2022-08-04
The Central Bank of the Republic of Kosovo issued this regulation to establish calculation criteria and a minimum 100% threshold for the Liquidity Coverage Ratio, requiring all licensed banks to maintain an adequate stock of high-quality liquid assets. The framework mandates that institutions hold eligible Level 1 and Level 2 assets to cover net liquidity outflows during a thirty-day stress scenario, while specifying eligibility criteria, valuation haircuts, and consolidation rules for foreign subsidiaries. Banks must report their LCR daily to the CBK and immediately notify the regulator if the ratio falls below 100%, submitting a restoration plan to ensure continuous compliance.
1 of 27 Pursuant to Article 35, paragraph 1 subparagraph 1.1 of Law No. 03/L-209 on 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 LIQUIDITY COVERAGE RATIO CHAPTER I GENERAL PROVISIONS Article 1 Purpose and scope
2 of 27 1.4. Net liquidity outflow – means the sum which is obtained by deducing liquidity inflows from liquidity outflows of the bank in compliance with Chapter III of this Regulation; 1.5. Significant currency – means all currencies where the aggregate liabilities denominated in a currency other than the euro reporting currency (on balance sheet and off balance sheet) reach or exceed 5% of the bank's total liabilities; 1.6. Business organisation – means the types of business organizations according to the Law on Business Organizations in force. The classification of business organizations (businesses) will be done in accordance with the Law on Accounting, Financial Reporting and Auditing of the Republic of Kosovo in force; 1.7. Deposit – means an amount of money paid by a natural person or a legal person to a Bank, which has been accepted by that Bank on the condition that this money is repaid in full, with or without interest or premium, either on demand or on a date assigned to that natural person or legal entity; 1.8. Retail deposits – means a liability to a natural person or to a Small and Medium Enterprise, where the natural person or Small and Medium Enterprise would qualify for the exposure class "Exposures to individuals and small and medium businesses" according to the standardized approach for credit risk, pursuant to Article 51 of the Regulation on Bank Capital Adequacy, and when aggregate deposits from natural persons or SMEs on a group basis shall not exceed the amount of 1,000,000 (one million) euros; 1.9. Wholesale deposit – means any deposit not included in the retail deposits category; 1.10. Financing – means the obligations in the form of debt, that are not included in the deposit category; 1.11. Financial customer – means a customer that performs one or more activities listed in Article 44 of the Law on Banks, Microfinance Institutions and Non-Banking Financial Institutions, or is one of these institutions: 1.11.1. a bank; 1.11.2. a microfinance institution; 1.11.3. non-bank financial institution ; 1.11.4. an investment company; 1.11.5. an insurer; 1.11.6. a reinsurer, and 1.11.7. any legal entity that carries out financial activities within or outside the Republic of Kosovo. 1.12. Stress – means a sudden or significant deterioration in the solvency or liquidity position of a bank due to changes in market conditions or idiosyncratic factors (bankspecific factors) as a result of which there is a significant risk that the bank will be unable to meet its obligations as they become due within the next 30 calendar days; 1.13. Margin loans – means collateralized loans extended to customers for the purpose of taking leveraged trading positions;
3 of 27 1.14. Secured lending transaction – means any transaction that gives rise to a collateral secured exposure that does not include a provision giving the bank the right to receive margin at least on a daily basis; 1.15. Capital market-based transaction – means any transaction that gives rise to an exposure that is secured by collateral that includes a provision that entitles the bank to receive margin at least on a daily basis; 1.16. Trade finance – means financing, including guarantees, related to the exchange of goods and services through financial products of fixed short-term maturity, mainly less than one year, without automatic renewal as defined in Annex I of the Regulation on Capital Adequacy of Banks. Article 3 Liquidity coverage requirement
4 of 27 6. CBK shall allow such authorizations based on a bank's individual situation and taking into account the scale and complexity of the bank's activities. 7. CBK shall monitor the implementation of the plan for restoring compliance until the liquidity coverage ratio is restored to the level defined in paragraph 2 of this Article, and may require faster restoration if necessary. 8. Banks shall calculate and monitor the liquidity coverage ratio in the reporting currency and in each currency that is the subject of separate reporting in accordance with the methodological guidelines set by the CBK. 9. For the purposes of reporting on a consolidated basis, as defined by paragraph 1 of this Article, banks shall also take into account the following provisions: 9.1. assets of a foreign country that are held by a subsidiary / branch of the bank in a foreign country may be recognized as liquid assets for consolidation purposes when they qualify as liquid assets under the local law of the foreign country that determines the liquidity coverage requirement and when they meet one of the following conditions: 9.1.1. the assets meet all the requirements defined in Chapter II of this regulation; 9.1.2. the assets do not meet the specific requirements defined in Chapter II of this regulation regarding the size of their issuance, but meet all other requirements defined in the regulation; 9.1.3. assets recognised based on point 9.1.2. of paragraph 9 of this Article can be recognized up to the amount of net stressed liquidity outflows occurring in a certain currency in which they are denominated and originating from the same subsidiary / branch of the bank in a foreign country. 