1 of 14
Based on Article 35, paragraph 1 sub-paragraph 1.1 of Law No. 03/L-209 of the Central Bank of the
Republic of Kosovo (Official Gazette of the Republic of Kosovo, No. 77 / August 16, 2010), and
articles 19 and 85 of Law No. 04/L-093 on Banks, Microfinance Institutions and Non-Bank Financial
Institutions (Official Gazette of the Republic of Kosovo, No. 11 / 11 May 2012), the Board of the
Central Bank of the Republic of Kosovo at the meeting held on August 4 2022, approved the
following:
REGULATION ON THE NET STABLE FUNDING RATIO
Article 1
Purpose and scope
- The purpose of this regulation is to ensure the stability of the bank for a longer period of time by
establishing the criteria for the calculation of the net stable funding requirement and the minimum
level of the Net Stable Funding Ratio, to ensure that banks maintain a profile of stable funding in
relation to their assets and off-balance sheet items.
- This regulation shall apply to all banks licensed by the Central Bank of the Republic of Kosovo
(hereinafter: CBK) to operate in the Republic of Kosovo, including branches of foreign banks.
Article 2
Definitions
- Unless otherwise specified, all terms used in this regulation shall have the same meaning as
defined in Law No. 04/L-093 on Banks, Microfinance Institutions and Non-Bank Financial
Institutions (hereinafter: Law on Banks); The CBK Regulation on Banks' Capital Adequacy as
well as the CBK Regulation on the Liquidity Coverage Ratio; and/or according to the following
definitions for the purpose of this regulation:
1.1. Material penalty – includes the loss of interest between the date of withdrawal and the
contractual maturity of the deposit plus a material fine that shall not exceed the interest
payable for the time elapsed between the date of deposit and the date of withdrawal;
1.2. Sight deposit – means all cash deposits which can be withdrawn, without notice, at any time;
1.3. Netting set fair value - the sum of the fair values of all transactions included in that netting
set.
CHAPTER I
2 of 14
NET STABLE FUNDING RATIO
Article 3
Application on a consolidated basis
- In cases where the net stable funding ratio (hereinafter: the NSFR) determined according to this
regulation is applied on a consolidated basis, the following provisions are applied:
1.1. the assets and off-balance sheet items of the subsidiary entity, operating with its main
headquarters in the foreign country, which are subject to the required stable funding factors
(hereinafter: RSF - Required Stable Funding) determined according to the legislation of the
foreign country and that are higher than those specified in Chapter IV of this regulation, shall
be subject to consolidation in accordance with the higher factors determined according to the
legislation of that foreign country;
1.2. liabilities and regulatory capital of the subsidiary entity, operating with its main headquarters
in the foreign country, which are subject to the available stable funding factors (hereinafter:
ASF - Available Stable Funding) determined according to the legislation of the foreign
country and that are lower than those specified in Chapter III of this regulation, shall be
subject to consolidation in accordance with the lowest factors determined according to the
legislation of this foreign country;
1.3. assets of foreign country that are in compliance with the requirements set forth in the CBK
regulation on the Liquidity Coverage Ratio and that are held by the subsidiary entity with the
main headquarters in the foreign country, shall not be recognized as liquid assets for the
purposes of consolidation if these do not qualify as liquid assets according to the legislation
that determines the liquidity coverage requirements of this foreign country.
Article 4
Net stable funding ratio
- The net stable funding requirement shall be equal to the ratio between the amount of bank’s
available stable funding (hereinafter: ASF), as defined in Chapter III of this regulation, to the
amount of bank’s required stable funding (hereinafter: RSF), as defined in Chapter IV of this
regulation, and must be expressed as a percentage. Banks must calculate their NSFR indicator
according to the following formula:
𝐴𝑚𝑜𝑢𝑛𝑡 𝑜𝑓 𝑎𝑣𝑎𝑖𝑙𝑎𝑏𝑙𝑒 𝑠𝑡𝑎𝑏𝑙𝑒 𝑓𝑢𝑛𝑑𝑖𝑛𝑔 (𝐴𝑆𝐹)
𝐴𝑚𝑜𝑢𝑛𝑡 𝑜𝑓 𝑟𝑒𝑞𝑢𝑖𝑟𝑒𝑑 𝑠𝑡𝑎𝑏𝑙𝑒 𝑓𝑢𝑛𝑑𝑖𝑛𝑔 (𝑅𝑆𝐹)
≥ 100%
- Banks shall maintain their stable net funding ratio of at least one hundred percent (100%),
calculated in the reporting currency for all their transactions regardless of the denomination of
their current currency.
