2008-12-02
The Central Bank of Kuwait issued Instructions No. 2/IBS/149/2003 to establish a comprehensive liquidity framework for Islamic banks based on the Maturity Ladder Approach. The regulations mandate that institutions categorize assets and liabilities into defined time bands, maintain maximum cumulative mismatch limits ranging from 10 to 40 percent, and develop board-approved internal policies to manage cash flows and contingency risks. Furthermore, banks are required to measure liquidity daily, submit standardized reporting forms weekly and monthly, and provide quarterly externally audited statements to ensure continuous compliance and financial stability.
A) Instructions No. (2/IBS/149/2003) concerning the liquidity system according to maturity ladder Approach. B) Circular concerning the Central Bank of Kuwait Board of Directors’ resolution of 1/5/2005, requiring Islamic banks to maintain 20% of their customers’ KD deposits (government – private sector) in the form of liquid assets. C) Circular regarding the intervention of Central Bank of Kuwait in the money market, with a view to withdrawing surplus liquidity through monetary instruments the Central Bank of Kuwait deems appropriate. D) Circular No. (2/IBS/234/2008) concerning the Central Bank of Kuwait Board of Directors’ resolution of 2/12/2008 on amending the instructions issued with regard to the ratio of customers KD deposits to be held by banks in the form of liquid assets. 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM A) Instructions No. (2/IBS/149/2003) concerning the liquidity system according to maturity ladder Approach. 1 Instructions No. (2/IBS/149/2003) Liquidity System for Islamic Banks According to Maturity Ladder Approach Introduction : Its known that the responsibility for developing the liquidity policy rests with each individual bank, while taking into account the relevant laws and instructions issued in this regards, as well as the established banking regulations and common practices, in such a manner that ensures the match between assets and liabilities maturities, while observing the distribution of risks over the assets. Based on the rules of Article (97) of Law No. (32) of The Year 1968 Concerning Currency, The Central Bank of Kuwait and the Organization of the Banking business, which empowered the Central Bank to set up the regulations and rules to be followed in supervising Islamic banks in terms of their liquidity, solvency and proper conduct of work, particularly the liquidity system and the determination of its constituents, the following instructions have been issued by the Central Bank of Kuwait Board of Directors at its meeting of 3/11/2003 in respect of Islamic banks liquidity system according to Maturity Ladder Approach. First : Definitions: Liquidity at a bank is defined as being the bank’s ability to meet the decline on the liabilities side and to finance the increase on the assets side. The level of liquidity at the bank is considered appropriate if the bank has got the financing ability, at a proper market cost, to finance its assets and their growth as well as to cope with the expected (or unexpected) decline on the (liabilities) side. On the overall, liquidity relies basically on the base of the match between the liabilities maturities and assets maturities in a manner which ensures nonoccurrence of immediate or future financing pressures, because the total absence or the marginal availability of this match jeopardizes the liquidity position.
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM A) Instructions No. (2/IBS/149/2003) concerning the liquidity system according to maturity ladder Approach. 2 The nature of the structure of banks liabilities, which is characterized by constant development, as well as the sensitivity of the business of these institutions to monetary and economic developments and fluctuations, coupled with their steady endeavor to realize rewarding profits, are factors which render the determination of the optimal match of assets and liabilities maturities for each individual bank a matter requiring highly professional efforts and attention. The achievement of this objective is the responsibility of the management of each individual bank, which should be able, daily and promptly, to identify the size of funds available for it from internal and external sources and the current and future commitments the bank has to meet. Liquidity issue has more relative importance for Islamic banks compared to other banks, given the maturity structure of its assets and resources, as the resources of Islamic banks are usually of short term nature, while the uses of these resources are medium term and long term in some formulas (such as Ijara or lease financing and Istisna’a). Hence, Islamic banks have to put forth more effort and to exercise more care and diligence in managing their assets and liabilities and their liquidity conditions. As for the Central Bank, its responsibility in this respect can be basically summed up as being the monitoring of the ability of the banks subject to its supervision to meet their commitments upon maturity, and to urge banks to enhance their ability to face any contingent circumstances arising from exceptional conditions. Therefore, banks subject to the Central Bank’s supervision are required to maintain a minimum level of liquid funds or assets that can be liquidated or borrowed against, so as to meet immediate commitments, particularly the contingent ones, and to ensure keeping a minimum match between the assets and liabilities maturities, while observing the distribution of risks among the assets, as it is normally the case that assets of short term maturities are characterized by a low level of risks, contrary to the assets of long term maturities . The adoption of the method of the ladder of maturity according to the tenors of assets and liability allows the bank to allocate future cash inflows to offset future cash outflows during specific periods of time which usually commence with the immediate payables on both sides of assets and liabilities (the overdue time-period). The cash inflows generate from the matured assets, the liquidatable immatured assets and usable credit lines granted to the bank. The cash inflows can be categorized according to the dates of assets maturity, or on the basis conservative dates projected for withdrawals under the credit lines granted to the bank.
