the obligations between A and B is calculated value of the credit support assets relative to the to begin taking, providing and, where
as described above. Then the value of the net obligation. This method does not therefore necessary, enforcing credit support in a
equivalent assets that B is obliged to transfer involve the transfer of ownership of credit practical manner.
issuances.
Table 2: Domestic Sukuk issuances 84,490
80,570
The estimated issuances as of Oct 2016 works
out to be USD 42 bio versus full year 2015 49,027
42,000
issuances of USD 39.8 bio which translate into 36,182 39,813
30,904
growth of 7.6%. 21,755 22,127
10,286
Table 3: International Sukuk Issuances 6,962
747 191 5,327
The estimated issuances as of OCT 2016
2001 2002 2003 2005 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Est as of
works out to be USD 26.7 bio versus USD Oct 16
ISDA/IIFM Consultative
Meeting on Islamic Credit
Support Arrangement
hosted by Bahrain
Economic Development
Board on 15th October
2015, Bahrain.
IIFM-IRTI-SBP Joint
Workshop on Islamic
Hedging and Liquidity
Management, 6th October
2015, Karachi.
ICMA-IIFM Workshop
on Master Collateralized
Murabahah Agreement,
6th February 2015, London.
Memorable Moments
2013 & 2014