- If the bank's NSFR indicator has fallen below one hundred percent (100%), or is reasonably
estimated to fall below one hundred percent (100%), the bank must immediately notify the CBK
and must submit without undue delay a plan to restore compliance with the request from paragraph
3 of 14
2 of this Article. CBK will assess the reasons for the bank's non-compliance with paragraph 2 of
this Article and may take administrative measures according to the Law on Banks.
4. Banks shall calculate and monitor their net stable funding ratio in the reporting currency for all
their transactions, regardless of the current currency they use and separately for each currency for
their transactions in other currencies if reporting in other currencies is in compliance with
guidelines set by CBK.
5. Banks shall ensure that the distribution of their funding profile by currency is broadly consistent
with the distribution of their assets by currency. The CBK may require banks to limit currency
mismatches by defining limits on the portion of stable funding required for a particular currency
that can be met by available stable funding that is not denominated in that currency. This limitation
can only be applied to a currency that is subject to special reporting in accordance with guidelines
set by CBK.
6. In determining the level of any limitation on currency mismatches that may be used in compliance
with this article, the CBK shall consider at least:
6.1. whether the bank has the ability to transfer available stable funding from one currency to
another currency and across jurisdictions and legal entities within its group as well as the
ability to swap currencies and raise funds from foreign exchange markets during the one-year
period of the net stable funding ratio;
6.2. the impact of adverse exchange rate movements on existing mismatched positions and the
effectiveness of any foreign currency exchange hedges in place.
CHAPTER II
GENERAL RULES FOR THE CALCULATION OF THE NET STABLE FUNDING RATIO
Article 5
Calculation of the net stable funding ratio
- Unless otherwise specified in this regulation, banks shall take into account the gross value of their
assets, liabilities and off-balance sheet items during the calculation.
- For the purposes of calculating their NSFR indicator, banks shall apply the appropriate stable
funding factors, defined in Chapters III and IV of this regulation, to the book value of their assets,
liabilities and off-balance sheet items, unless defined otherwise in this regulation.
- Banks should not double count the amount of required stable funding (RSF) and the amount of
available stable funding (ASF). Unless otherwise specified in this regulation, when an item can be
allocated to more than one category of RSF, this item must be allocated to the category of RSF
from which derives a longer contractual stable funding obligation required for that item.
Article 6
Derivative Contracts
4 of 14
- Banks shall apply this article to calculate the RSF amount for derivatives contracts as defined in
Chapters III and IV of this regulation.
- Banks shall take into account the fair value of derivative positions according to the net basis where
these positions are included in the same netting set. Where the former requirement of this
paragraph is not applicable, then banks shall take into account the fair value of the derivative
positions on a gross basis and must treat those positions as if they belonged to their own netting set
for the purposes of Chapter IV of this regulation.
- All derivative contracts listed in sub-paragraphs 2.1 to 2.5 of Annex II of this regulation, which
include the full exchange of principal amounts on the same date must be calculated on a net basis
between currencies, including the currency that is subject to separate reporting, even when those
transactions are not included in the same netting set.
- Cash accepted as collateral to reduce the exposure of the derivative position must be treated as it is
and must not be treated as a deposit as defined in Chapter III of this regulation.
Article 7
Netting of securities-financed transactions and capital markets-based transactions
- Banks may calculate the exposure value of cash receivables and cash payables in securitiesfinanced transactions with the same counterparty on a net basis only when all the following
conditions are met:
1.1. transactions have the same final settlement date;
1.2. the right to settle the amount owed to the counterparty with the amount the counterparty owes
is legally enforceable in the normal course of business as well as in cases of failure,
insolvency and bankruptcy;
1.3. the counterparties intend to settle on a net basis or settle simultaneously, or the transactions
are subject to a settlement mechanism that results in a function that is equal to net settlement.
CHAPTER III
AVAILABLE STABLE FUNDING FOR CALCULATING THE NSFR INDICATOR
SUB-CHAPTER I
GENERAL PROVISIONS
Article 8
Calculation of the available stable funding amount
5 of 14
- Unless otherwise specified in this Chapter, the amount of ASF shall be calculated by multiplying
the accounting value of the various categories of liabilities and capital by the sum of the ASF
factors defined in Subchapter II of this Chapter. The total amount of ASF is the sum of the
weighted amounts of liabilities and equity.