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM A) Instructions No. (2/IBS/149/2003) concerning the liquidity system according to maturity ladder Approach. 3 Second: The aspects of the liquidity system according to Maturity Ladder Approach: (A) Defining the maturity ladder (periods): According to maturity ladder system as a means of measuring liquidity, the future cash flows of the bank’s assets are compared to the future cash flows of the bank’s liabilities during specific maturity periods. The bank’s liabilities cash flows shall include the due commitments and the contingent commitments, specially in relation to the withdrawable investment and finance transactions agreed with the customers (the liabilities cash outflows are categorized according to the maturity dates of the commitments or by the first date on which those commitments may be claimed). On the other hand, the cash in-flows include any cash flows the bank can collect in the future. The bank’s assets and liabilities are listed within a maturity ladder through which the net position between the assets cash flows and the liabilities cash flows is calculated, whether the net difference is a surplus or a deficit. The net difference is called the (mismatch) of assets and liabilities maturities. The listing of the assets and liabilities on the basis of said ladder shall be according to time-band to be determined in the following manner :
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM A) Instructions No. (2/IBS/149/2003) concerning the liquidity system according to maturity ladder Approach. 4 (B) Determination of the bases of categorizing assets and liabilities according to Maturity Ladder Approach:
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM A) Instructions No. (2/IBS/149/2003) concerning the liquidity system according to maturity ladder Approach. 5 c) Financial investments not bearing a maturity period and traded on stock exchanges, shall be listed under the “Seven days and less time-band”, and a deduction coefficient of 5% shall be applied for local and foreign securities. The determination of the deduction coefficient for securities has taken into account the possible fluctuation of the securities prices and the existence of unfavorable selling circumstances when the bank liquidates the securities as and when so needed. d) Certain (marketable securities) of specific maturity periods may be exempted from being listed on the basis of the time periods corresponding to their maturities, to be listed, instead, under the timeband of “Seven days and less”, subject to meeting the following conditions:
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM A) Instructions No. (2/IBS/149/2003) concerning the liquidity system according to maturity ladder Approach. 6 e) Interbank contractual standby facilities which enable a bank to obtain immediate finance upon request through the money market, shall be reported under (the next day time-band). An example of this is the interbank deposits exchange agreements (free of interest). 3) OTHER ITEMS Items under collection or payment shall be taken into account, in which case net position for these items shall be calculated and reported under “the next day time-band” depending on their mature (i.e. assets or liabilities). (C) Assets and liabilities maximum (mismatch) limits Maximum limits have been established for the net variances between assets cash flows and liabilities cash flows for all currencies aggregately and cumulatively for the time bands ranging between Sight up to six month.(and which must be complied with for overall currencies (KD + FC) as well as for foreign currencies alone) (1) . The financing gap as a ratio to total liabilities (inclusive of all types) shall be measured on the basis of its being the numerator, as it represents payable future commitments. Such limits will be uniformly applied to all Islamic banks. Banks will have to comply with the following maximum limits of cumulative (mismatches) during the four time periods ranging between Sight (less than 7 days) up to six months: Time-Band Maximum Limit for Cumulative Mismatch 1 “7 days and less time-band 10% 2 “One month and less time-band 20% 3 “Three months and less time-band 30% 4 “Six months and less time-band 40% The attached form illustrates the method which will be adopted for measuring liquidity according to maturity ladder and the manner of computing the absolute or cumulative mismatch between assets and liabilities. (1) This article was amended according to the Central Bank of Kuwait Board of Directors resolution at its meeting of 6/6/2004