9.2. outflows in a subsidiary/ branch of the bank in a foreign country that are subject according to the local law of that foreign country that determines the requirement for liquidity coverage at a higher percentage than those defined in Chapter III of this regulation will be subject to consolidation in accordance with the highest rates set forth in the local law of the foreign country; 9.3. the liquidity inflows in a subsidiary/branch of the bank in a foreign country that are subject according to the local law of that foreign country that determines the requirement for liquidity coverage requirement at a lower percentage than those defined in Chapter III of this regulation will be subject to consolidation in accordance with the lowest rates set forth in the local law of the foreign country; 9.4. for a subsidiary/ branch of the bank in a foreign country that are subject according to the local law of that foreign country that determines the liquidity coverage requirement that are different from the requirements defined in this Regulation, the calculation for consolidation purposes shall be carried out in accordance with the requirements of this Regulation. Article 5 Stress scenarios for the purpose of calculating the liquidity coverage ratio
5 of 27 1.1. the draw down (withdrawal) of a significant/considerable proportion of retail deposits; 1.2. a total or partial loss of capacity of wholesale unsecured funding, including wholesale deposits and other sources of contingent funding such as committed or uncommitted liquidity or lines of credit received; 1.3. a total or partial loss of secured short-term funding; 1.4. additional liquidity outflows, as a result of a bank’s credit rating downgrade of up to three notches; 1.5. increased market volatility, which affects the value of collateral or its quality, or additional collateral needs; 1.6. unscheduled draws on liquidity and credit facilities, that bank has granted to its customers; 1.7. potential obligation to buy-back debt or to honour non-contractual obligations; CHAPTER II LIQUIDITY BUFFER SUBCHAPTER I General requirements Article 6 Composition of the liquidity buffer
6 of 27 through a sale with full rights or through a repurchase agreement within the next 30 calendar days. The following assets should be considered to be free from any encumbrance or obligation: 2.1. the 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 under the operation of a central bank, according to the uncommitted and not funded lines of credit available to the bank. Banks must assume that the assets in the pool are encumbered in order to increase liquidity based on the classification of liquidity defined in Subchapter II, starting with ineligible assets for the liquidity buffer; 2.2. the assets that the bank has taken as collateral for the purpose of mitigating credit risk in mutual repurchase agreement transactions or securities funding transactions and that the bank can sell; 3. The assets shall not be issued by the bank itself, by its shareholder, except when the shareholder is a public sector entity that is not a bank, by one of its subsidiaries or another subsidiary of its shareholder, or a Securitisation Special Purpose Entity (SSPE), with which the bank has close relations. 4. Assets shall not be issued by: 4.1. another bank, unless the issuer is a public sector entity as defined in Article 10, paragraph 1, subparagraph 1.3. and in article 11, paragraph 1, subparagraph 1.1. of this regulation; 4.2. a microfinance institution; 4.3. a non-bank financial institution ; 4.4. an investment company; 4.5. an insurance company; 4.6. a reinsurer; and 4.7. any other legal entity that performs financial activities in the Republic of Kosovo and abroad. 5. For the purpose of this Article, SSPEs shall be considered as an entity not included within the entities defined in paragraph 4, subparagraph 4.7 of this Article. 6. The value of assets should be able to be determined on the basis of widely published and readily available market prices. In the absence of these market prices, the value of assets should be possible to determine based on a simple formula that uses published data and is based on realistic assumptions. 7. The assets must be listed on a recognized stock exchange or tradable through outright sale or simple repurchase transactions on generally accepted repurchase markets. These criteria must be evaluated by the bank for each market separately. An asset accepted for trading in an organised market, which is not a recognised stock exchange, shall be considered liquid only if this market shall be active and of significant size for asset outright sales. The bank, for the purposes of this paragraph, shall consider a market being active and of significant size based on the following criteria:
7 of 27 7.1. historical data on market liquidity (breadth and depth of the market), proven by low bid-ask spreads, high volume of transactions and a large and diversified number of market participants; 7.2. the presence of a robust market infrastructure. 8. The requirements defined in paragraphs 5 and 6 of this Article shall not be applied for: 8.1. banknotes and coins, as defined in Article 11, paragraph 1, subparagraph 1.1 of this Regulation; and 8.2. exposures to central banks defined in Article 10, paragraph 1, subparagraph 1.2. and 1.4. and Article 11 paragraph 1, subparagraph 1.1 of this Regulation; 8.3. exposures to central governments defined in article 10, paragraph 1, subparagraph 1.4 of this Regulation. Article 8 Operational requirements