- Bonds and other debt securities issued by the bank, sold exclusively in the retail market, and held
in the retail account, may be treated as if they were part of the appropriate category of retail
deposits. Limitations must be determined by the bank, in order to prohibit their purchase and
retention by customers other than retail customers.
Article 9
Remaining maturity of the liability or regulatory capital
- Unless otherwise specified in this Chapter, banks must consider the remaining contractual maturity
of their liabilities and capital to determine the ASF factors when applying under Subchapter II of
this Chapter.
- Banks shall take into account existing option contracts when determining the maturity of a liability
or its capital. Banks shall also consider assumptions that the counterparty will repurchase the call
options at the earliest possible date. For option contracts exercisable at the bank's discretion, the
bank must take into account reputational factors that may limit the bank's ability not to exercise the
option contract, in particular market expectations that banks must repurchase certain liabilities
before their maturity.
- Banks must treat deposits with a fixed notice time according to this fixed notice time and must
treat time deposits in accordance with the remaining maturity. Excluding paragraph 2 of this
Article, banks shall not take into account the possibility of early withdrawal even when the
depositor must pay a material penalty due to early withdrawals that occur within a period of one
(1) year.
- To determine the ASF factors that must be applied under Subchapter II of this Chapter for
liabilities with a remaining contractual maturity of one year or more, any portion that matures in
less than six (6) months and any portion that matures from six (6) months to one (1) year should be
treated as remaining maturity for less than six (6) months as well as remaining maturity for six (6)
months to less than one (1) year, respectively.
SUB-CHAPTER II
AVAILABLE STABLE FUNDING FACTORS
Article 10
Zero percent (0%) ASF factor
- Unless otherwise specified in this Subchapter, all liabilities that do not have a defined maturity,
including short positions and open maturity positions, are subject to a zero percent (0%) ASF
factor, except for:
1.1. deferred tax liabilities, which must be treated according to the closest date on which such
liabilities can be realized;
6 of 14
1.2. Minority interest, which must be treated according to the duration of the instrument in
question.
2. Deferred tax liabilities and minority interest defined in paragraph 1 of this Article are subject to the
following factors:
2.1. zero percent (0%) when the remaining effective maturity of the deferred tax liability or
minority interest is less than one (1) year; and
2.2. one hundred percent (100%) when the effective remaining maturity of the deferred tax
liability or the minority interest is one (1) year or more.
3. The following liabilities are subject to the zero percent (0%) ASF factor:
3.1. payables according to the trading date arising from purchases of financial instruments, foreign
currencies and commodities, which are expected to be settled within the standard settlement
cycle or period that is normal for the relevant exchange or type of transaction, or which have
failed to be repaid but are expected to be repaid;
3.2. liabilities with a remaining maturity of less than one (1) year provided by:
3.2.1. CBK;
3.2.2. European Central Bank (ECB) or Central Bank of a foreign country;
3.2.3. Financial clients;
3.3. any other liability and capital item or instrument that is not defined in this article or articles 11
to 14 of this regulation.
4. Banks shall apply the zero percent (0%) ASF factor to the absolute value of the difference, if it is
negative, between the sum of the fair values of all netting sets with positive fair value and the sum
of the fair values of all netting sets with the negative fair value calculated according to Article 6 of
this regulation.
5. The following rules must be applied during the calculation referred to in paragraph 4 of this article:
5.1. variation margin that banks have received from their counterparties must be deducted from the
fair value of the netting set with the positive fair value when the collateral received as the
variation margin qualifies as a Level one (1) asset, defined in the CBK regulation on liquidity
coverage ratio, and when banks have the legal and operational right to reuse that collateral;
5.2. all variation margins posted by banks to their counterparties will be deducted from the fair
value of the netting set with the negative fair value.
Article 11
Fifty percent (50%) ASF factor
- The following liabilities shall be subject to the fifty percent (50%) ASF factor:
1.1. accepted deposits that meet the criteria for operational deposits, defined in Article 21 of the
CBK Regulation on the liquidity coverage ratio;
1.2. liabilities with remaining maturity of less than one year offered by:
1.2.1. Government of the Republic of Kosovo or Central Government of a foreign country;
7 of 14
1.2.2. Regional governments or local authorities of a foreign country;
1.2.3. Public sector entities of the Government of Kosovo or of a foreign country;
1.2.4. Multilateral development banks defined in paragraph 3 of Article 47 and international
organizations defined in Article 48 of the CBK Regulation on Bank Capital Adequacy;
1.2.5. non-financial corporations;
1.2.6. credit unions, private investment companies and clients who are deposit brokers, with
the exception of accepted deposits, which meet the criteria for operational deposits
defined in Article 21 of the CBK Regulation on the liquidity coverage ratio.
Article 12
Ninety percent (90%) ASF Factor
- Sight retail deposits, retail deposits with a fixed notice period of less than one (1) year as well as
time retail deposits with a remaining maturity of less than one (1) year that meet the relevant
criteria for other retail deposits, defined in Article 20 of the CBK Regulation on the liquidity
coverage ratio, shall be subject to the ninety percent (90%) ASF factor.
Article 13
Ninety five percent 95% ASF factor
- Sight retail deposits, retail deposits with a fixed notice period of less than one (1) year, as well as
term retail deposits with a remaining maturity of less than one (1) year that meet the relevant
criteria for stable retail deposits, defined in article 19 of the CBK Regulation on the liquidity
coverage ratio, shall be subject to ninety-five percent (95%) ASF factor.
Article 14
One hundred percent (100%) ASF factor
- The following liabilities, items and equity instruments shall be subject to one hundred percent
(100%) ASF factor:
1.1. Bank’s Tier 1 core capital items before the application of the regulatory adjustments defined
in articles 20, 21 and articles 30 to 36 of the CBK Regulation on the bank capital adequacy
and paragraph 6 of article 47 of the Law on Banks;
1.2. Bank’s Tier 1 additional capital items before the application of the regulatory adjustments
defined in articles 20, 21 and articles 30 to 36 of the CBK Regulation on the bank capital
adequacy and paragraph 6 of article 47 of the Law on Banks, except for instruments with
explicit and embedded options that, if executed, will reduce the remaining effective maturity
to less than one (1) year;
1.3. Bank’s Tier 2 capital items before the application of the regulatory adjustments defined in
articles 20, 21 and articles 30 to 36 of the CBK Regulation on the bank capital adequacy and
paragraph 6 of article 47 of the Law on Banks, with the exception of instruments with explicit
and embedded options that, if executed, will reduce the remaining effective maturity to less
than one (1) year;
8 of 14
1.4. any other instrument of the bank's capital with a remaining maturity of one (1) year or longer,
with the exception of instruments with explicit or embedded options that, if executed, would
reduce the effective remaining maturity in less than one (1) year;
1.5. any other secured and unsecured lending and liabilities with a remaining maturity of one (1)
year or longer, including time deposits, unless otherwise specified in articles 10 to 13 of this
regulation.
CHAPTER IV
REQUIRED STABLE FUNDING FOR THE CALCULATION OF THE NSFR INDICATOR
SUB-CHAPTER I
GENERAL REQUIREMENTS
Article 15
Calculation of the required stable funding amount
- Unless otherwise specified in this Chapter, banks shall calculate the required stable funding by
multiplying the accounting value of different categories or different types of assets and off-balance
sheet items with RSF factors in compliance with Sub-Chapter II of this Chapter. The total amount
of required stable funding must be equal to the sum of the weighted amounts of assets and offbalance sheet items.
- Assets borrowed from the bank, including securities-financed transactions, which are included in
the balance sheet and to which the banks do not hold beneficial ownership should be excluded
from the calculation of the RSF amount. Assets borrowed from the bank, including securitiesfinanced transactions which are not included in the balance sheet but for which the banks hold
beneficial ownership must be subject to the application of RSF factors according to Subchapter II
of this Chapter.
- Assets that have been lent by banks, including securities-financed transactions, to which the banks
hold beneficial ownership, even when they do not keep them on the balance sheet, should be
considered as encumbered assets for the purposes of this Chapter and shall be subject to the
applicable RSF factors under Subchapter II of this Chapter. In the opposite case, such assets should
be excluded from the calculation of required stable funding.
- Assets that are encumbered for the remaining time maturity of six (6) months or longer, one of the
following factors must be applied: the RSF factor determined according to Subchapter II, of this
Chapter, to those assets if they were to be held free or the RSF factor which is otherwise applicable
to those encumbered assets, whichever factor is higher. The same should be applied when the
remaining maturity of the encumbered assets is shorter than the remaining maturity of the
transaction that is the source of the encumbrance. Assets with an encumbrance period of less than
six (6) months must be subject to the RSF factors defined in Subchapter II, of this Chapter, as if
the same assets were to be held free.
9 of 14
5. In cases where the bank re-uses or re-places as collateral an asset that was borrowed, included in
securities-financed transactions, and that is calculated as an off-balance sheet asset, the transaction
through which this asset was borrowed must be treated as encumbered to the extent that this
transaction cannot mature without the bank returning the borrowed asset.
6. The following assets are considered unencumbered:
6.1. assets included in the pool that are available for immediate use as collateral to obtain
additional financing under committed but not yet funded credit lines to the bank or, if the pool
of assets is operated by a central bank, according to the uncommitted and unfunded lines of
credit available to the bank. Banks must assume that the assets in the group are encumbered in
order to increase liquidity based on the liquidity classification defined in Chapter II of the
CBK Regulation on the liquidity coverage ratio, starting with non-acceptable assets for the
liquidity reserve;
6.2. assets that the bank has taken as collateral for the purpose of mitigating credit risk in the
mutual transactions of the repurchase agreement or securities-financed transaction and that the
bank can sell.
7. In the case of unusual, temporary operations carried out by the ECB or by a Central Bank of a
foreign country to fulfill their mandate during a period of financial stress in the broader market or
during exceptional macroeconomic circumstances, the following assets can be treated with reduced
RSF factors:
7.1. Excluding article 21 and sub-paragraph 1.1 of paragraph 1 of article 24 of this regulation,
encumbered assets for the purposes of paragraph 7 of this article;
7.2. excluding article 21 and sub-paragraph 1.2 of paragraph 1 of article 23 of this regulation, the
amounts resulting from the operations according to paragraph 7 of this article.
8. In relation to paragraph 7 of this article, CBK shall determine, in agreement with the central bank
that is the counterparty in the transaction, the RSF factor that should be applied to the assets
referred to in paragraph 7, sub-paragraphs 7.1 and 7.2 of this article. For the encumbered assets,
referred to in paragraph 7, sub-paragraph 7.1 of this article, the RSF factor that must be applied
shall not be lower than the RSF factor that would be applied according to Subchapter II, of this
Chapter, to those assets if they were held free.
8.1. In case of application of the lower RSF factor in accordance with paragraph 8 of this article,
the CBK will carefully monitor the impact of this reduced factor on the bank's stable funding
positions and, if necessary, will take appropriate supervisory measures.
9. Banks shall exclude assets linked to collateral accepted as variation margin posted in accordance
with sub-paragraph 5.2 of paragraph 5 of article 10 and paragraph 2 of article 24 of this regulation,
from other parts for calculating the amount of required stable funding in accordance with this
Chapter in order to avoid double counting.
10. Banks must include in the calculation of the amount of required stable funding, financial
instruments, foreign currencies and commodities for which a purchase order has been executed.
Banks, in calculating the RSF amount, must exclude financial instruments, foreign currencies and
commodities for which a sale order has been executed, provided that these transactions are not
included as derivatives or transactions with stable funding in the bank's balance sheet in the
moment of repayment.
10 of 14
11. The CBK may determine the RSF factors that will be applied to off-balance sheet exposures that
are not defined by this Chapter to ensure that banks maintain an adequate stable funding amount
available for the portion of these exposures for which they are expected to require funding during
the one (1) year period of the net stable funding ratio. For the determination of these factors, CBK
shall especially take into account the material damage to the bank's reputation that may result from
the bank's inability to provide such funding.
Article 16
Remaining maturity of an asset
- Unless otherwise specified in this Chapter, banks must take into account the remaining contractual
maturity of their off-balance sheet assets and transactions to determine the RSF factors that must
be applied to off-balance sheet assets and items under Subchapter II of this Chapter.
- To calculate the remaining maturity of an asset, banks must consider options, based on the
assumption that the issuer or counterparty will exercise any option to extend the maturity of an
asset. For options that can be exercised at the bank's discretion, the bank must take into account
reputational factors that may limit its ability not to exercise the option, in particular market and
customer expectations that the bank should extend the maturity of certain assets on the date of their
maturity.
- In order to determine the RSF factors that must be applied in compliance with Subchapter II of this
Chapter, for amortizing loans with a remaining contractual maturity of one (1) year or more, the
parts maturing in less than six (6) months and between six (6) months and less than one (1) year,
shall be treated as if their remaining maturity is less than six (6) months and between six (6)
months and less than one (1) year respectively.
SUBCHAPTER II
REQUIRED STABLE FUNDING FACTORS
Article 17
Zero percent (0%) RSF factor
- The following assets shall be subject to the zero percent (0%) RSF factor:
1.1. free assets which belong to Level 1 defined in the CBK Regulation on the liquidity coverage
ratio, regardless of whether they meet the operational requirements defined in the same
regulation.
1.2. all the reserves that the bank holds at the CBK, the European Central Bank or the Central
Bank of a foreign country, including required reserves and excess reserves;
1.3. all claims against the CBK, the European Central Bank or the Central Bank of a foreign
country with a remaining maturity of less than six (6) months.
- Excluding sub-paragraph 1.2 of paragraph 1 of this Article, CBK may decide, in agreement with
the relevant Central Bank of a foreign country, to apply a higher RSF factor to the required
reserves, taking into account, in particular, the degree in which the reserve requirement exists over
a one (1) year horizon and therefore requires stable interrelated funding.
11 of 14
3. For subsidiary entities that have their main headquarters in a foreign country, where the required
reserves of the Central Bank are subject to the higher RSF factor according to the net required
stable funding defined in the Legislation of that foreign country, the RSF factor that is higher
should be considered for consolidation purposes.
Article 18
Five percent (5%) RSF factor
- The undrawn part of credit and liquidity commitments defined in the CBK Regulation on the
liquidity coverage ratio, shall be subject to the five percent (5%) RSF factor.
- For all derivatives contract netting sets, banks shall apply the five percent (5%) RSF factor to the
absolute fair value of these derivative contract netting sets, gross of any collateral posted when
these netting sets have negative fair value. For the purposes of this paragraph, banks shall
determine the fair value as gross of any collateral posted or settled payments and receipts related to
market valuation changes to such contracts.
Article 19
Ten percent (10%) RSF factor
- The following off-balance sheet assets and items shall be subject to the RSF factor of ten percent
(10%):
1.1. trade finance products registered as off-balance sheet items, as referred to in Annex I of this
regulation.
Article 20
Twenty percent (20%) RSF factor
- Unencumbered assets belonging to Level 2A assets defined in the CBK Regulation on the liquidity
coverage ratio shall be subject to the RSF factor of twenty percent (20%), regardless of whether
they meet operational requirements and requirements of the composition of the liquidity buffer as
defined in the CBK regulation on the liquidity coverage ratio.
Article 21
Fifty percent (50%) RSF factor
- The following assets shall be subject to the RSF factor of fifty percent (50%):
1.1. loans secured by collateral and unsecured loans with a remaining maturity of less than one (1)
year and provided that these are encumbered for less than one (1) year;
1.2. all other assets with a remaining maturity of less than one (1) year, unless otherwise specified
in articles 17 to 20 of this regulation;
1.3. assets encumbered for the remaining maturity of at least six (6) months but less than one (1)
year, except when these assets must be assigned the higher RSF factor in accordance with
articles 22, 23 and 24 of this regulation, if they were held unencumbered, in which case the
higher RSF factor should be applied as if these assets were held free.
12 of 14
Article 22
Fifty-five percent (55%) RSF factor
- Assets belonging to Level 2B assets defined in the CBK regulation on the liquidity coverage ratio
shall be subject to the RSF factor of fifty-five percent (55%), regardless of whether they meet the
operational requirements and the composition requirements of the liquidity buffer defined in the
same regulation, provided that they are encumbered for less than one (1) year.
Article 23
Eighty-five percent (85%) RSF factor
- The following off-balance sheet assets and items shall be subject to the eighty-five percent (85%)
RSF factor:
1.1. Any off-balance sheet assets and items, including cash, posted as initial margin for derivative
contracts, unless these assets must be assigned the higher RSF factor in accordance with
Article 24 of this regulation, if they were held free, in which case the higher RSF factor should
be applied as if these assets were held free;
1.2. unencumbered loans with a remaining maturity of one (1) year or more, with the exception of
loans to financial customers, which are not more than 90 days in arrears;
1.3. trade finance products on the balance sheet, with a remaining maturity of one (1) year or
more;
1.4. unencumbered securities with a remaining maturity of one (1) year or more that have not been
classified as "defaulted" according to the CBK Regulation on credit risk management and that
are not considered liquid assets according to the CBK Regulation on the liquidity coverage
ratio;
1.5. unencumbered capital instruments traded on the stock exchange that are not considered Level
2B assets according to the CBK Regulation on the liquidity coverage ratio;
1.6. physically traded commodities, including gold, but excluding commodity derivatives.
Article 24
One hundred percent (100%) RSF factor
- The following assets shall be subject to the RSF factor of one hundred percent (100%):
1.1. any asset encumbered for the remaining maturity of one (1) year or longer;
1.2. any other asset except those referred to in Articles 17 to 23 of this regulation, including loans
to financial clients that have a remaining contractual maturity of one (1) year or longer, nonperforming exposures, items deducted from capital, fixed assets, non-exchange traded
equities, retained interest, defaulted securities.
- Banks shall apply the RSF factor of one hundred percent (100%) to the difference, if positive,
between the sum of the fair values in all netting sets with positive fair values and the sum of the
fair values in all netting sets with negative fair values calculated in accordance with Article 6 of
this regulation.
13 of 14
3. The following rules shall be applied during the calculation referred to in paragraph 2 of this article:
3.1. the variation margin that banks have received from their counterparties must be deducted from
the fair value of the netting set with the positive fair value when the collateral accepted as the
variation margin qualifies as a Level 1 asset, defined in the CBK regulation on the liquidity
coverage ratio, and when banks have the legal and operational right to reuse that collateral;
3.2. all variation margins posted by banks to their counterparties must be deducted from the fair
value of the netting set with the negative fair value.
CHAPTER V
REPORTING, REMEDIAL MEASURES AND ENTRY INTO FORCE
Article 25
Reporting to the Central Bank of the Republic of Kosovo
- Banks shall submit to the CBK, the reporting forms determined by the CBK, according to the
relevant guidelines set by the CBK, no later than fifteen (15) calendar days after the end of each
quarter.
- Annex I and Annex II shall be an integral part of this regulation.
Article 26
Enforcement, Remedial Measures and Civil Penalties
Any violation of the provisions of this regulation shall be subject to remedial and punitive measures,
as defined in Law No. 03/L-209 on the Central Bank of the Republic of Kosovo and the Law on
Banks.
Article 27
Entry into force
This regulation shall enter into force on January 1, 2023.
Flamur Mrasori
Chairman of the Board of the Central Bank of the Republic of Kosovo
ANNEX I
14 of 14
TRADE FINANCE OFF-BALANCE SHEET ITEMS
- Average risk:
1.1. trade finance off-balance sheet items, such as documentary credits issued and confirmed;
- Medium/low risk:
2.1. trade finance off-balance sheet items:
2.1.1. documentary credits, in which the shipment or commodity serves as collateral, as well
as other self-liquidating transactions;
2.1.2. guarantees and commitments (including performance and tender bonds and guarantees
related to advance payments and retention guarantees) and guarantees that do not have
the characteristics of guarantees of a credit substitution character;
2.1.3. irrevocable letters of credit that do not have the characteristics of credit substitutes.
ANNEX II
TYPES OF DERIVATIVES
- Interest rate contracts:
1.1. interest rate swaps in a single currency;
1.2. basic swap contract;
1.3. forward rate agreements;
1.4. interest rate futures contracts;
1.5. interest rate options;
1.6. other contracts of a similar nature.
- Foreign exchange contracts and contracts relating to gold:
2.1. interest rate swap contracts in different currencies
2.2. forward exchange agreement;
2.3. currency futures contracts;
2.4. currency options;
2.5. other contracts of a similar nature;
2.6. contracts of a similar nature from 2.1 to 2.5 relating to gold.
- Contracts of a similar nature to those in subparagraphs 1.1 to 1.5 of paragraph 1 and 2.1 to 2.4 of
paragraph 2 of this annex that relate to other referent items or indexes. This includes as a minimum all
the instruments defined in points 4) to 7), 9) and 10) of Annex V of the CBK Regulation on Bank
Capital Adequacy, which are not otherwise included in points 1 or 2 of this the Annex.