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM A) Instructions No. (2/IBS/149/2003) concerning the liquidity system according to maturity ladder Approach. 7 (D) Banks liquidity internal policies : Banks will be responsible for enhancing their abilities to follow-up their liquidity positions, so that their internal arrangements and controls for managing liquidity will be sufficient to create necessary sources for covering any cash outflows under ordinary or contingent circumstances, the fact which leads us to conclude that banks should prepare their liquidity internal policies according to maturity ladder in line with the following minimum arrangements : 1- Efficient computer systems should be available to provide various required information deemed vitally important for supplying the bank management with accurate and updated data, so that they can measure and manage cash flows and liquidity requirements . 2- While taking into account the minimum requirements established by the Central Bank for the liquidity system, banks have to develop internal policy for liquidity (which should be a part of an overall policy for assets and liabilities management). Such an internal policy must be approved by the respective bank Board of Directors and shall include the following as a minimum : A- An explanation of liquidity concept . B- Bases on which the policy relied in measuring liquidity. C- Time periods adopted by the liquidity policy. D- Mismatch limits which the policy includes for various time periods, and the bases on which those limits were established (i.e. are they based on the relationship between deposits base and total commitments? ). E- The organizational unit authorized to establish the limits, and the frequency of such limits review. F- The policy should include the following in relation to cash flows:
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM A) Instructions No. (2/IBS/149/2003) concerning the liquidity system according to maturity ladder Approach. 8 G- The policy shall include the following, in relation to cash and liquid assets:
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM A) Instructions No. (2/IBS/149/2003) concerning the liquidity system according to maturity ladder Approach. 9
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM A) Instructions No. (2/IBS/149/2003) concerning the liquidity system according to maturity ladder Approach. 10 Guidelines for completing the tables pertaining to liquidity system according to maturity ladder at Islamic Banks It is to be generally taken into account that the items mentioned in the tables pertaining to liquidity system according to maturity ladder, should have the same concept and nature described in detail the Islamic banks financial position statement, as well as in the explanatory notes memorandum and the definitions contained in the statement of financial position. Items mentioned in the tables shall be distributed by maturity period, while observing the following : First : Assets:
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM A) Instructions No. (2/IBS/149/2003) concerning the liquidity system according to maturity ladder Approach. 11 6) Other claims on investment companies and financial institutions, To be reported at their net value according to their maturity period and after excluding specific provisions . 7) Investment and financing transactions with customers, to be reported at net value and distributed according to there maturity period, after excluding the specific provisions. 8) Financial Investments, To be reported at their net value after excluding the specific provisions, taking the following rules into account : a- Sukuk, other than those issued by the Kuwaiti government and Central Bank, (whether belonging to foreign governments, or banks and financial institutions) shall be reported according to their maturity dates at the time of preparing the statement, with the possibility that the Sukuk meeting certain conditions, after applying the deduction coefficient in the manner detailed in the instructions, may be reported under the “seven days and less maturity period”. b- Shares listed on Kuwait Stock Exchange, or world capital markets, shall be reported under the “seven days and less time-band” and shall be subject to a deduction coefficient of 5% . Shares unlisted on Kuwait Stock Exchange, or world capital markets, shall be reported at their full value (i.e. without applying a deduction coefficient) under the “over one year time-band” . 9) Contractual standby facilities, from other banks shall be reported within “Other Commitments Item” under the “Next Day Time-band”. 10) Real Estate Investments, To be reported at their net value after deducting accumulated depreciation and any provisions made against them in accordance with the applied accounting policy. These investments shall be reported under the time band “over one year”, excluding those held for trading purposes, which should be reported in the time band during which they are expected to be sold, provided that it is not less than “above 3 months-6 months”. 11) Commodities and Goods, Commodities and goods held as offer for trading, are to be reported in the time band “above 3 months to 6 months”. Commodities and goods related to finance transactions initially agreed upon with customers, are to be reported in the time band during which transactions are expected to be executed (signing the final contract and delivery of commodities and goods to the customer).