8 of 27 4. For the purpose of paragraph 3 of this article, the bank shall consider the following assets: 4.1. A liquid asset shall be considered readily accessible to the bank when there are no legal or practical impediments to the bank’s ability to monetise such an asset in a timely fashion; 4.2. Assets used to provide credit enhancement in structured transactions or to cover operational costs of the bank, shall not be considered as readily accessible to the bank; 4.3. Assets held in a foreign country when there are restrictions to their free transferability shall be considered readily accessible only insofar as the bank uses those assets to meet liquidity outflows in that foreign country; 4.4. Assets held in non-convertible currency shall be considered readily accessible only insofar as the bank uses those assets to meet liquidity outflows in that currency. 5. Banks shall ensure that their liquid assets are under the control of a specific liquidity management function within the bank. Compliance with this requirement will be demonstrated to CBK through: 5.1. placing the liquid assets in a separate pool under the direct management of the liquidity function, with the sole intent of using them as a source of contingent funds, including during stress periods; 5.2. putting in place internal systems and controls to give the liquidity management function effective operational control to monetise the holdings of liquid assets at any point during a 30 calendar days stress period and to access the contingent funds, without directly conflicting with any existing business or risk management strategy. In particular, an asset shall not be included in the liquidity buffer, where its sale without replacement throughout a 30 calendar days stress period would remove a hedge that would create an open risk position in excess of the internal limits of the bank; or 5.3. a combination of the determinations according to subparagraphs 5.1 and 5.2., provided that CBK deems such a combination acceptable; 6. The bank shall regularly, and at least once a year, monetise a sufficiently representative sample of their holdings of liquid assets by means of outright sale or simple repurchase agreement on a generally accepted repurchase market. Banks shall develop strategies for disposing of liquid assets which are adequate to: 6.1. test the access to the market for those assets and their usability; 6.2. check that the bank's processes for the timely monetisation of assets are effective; 6.3. minimise the risk of sending a negative signal to the market as a result of the bank's monetising its assets during liquidity stress periods. 7. The requirement defined in subparagraph 6.1. of paragraph 6 of this article shall not apply to level 1 assets as defined in Article 10 of this Regulation. 8. The requirement set out in paragraph 3 of this Article shall not prevent banks from hedging the market risk associated with their liquid assets, provided that the following conditions are met: 8.1. the bank shall draft internal procedures in accordance with paragraphs 3 to 5 of this Article, ensuring that these assets are readily available and under the control of the liquidity management function;
9 of 27 8.2. Net liquidity outflows and inflows that would result in the event of an early close-out of the hedge are taken into account in the valuation of the relevant asset in accordance with Article 9 of this Regulation. Article 9 Valuation of Liquid Assets The bank, for the purposes of calculating the liquidity coverage ratio, shall use the market value of its liquid assets. The market value of liquid assets shall be reduced in accordance with the haircut defined in Subchapter II and in Article 8, paragraph 8, subparagraph 8.2. of this Regulation, where applicable. SUBCHAPTER II LIQUID ASSETS Article 10 Level 1 assets
10 of 27 1.3.3. regional governments or local authorities in a foreign country of the type defined in point 1.3.2. of this article, provided that they are treated as exposures to the central government of the foreign country in accordance with article 45, paragraph 3 of the Regulation on Bank capital adequacy; 1.3.4. public sector entities provided that they are treated as exposures to one of the regional governments or local authorities defined in point 1.3.3. of this article, in accordance with article 46, paragraph 6 of the Regulation on Bank capital adequacy; 1.4. the following assets: 1.4.1. assets representing claims on or guaranteed by the central government or central bank of a foreign country, where the bank operates through a branch or a subsidiary, which has not been assigned a credit quality step 1 credit assignment by a nominated ECAI, in accordance with Article 44, paragraph 2 of the Regulation on Bank capital adequacy; 1.4.2. mandatory liquidity reserves held by the bank with a central bank defined in point 1.4.1. of this article, to the allowed extent of its use, as determined by the respective Central Banks; 1.4.3. the aggregate amount of assets that can be included within points 1.4.1 and 1.4.2. of this Article and denominated in the specified currency that the bank can recognize as Level 1 Assets must not exceed the amount of the bank's net stressed liquidity outflows in the same currency. Also, in cases where a part or all of the assets that may be included within points 1.4.1. and 1.4.2. of this article are denominated in a currency that is not the local currency of the foreign country in question, the bank may recognize those assets as Level 1 Assets up to the amount that is equal to the amount of the net stressed liquidity outflows occurred in that foreign currency corresponding to the bank's operations in the jurisdiction where the liquidity risk is taken. 1.5. assets representing claims on or guaranteed by multilateral development banks and international organizations, as defined in article 47, paragraph 3 and article 48 of the Regulation on Bank Capital Adequacy. Article 11 Level 2A Assets
11 of 27 1.2.1. have a credit assignment assigned by a nominated ECAI that is at least credit quality step 1 in accordance with Article 50 paragraph 1 of the Regulation on Bank Capital Adequacy or an equivalent credit quality step for short-term credit assessment cases; 1.2.2. the total value of the securities issue is at least 250 million euros (or the equivalent amount in the local currency); 1.2.3. the maximum value of the period until the maturity of the security at the time of issue is 10 years. 2. The market value of each of the Level 2A assets is subject to a haircut of at least 15% by the bank. Article 12 Level 2B Assets
12 of 27 after deducing any applicable haircuts and provided that the bank shall fulfil the operational requirements defined in Article 8 of this Regulation. 3. The banks shall define the composition of their liquidity buffer in accordance with the formula laid down in Annex 1 of this Regulation. Article 14 Breach of requirements Where a liquid asset ceases to comply with any applicable general requirements laid down in Article 7 of this Regulation, the operational requirements laid down in Article 8 paragraph 3 of this Regulation, or any eligibility criteria laid down in this Subchapter, the bank shall cease to recognise this asset as a liquid asset no later than 30 calendar days from the moment when the breach of requirements occurred. CHAPTER III LIQUIDITY OUTFLOWS AND INFLOWS SUBCHAPTER I NET LIQUIDITY OUTFLOWS Article 15 Definition of net liquidity outflows
13 of 27 2. By derogation from paragraph 1 of this article, banks shall calculate cash outflows and inflows resulting from derivative transactions in foreign currency that include full exchange of principal amounts simultaneously (or within the same day) on a net basis, even where those transactions are not covered by a bilateral netting agreement. 3. For the purposes of this article, the net basis shall be considered to be net of the collateral that will be delivered or received over the next 30 calendar days. However, in cases where the collateral is received within the next 30 calendar days, the net basis is considered to be net of this collateral only if both of the following conditions are met: 3.1. in the case when the collateral is accepted, it will be qualified as a liquid asset according to Chapter II Subchapter II of this regulation; 3.2. the bank shall be legally and operationally able to reuse the collateral in case of acceptance. SUBCHAPTER II LIQUIDITY OUTFLOWS Article 17 Definition of liquidity outflows
14 of 27 to 24 of this Regulation, and which they offer or sponsor or which potential purchasers may consider associated with them. 2. These products or services defined in paragraph 1 of this article shall include, but not limited to, the outflows resulting from any of the contractual agreements for which the bank applies minimum outflow rates, such as: 2.1. 10% for other off-balance sheet obligations and contingent (emergency) funding liabilities, including non-committed funding facilities, which may be cancelled unconditionally at any time and without notice; 2.2. 10 % for undrawn loans and advances to non-retail counterparties, which may be cancelled unconditionally at any time and without notice; 2.3. 100% for the loans secured by real estate, approved, but not yet drawn down; 2.4. 5% for credit cards, which can be unconditionally cancelled at any time and without any notice; 2.5. 7% for overdrafts, which can be unconditionally cancelled at any time and without any notice; 2.6. 100% for planned outflows related to the renewal of existing retail or wholesale loans or the granting of new retail or wholesale loans; 2.7. 100% for scheduled payable derivatives and credit derivatives; 2.8. 5% for products related with off-balance sheet items of trade finance. 3. The outflows defined in paragraph 1 of this article will be assessed under the assumption of a combined idiosyncratic (specific) and market-wide (systemic) stress scenario, as defined in article 5 of this Regulation. For this assessment, banks should especially take into account the material reputational damage that may result from not supporting with liquidity these products or services. 4. Banks shall report at least once a year to the CBK those products and services for which the possibility and potential volume of liquidity outflows defined in paragraph 1 of this article are material and the CBK will determine whether to review certain outflow rates. Article 19 Outflows from stable retail deposits
15 of 27 2. For the purpose of paragraph 1 subparagraph 1.1. of this article, a stable deposit shall be considered to be part of an established relationship, where the depositor meets at least one of the following criteria: 2.1. has an active contractual relationship with the bank of at least 12 months duration; 2.2. has a borrowing relationship with the bank for loans covered (guaranteed) by collateral in the form of residential real estate or other long-term loans; 2.3. has at least one other active product, other than a loan, with the bank. 3. For the purpose of paragraph 1 subparagraph 1.2. of this article, a retail deposits shall be considered as being held in a current (transactional) account, where salaries, income or transactions are regularly credited and debited respectively against that account. Article 20 Outflows from other retail deposits
16 of 27 3.2. where the retail deposits fulfil the criterion defined in subparagraph 2.1. of paragraph 2 of this article and at least one criterion defined in paragraph 2 of this article, or three or more criteria of paragraph 2 of this article, an outflow rate between 15% and 20% shall be applied. 4. On a case by case basis, CBK may apply a higher outflow rate where justified by the specific circumstances of the bank. Banks shall apply the outflow rate defined in paragraph 3, subparagraph 3.2., of this article for retail deposits where the assessment defined in paragraph 2 of this article has not been carried out or is not completed. 5. Banks may exclude from the calculation of outflows certain clearly limited categories of retail deposits as long as in each case the bank strictly applies the following provisions for the whole category of such deposits, unless an exception can be justified on the basis of circumstances of hardship for the depositor : 5.1. within 30 calendar days, the depositor is not allowed to withdraw the deposit; or 5.2. for early withdrawals within 30 calendar days, the depositor must pay a penalty that includes the loss of interest between the withdrawal date and the contractual maturity date plus a material penalty that must not exceed the late interest for the time elapsed between the date of deposit and date of withdrawal. 6. If a portion of the deposit defined in paragraph 5 of this article can be withdrawn without applying the corresponding penalties, only that portion shall be treated as a demand deposit and the remaining balance shall be treated as a term deposit as defined in this paragraph. 7. An outflow rate of 100% shall be applied to cancelled deposits with a residual maturity of less than 30 calendar days and where pay-out has been contracted to another bank. 8. By derogation from paragraphs 1 to 7 of this article and article 19 of this Regulation, banks shall multiply retail deposits that they have accepted in foreign countries by a higher percentage outflow rate if such a percentage is provided for by the local legislation establishing liquidity requirements in that foreign country. Article 21 Outflows from operational deposits
17 of 27 3. Clearing, custody, cash management or other comparable services defined in subparagraph 1.1. of paragraph 1 of this article, only cover such services to the extent that they are provided in the context of a previously established relationship that is critically important to the depositor. Deposits defined in subparagraph 1.1. and 1.2. of paragraph 1 of this article shall have significant legal or operational limitations that make significant withdrawals within 30 calendar days impossible. Funds in excess of the amount required for operational services will be treated as non-operational deposits. 4. Deposits that are created as a result of a relationship with a correspondent bank or from the provision of brokerage services shall not be treated as operational deposits and shall receive an outflow rate of 100%. 5. In order to identify the deposits defined in subparagraph 1.2. of paragraph 1, of this article, the bank shall take into account that there is an operational relationship established with a nonfinancial client, with the exception of time deposits, savings deposits and brokered deposits, in the case when all of the following criteria are met: 5.1. the deposit is held by a non-financial customer; 5.2. the deposit is not a time deposit or a saving account; 5.3. the remuneration of the account is priced at least 5 basis points below the actual rate for wholesale deposits with comparable characteristics, but that are not negative; 5.4. the deposit is held in dedicated (special ) accounts and priced without creating economic incentives for the depositor to maintain funds in the deposits in excess of what is needed for the operational relationship; 5.5. material transactions are credited and debited regularly for significant (material) customer transactions; 5.6. one of the following criteria is met: 5.6.1. the relationship with the depositor has existed for at least 24 months; 5.6.2. the deposit has been used for a minimum of 2 active services. These services may include direct or indirect access to national or international payment services, security trading or depository services. 6. Only that part of the deposit that is necessary to make use of the service for which the deposit was established shall be treated as an operational deposit. The excess part of the deposit shall be treated as non-operational deposit. Article 22 Outflows from other liabilities
18 of 27 Deposit Insurance or an equivalent deposit guarantee scheme in a foreign country they shall be multiplied by 20%. 3. Banks shall multiply the liabilities resulting from the bank's operating expenses by 0%. 4. Banks shall multiply liabilities resulting from secured lending transactions and capital marketbased transactions maturing within 30 calendar days by: 4.1. 0% in cases when they are collateralized by assets that, to be used as collateral for those transactions, would qualify in accordance with articles 7 and 10 of this Regulation as liquid assets of any of the categories of Level 1 Assets, defined in Article 10 of this regulation; 4.2. 15% in cases where they are collateralized by assets that, to be used as collateral for those transactions, would qualify in accordance with articles 7 and 11 of this Regulation as liquid assets of any of the categories of Level 2A Assets, defined in Article 11 of this Regulation; 4.3. 25% in cases where they are collateralized with assets that would not qualify as liquid assets in accordance with articles 10 and 11 of this regulation and the lender is the Government of the Republic of Kosovo, a public sector entity, a regional government or a local authority in the Republic of Kosovo and the central government, a public sector entity, a regional government or a local authority of a foreign country in which the bank has been licensed or established a branch, or a multilateral development bank. Public sector entities that receive this treatment will be limited to those that have a risk weight of 20% or lower in accordance with Article 45 and Article 46, paragraph 4 and 5 of the Regulation on Bank Capital Adequacy; 4.4. 50% in cases where they are collateralized by assets that, to be used as collateral for those transactions, would qualify in accordance with articles 7 and 12 of this regulation as liquid assets of any of the categories of Level 2B Assets, defined in Article 12, paragraph 1, subparagraph 1.2. of this regulation ; 4.5. 100% in cases where they are collateralized by assets that do not qualify for inclusion in any of the sub-paragraphs 4.1. to 4.4. of this paragraph. 4.6. By derogation from subparagraphs 4.1. to 4.5., of this paragraph, in cases when counterparty in secured lending or transactions based on the capital market is the domestic central bank of the bank, the outflow rate shall be 0%. 5. collateral swaps and other transactions of a similar form, maturing within the next 30 days shall lead to an outflow in cases where the borrowed asset is subject to a lower haircut according to Subchapter II than the asset lent. The outflow shall be calculated by multiplying the market value of the borrowed asset by the difference between the outflow rate applied to the asset lent and the outflow rate applied to the borrowed asset determined in accordance with the rates set forth in paragraph 4 of this Article. For the purpose of this calculation, a haircut of 100% shall be applied to assets that do not qualify as liquid assets. With the exception of the rates defined in paragraph 4 of this article where the counterparty in the collateral swap or any other transaction of a similar form is the domestic central bank of the bank, the outflow rate that shall be applied to the market value of the borrowed asset shall be 0%. 6. Banks shall apply an outflow rate of 100% to all notes, bonds and other debt securities issued by banks, except where the bond is sold exclusively in the retail market and held in a retail account, in which case those instruments can be treated as the appropriate retail deposit category.
19 of 27 Limitations shall be placed such that those instruments cannot be bought and held by parties other than retail customers. 7. Unsecured borrowed assets maturing within the next 30 calendar days shall be assumed to be fully withdrawn creating a liquid asset outflow of 100%, except where the bank owns the borrowed assets and the borrowed assets do not form part of the liquidity buffer of the bank. 8. For the purpose of this article, 'domestic central bank' means any of the following: 8.1. Central Bank of the Republic of Kosovo; 8.2. the central bank of a foreign country in which the bank is licensed to operate. Article 23 Additional outflows
20 of 27 by a collateralized securities financing transaction, the bank shall assume that the short position will be held for a period of 30 calendar days and will receive an outflow of 0%. 8. The bank shall calculate an additional outflow rate corresponding to 100% of: 8.1. the excess collateral held by the bank, that can be required at any time by the counterparty, in accordance with the contractual conditions; 8.2. collateral that is due to be posted to a counterparty within 30 calendar days; 8.3. collateral that corresponds to the assets that would qualify as liquid assets for the purposes of Chapter II of this Regulation, that can be substituted for assets corresponding to assets that would not qualify as liquid asset for the purposes of Chapter II without the consent of the bank. 9. Deposits received as collateral shall not be considered as liabilities, for the purposes of Article 19, 20, 21, 22 or 24 paragraph 7 and 8 of this Regulation, but shall be subject to the requirements of paragraphs 1 to 8 of this Article, where applicable. The amount of cash received that exceeds the amount of cash received as collateral shall be treated as a deposit in accordance with articles 19, 20, 21, 22 or 24 paragraph 7 and 8 of this regulation. 10. In relation to the provision of prime brokerage services, in cases where the bank has covered the short sales of a customer by matching them with the assets of another customer, and the assets do not qualify as liquid assets , such transactions shall be subject to an outflow rate of 50% for a contingent liability. Article 24 Outflows from credit and liquidity facilities
21 of 27 2.3. it does not consist in assets issued by the counterparty of the facility or its affiliated entities. If the necessary information is available to the bank, the maximum amount that can be drawn down for credit and liquidity facilities shall be determined as the maximum amount that could be drawn down, based on the counterparty’s obligations or on the pre-defined contractual drawdown schedule coming due over 30 calendar days. 3. The maximum amount that can be drawn down from undrawn committed credit facilities and undrawn committed liquidity facilities within 30 calendar days shall be multiplied by 5% if they qualify for the retail deposit exposures class. 4. The maximum amount that can be drawn down from undrawn committed credit facilities within 30 calendar days shall be multiplied by 10% in cases where the following conditions are met: 4.1. they do not qualify for the retail deposit exposure class; 4.2. they have been provided to client that are not financial customers, including non-financial corporates, central governments, central banks, multilateral development banks and public sector entities; 4.3. they have not been provided for the purposes of replacing funding of the client in the situations where the client is unable to obtain funding requirements in financial markets. 5. The maximum amount that can be drown down from undrawn committed liquidity facilities within the next 30 calendar days shall be multiplied by 30% when they meet the conditions defined in paragraph 4, subparagraph 4.1 and 4.2., of this article and by 40% when they are provided to personal investment companies. 6. The bank shall multiply the maximum amount that can be drawn down from other undrawn committed credit and liquidity facilities within 30 calendar days by the corresponding outflow rate as follows: 6.1. 40% for credit and liquidity facilities extended to banks and for credit facilities extended to other regulated financial institutions, including insurance companies and investment companies. 6.2. 100% for liquidity and credit facilities granted to financial customers not referred to in subparagraph 6.1. of this paragraph, and paragraphs 1 to 5 of this Article. 7. The banks shall multiply by 100% any liquidity outflows resulting from liabilities maturing within 30 calendar days, other than those defined in Articles 19 to 24 of this Regulation. 8. In cases where the total amount of all contractual commitments to extend financing to nonfinancial customers within 30 calendar days, except for the commitments defined in articles 19 to 24 of this Regulation, exceeds the amount of inflows from these non- financial customers calculated according to article 25 paragraph 3 subparagraph 3.1., the addition will be subject to an outflow rate of 100%. For the purpose of this paragraph, non- financial customers shall include, but not be limited to, natural persons, small and medium-sized enterprises, corporations, governments, multilateral development banks and public sector entities, and shall exclude financial customers and central banks. SUBCHAPTER III LIQUIDITY INFLOWS
22 of 27 Article 25 Inflows
23 of 27 have a risk weight of 20% or lower in accordance with Article 45 and Article 46, paragraph 4 and 5 of the Regulation on Bank Capital Adequacy; 3.2.4. 50% in cases where they are collateralized by assets that, to be used as collateral for those transactions, would qualify in accordance with articles 7 and 12 of this regulation as liquid assets of any of the categories of Level 2B Assets, defined in Article 12, paragraph 1, subparagraph 1.2. of this regulation; 3.2.5. 100% in cases where they are collateralized by assets that do not qualify for inclusion in any of the subparagraphs 3.2.1. to 3.2.4. of this paragraph. 3.3. amounts due from contractual margin loans maturing within the next 30 calendar days provided against collateral consisting of non-liquid assets can receive an inflow rate of 50%. Those inflows can be considered in cases where the bank is not using the collateral it initially accepted against loans to cover any short positions; 3.4. amounts due that the bank owns shall be treated in compliance with Article 21, and shall be multiplied by the corresponding symmetrical inflow rate. In cases where the corresponding rate cannot be determined, an inflow rate of 5% shall be applied; 3.5. swap collateral contracts and other transaction of similar form maturing within 30 calendar days shall lead to an inflow in cases where the asset lent is subject to a lower haircut under Subchapter II than the asset borrowed. The inflow shall be calculated by multiplying the market value of the asset lent by the difference between the inflow rate applied to the borrowed asset and the inflow rate applied to the asset lent determined in accordance with the rates set out in the subparagraph 3.2. of this article. For the purpose of this calculation, the haircut of 100% shall be applied to assets that do not qualify as liquid assets; 3.6. in cases where collateral received through mutual repurchase agreements, securities lending, collateral swaps, or other transactions of a similar form that mature within a period of 30 calendar days, is used to cover short positions that may exceed 30 days, the bank shall assume that such repurchase agreements , securities borrowing contracts, collateral swaps or other transactions of similar form will be renewed again and will not create inflows that reflect the need to continue to cover short position or repurchase the relevant securities. Short positions will include both levels in cases where in the matched book the bank has sold the right of the security for sale as part of the trading or hedging strategy and the levels where in the matching book the bank has borrowed a security for a given period and credited the security for a longer period; 3.7. undrawn credit or liquidity facilities, including undrawn committed liquidity facilities from central banks, shall not be considered as an inflow; 3.8. amounts received from securities issued by the bank or any SSPE with which the bank has a close relationship shall be taken into account on a net basis with an inflow rate applied based on the inflow rate applicable to the underlying asset under this article; 3.9. loans with an undefined contractual maturity date will be considered at an inflow rate of 20%, provided the contract allows the bank to withdraw or demand payment within 30 calendar days. 4. Subparagraph 3.1. of paragraph 3 of this article shall not apply to amounts due from secured lending and capital market-based transactions that are collateralized by liquid assets in
24 of 27 accordance with Chapter II as defined in subparagraph 3.2. of paragraph 3 of this Article. Inflows from the release of balances held in segregated accounts in accordance with regulatory requirements for the protection of customer trading assets shall be taken into account in full, provided that those segregated balances are maintained in liquid assets as defined in Chapter II of this Regulation. 5. Outflows and inflows expected over 30 calendar days from the contracts listed in Annex IV of the Regulation on Bank Capital Adequacy and from credit derivatives shall be calculated on a net basis in accordance with Article 16 of this Regulation and shall be multiplied by an inflow rate of 100% in case of a net inflow. 6. Banks shall not take into account any inflows from any of the liquid assets defined in Chapter II other than payments due on the assets that are not reflected in the market value of the asset. 7. Banks shall not take into account inflows from any new obligations that they contract. 8. Banks shall take into account the liquidity inflows which are to be received in foreign countries where there are transfer restrictions or which are denominated in non-convertible currencies, only to the extent that they correspond to outflows respectively in the foreign country or currency in question. Article 26 Cap on inflows
25 of 27 2. CBK shall issue instructions for the implementation of this regulation. Article 28 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 the Law on the Central Bank and the Law on Banks. Article 29 Annexes Annex I and Annex II are an integral part of this Regulation. Article 30 Entry into force This Regulation shall enter into force on 1 January 2023. Flamur Mrasori Chairman of the Board of the Central Bank of the Republic of Kosovo ANNEX I FORMULA FOR THE DETERMINATION OF THE LIQUIDITY BUFFER COMPOSITION
26 of 27 2.2. the amount of level 2A assets; plus 2.3. the amount of level 2B assets; minus the lesser of: 2.4. the amount provided in points 2.1., 2.2., and 2.3.; or 2.5. the excess amount of liquid assets as calculated in accordance with paragraphs 3 and 4 of this annex. 3. "The excess amount of liquid assets": this amount shall be comprised of the elements defined as follows: 3.1. the amount of adjusted level 1 assets shall be equal to the value post-haircuts of all level 1 assets, that would be held by the bank in case of taking into account secured funding transactions, secured lending transactions or collateral swap transaction that matures within 30 calendar days from the calculation date and where the bank and counterparty exchange liquid assets on at least one leg of the transaction; 3.2. the amount of adjusted level 2A assets shall be equal to the value post-haircuts of all level 2A assets that would be held by the bank in case of taking into account secured funding transactions, secured lending transactions or collateral swap transaction that matures within 30 calendar days from the calculation date and where the bank and counterparty exchange liquid assets at least on one leg of the transaction; and 3.3. the amount of adjusted level 2B assets shall be equal to the value post-haircuts of all level 2B assets that would be held by the bank in case of taking into account secured funding transactions, secured lending transactions or collateral swap transaction that matures within 30 calendar days from the calculation date and where the bank and counterparty exchange liquid assets at least on one leg of the transaction. 4. calculation of the " amount of excess liquid assets": this amount shall be equal to: 4.1. the amount of adjusted level 1 assets; plus 4.2. the amount of adjusted level 2A assets; plus 4.3. the amount of adjusted level 2B assets; minus 4.4. the lesser of: 4.5. the amount of point 4.1., 4.2., and 4.3. 4.6. 100/30* point 4.1 4.7. 100/60* point 4.1 4.8. 100/85 * sum of point 4.1 and 4.2. 5. The formula for calculating the Liquidity Buffer is as follows: Liquidity buffer = Level 1 Assets + Level 2A Assets + Level 2B Assets – Adjustments for 15% cap – Adjustments for 40% cap. Where:
27 of 27 Adjustments for 15% cap = Max (Adjusted Level 2B Assets - 15/85 * (Adjusted Level 1 Assets + Adjusted Level 2A Assets), Adjusted Level 2B Assets - 15/60 * Adjusted Level 1 Assets, 0) Adjustments for 40% cap = Max (Adjusted Level 2A Assets + Adjusted Level 2B Assets - Adjustments for 15% cap) - 2/3 * Adjusted Level 1 Assets, 0) Alternatively, the formula can be expressed as: Liquidity Buffer = Level 1 Assets + Level 2A Assets + Level 2B Assets – Maximum (Adjusted Level 2A Assets + Adjusted Level 2B Assets) – 2/3 * Adjusted Level 1 Assets, Adjusted Level 2B Assets – 15/85 * (Adjusted Level 1 Assets + Adjusted Level 2A Assets),0) ANNEX II FORMULA FOR THE CALCULATION OF THE NET LIQUIDITY OUTFLOWS NLO = Net liquidity outflows TO = Total outflows TI = Total inflows Inflows subject to cap of 75% of outflows Net liquidity outflows are equal = NLO = TO – Min (TI; 0.75*TO)