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM A) Instructions No. (2/IBS/149/2003) concerning the liquidity system according to maturity ladder Approach. 12 12) Fixed Assets, To be reported at their net value, after accumulated depreciation, under the “over one year time-band” . 13) Other Assets, to be reported at their net value, after excluding the specific provision, according to their maturity dates . Second : Liabilities and Shareholders Equity:
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM A) Instructions No. (2/IBS/149/2003) concerning the liquidity system according to maturity ladder Approach. 13 Third : Mismatches calculation: Mismatches shall be calculated on an absolute basis, (per each period) and cumulatively as a ratio to total eligible liabilities. In other words, the denominator of the ratio shall be the Liabilities (mentioned under the column of the “Total” in the liquidity tables), excluding shareholders equity, and so is the case for the cumulative mismatch.
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks T h e C e ntr al B a n k of K u w ait S u p e r visio n S e cto r Off-Site S u p e r visio n D e pt. Liq uidity R e p o rt (T otal C u r r e n cies) B a n k : (Isla mic B a n ks) (0's) DESCRIPTION TOTAL OVERDUE NEXT DAY 7 DAYS & UNDER (EXCLUDING NEXT DAY) OVER 7 DAYS – 1 M ONTHS OVER 1 M ONTH – 3 M ONTHS OVER 3 M ONTHS – 6 M ONTHS OVER 6 M ONTHS – 1 YEAR OVER 1 YEAR Assets (1) Liquid & Semi Liquid Assets Cash & Cash Item Deposits with Central Bank of Kuwait Deposits with local banks Deposits with foreign banks Government Sukuk (Kuwait) CD’s (2) Other Assets Deposits with other financial institutions Investment & Finance deals with Residents Investment & Finance deals with non-Residents Financial Investments:
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks T h e C e ntr al B a n k of K u w ait S u p e r visio n S e cto r Off-Site S u p e r visio n D e pt. Liq uidity R e p o rt (K D) B a n k : (Isla mic B a n ks) (0's) DESCRIPTION TOTAL OVERDUE NEXT DAY 7 DAYS & UNDER (EXCLUDING NEXT DAY) OVER 7 DAYS – 1 M ONTHS OVER 1 M ONTH – 3 M ONTHS OVER 3 M ONTHS – 6 M ONTHS OVER 6 M ONTHS – 1 YEAR OVER 1 YEAR Assets (1) Liquid & Semi Liquid Assets Cash & Cash Item Deposits with Central Bank of Kuwait Deposits with local banks Deposits with foreign banks Government Sukuk (Kuwait) CD’s (2) Other Assets Deposits with other financial institutions Investment & Finance deals with Residents Investment & Finance deals with non-Residents Financial Investments:
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks T h e C e ntr al B a n k of K u w ait S u p e r visio n S e cto r Off-Site S u p e r visio n D e pt. Liq uidity R e p o rt (F C) B a n k : (Isla mic B a n ks) (0's) DESCRIPTION TOTAL OVERDUE NEXT DAY 7 DAYS & UNDER (EXCLUDING NEXT DAY) OVER 7 DAYS – 1 M ONTHS OVER 1 M ONTH – 3 M ONTHS OVER 3 M ONTHS – 6 M ONTHS OVER 6 M ONTHS – 1 YEAR OVER 1 YEAR Assets (1) Liquid & Semi Liquid Assets Cash & Cash Item Deposits with Central Bank of Kuwait Deposits with local banks Deposits with foreign banks Government Sukuk (Kuwait) CD’s (2) Other Assets Deposits with other financial institutions Investment & Finance deals with Residents Investment & Finance deals with non-Residents Financial Investments:
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM B) Circular concerning the Central Bank of Kuwait Board of Directors’ resolution of 1/5/2005, requiring Islamic banks to maintain 20% of their customers’ KD deposits (government – private sector) in the form of liquid assets. 17 GOVERNOR Rabi Al–Awal 23, 1426 H May 2,2005 THE CHAIRMAN, We would like to advise you that the Central Bank of Kuwait Board of Directors, at its meeting of 1/5/2005, has resolved to require Islamic Banks to hold 20% (1) of their customers KD deposits (government – private sector) (2) in the form of the following liquid assets:
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM B) Circular concerning the Central Bank of Kuwait Board of Directors’ resolution of 1/5/2005, requiring Islamic banks to maintain 20% of their customers’ KD deposits (government – private sector) in the form of liquid assets. 18 Central Bank of Kuwait Supervision Sector Off-Site Supervision Department Off-Site Supervision Section 20% (1)) of Customers KD Deposits Held in the Form of Certain Liquid Assets As at -------------------------------* Description KD 000 First: Liquid Assets: 1- Balances with the Central Bank of Kuwait (current account and securitization transactions). (Item N/1, 2 of the financial position statement) 2- Short-term international Murabaha transactions (within Item S/2 of the financial position statement) 3- Finance Sukuk issued by :
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM C) Circular regarding the intervention of Central Bank of Kuwait in the money market, with a view to withdrawing surplus liquidity through monetary instruments the Central Bank of Kuwait deems appropriate. 19 DEPUTY GOVERNOR Rajab 5, 1429 H August 10,2005 THE CHAIRMAN, " Circular to All Local Banks " In the light of the banking indicators which show liquidity surpluses within the banking system, with the ensuing downward pressures on the KD interest rates in the market, and accordingly on the interest rates paid by banks on private sector KD deposits, and with the consequent emergence of a shifting trend in the margin between interest rates on KD deposits and interest rates on FC deposits, particularly the US dollar, to the favor of the latter, and whereas this trend is gaining momentum and growing. And in view of the potential negative implications of this trend on the overall national economy if it persists, the Central Bank of Kuwait has decided to interfere in the money market towards withdrawing the liquidity surpluses through the monetary instruments it deems appropriate. The Central Bank of Kuwait will closely and constantly follow-up the banks’ manner of pricing KD deposits in the light of the intervention rates it is going to implement in this respect. The Central Bank of Kuwait will stop intervening and dealing with any bank that does not re-price its KD deposits consistently with the official interest rates, particularly interest rates on money market instruments which will be used to absorb liquidity surpluses. With my beast wishes, Dr. Nabil Ahmed Al Manna’e
CHAPTER TWO: The law, supervisory & Regulatory Instructions & Control on Islamic Banks 2- RULES AND REGULATIONS CONCERNING LIQUIDITY SYSTEM D) Circular No. (2/IBS/234/2008) concerning the Central Bank of Kuwait Board of Directors’ resolution of 2/12/2008 on amending the instructions issued with regard to the ratio of customers KD deposits to be held by banks in the form of liquid assets. 20 GOVERNOR Thu Al-Hija 6, 1429 H December 4,2008 THE CHAIRMAN, Circular No. (2/IBS/234/2008) to Local Islamic Banks This has reference to the Central Bank of Kuwait circular dated 2/5/2005, obliging Islamic banks to maintain 20% of their KD customers deposits (government – private sector) in the form of balances with the Central Bank of Kuwait (current account or securitization transactions), in addition to short-term international Murabaha transactions, and finance Sukuk issued by Islamic Development Bank or by the governments of GCC countries. I would like to advise you that on 2/12/2008 the Board of Directors of the Central Bank of Kuwait resolved as follows: