2017-03-10
The Central Bank of Tunisia issued Circular No. 2017-02 to establish the comprehensive operational framework for implementing its monetary policy, designating the overnight interbank rate as the primary target. The circular mandates that eligible banks access liquidity through main, longer-term, fine-tuning, and structural operations, utilizing negotiable and non-negotiable assets as collateral under the CAER system. It further standardizes standing facilities, mandatory reserve calculations and remuneration, and repeals prior conflicting regulations to ensure price stability and financial system efficiency.
1 Tunis, March 10, 2017 Circular to Banks No. 2017-02 Subject: Implementation of Monetary Policy by the Central Bank of Tunisia. Having regard to Law No. 2016-35 dated April 25, 2016 establishing the statutes of the Central Bank of Tunisia and in particular its Articles 10, 11, 12 and 63; Having regard to Law No. 2016-48 dated July 11, 2016 concerning banks and financial institutions; Having regard to Law No. 2013-30 dated July 30, 2013 concerning Islamic sukuk; Having regard to Law No. 2012-24 dated December 24, 2012 concerning the stock lending agreement; Having regard to Law No. 2000-35 dated March 21, 2000 concerning the dematerialization of securities; Having regard to Law No. 2000-92 dated October 31, 2000 concerning deeds of assignment or pledge of professional claims and the mobilization of related credits; Having regard to Circular No. 91-24 dated December 17, 1991 concerning the division, risk coverage and monitoring of commitments as amended and supplemented by subsequent texts; Having regard to Circular No. 2002-05 dated May 6, 2002 concerning mandatory reserves as amended and supplemented by subsequent texts; Having regard to Circular No. 2005-09 dated July 14, 2005 concerning the organization of the money market as amended and supplemented by subsequent texts; Having regard to Circular No. 2008-06 dated March 10, 2008 of the Central Bank of Tunisia concerning the information center; Having regard to Circular No. 2008-07 dated March 13, 2008 to credit institutions and approved intermediaries concerning the use of the "SED" data exchange system; Having regard to Circular No. 2014-4 dated November 10, 2014 to banks concerning the liquidity ratio;
2 Having regard to Opinion No. 02/2017 of the Control and Compliance Committee dated March 1, 2017, as provided for in Article 42 of Law No. 2016-35 dated April 25, 2016 establishing the statutes of the Central Bank of Tunisia; Having regard to the deliberation of the Board of Directors of the Central Bank of Tunisia dated March 1, 2017; Preamble The law establishing the statutes of the Central Bank of Tunisia assigns it as its main objective to ensure price stability, and to contribute to financial stability in order to support the State's economic policy in terms of growth and employment. By contributing to healthy, sustained, durable and non-inflationary economic growth, monetary policy favors a high level of employment and supports the competitiveness of the national economy. To achieve its ultimate objective, price stability, the Central Bank of Tunisia uses interest rates as its preferred instrument for conducting monetary policy. Thus, based on its expectations regarding inflation and economic growth, the Central Bank of Tunisia adjusts the level of its policy rate, which directly influences the overnight interbank rate, considered as the operational target of monetary policy. This in turn influences the term structure of interest rates, thereby ultimately affecting the financing conditions for all economic actors. Article 1: General Provisions This circular sets out the conditions for implementing the monetary policy of the Central Bank of Tunisia. The adherence to the implementation conditions as provided for in Annexes II, III and IV of this circular is required for any counterparty to access monetary policy operations. Adherence is confirmed by signing the adherence form set out in Annex I of this circular. The practical procedures and execution methods for monetary policy operations are described in the Operations Manual, set out in Annex II of this circular.
3 The provision of liquidity by the Central Bank of Tunisia is conditional upon the mobilization in its favor of appropriate guarantees in the form of negotiable and/or non-negotiable assets meeting the eligibility criteria set by the Central Bank of Tunisia. The rules governing the mobilization of negotiable and non-negotiable assets are set out respectively in Annexes III and IV of this circular. Article 2: Eligible Counterparties The conditions below aim to allow a broad range of counterparties access to monetary policy operations according to uniform prudential and operational eligibility criteria. The following qualify as "eligible counterparties" for monetary policy operations: banks within the meaning of Law No. 2016-48 dated July 11, 2016 concerning banks and financial institutions, which cumulatively meet the following conditions:
4 TITLE I: OPERATIONS INITIATED BY THE CENTRAL BANK OF TUNISIA Article 4: Definition of Operations Initiated by the Central Bank of Tunisia Operations initiated by the Central Bank of Tunisia are carried out for the purpose of steering the overnight interbank interest rate, managing banking liquidity, and indicating monetary policy orientation. The Central Bank of Tunisia decides on their execution conditions and the instruments to be used. Article 5: Categories of Operations Initiated by the Central Bank of Tunisia Operations initiated by the Central Bank of Tunisia consist of four categories of operations defined as follows:
5 Fine-tuning operations may be carried out using temporary transfer operations, foreign exchange swaps for monetary policy purposes, or uncollateralized liquidity take-up. Structural operations may be carried out using outright purchases or sales of negotiable public or private assets, including Islamic sukuk, foreign exchange swaps for monetary policy purposes, uncollateralized liquidity take-up, or the issuance of Central Bank of Tunisia debt certificates. TITLE II: STANDING FACILITIES Article 7: Definition of Standing Facilities Eligible counterparties may avail themselves, at their own initiative, to the standing facilities of the Central Bank of Tunisia. Standing facilities comprise the marginal lending facility and the deposit facility, intended respectively to provide and withdraw liquidity on an overnight basis. The rates applied to standing facilities form a corridor within which overnight interbank rates fluctuate, with the marginal lending facility rate as the ceiling and the deposit facility rate as the floor. The Central Bank of Tunisia may, at any time, modify the conditions of standing facilities or suspend them. The Board of Directors of the Central Bank of Tunisia regularly decides on the interest rates applicable to standing facilities and their effective date. Article 8: Marginal Lending Facility Eligible counterparties may use the marginal lending facility to obtain overnight liquidity from the Central Bank of Tunisia, through a temporary transfer operation in the form of a secured loan or repurchase agreement, at a predetermined interest rate using eligible assets as collateral. Article 9: Deposit Facility Eligible counterparties may use the deposit facility to make overnight deposits with the Central Bank of Tunisia at a predetermined interest rate. The Central Bank of Tunisia provides no guarantee in exchange for deposits made by eligible counterparties.
6 TITLE III: MANDATORY RESERVES Article 10: Definition of Mandatory Reserves Banks are subject to the obligation to establish mandatory reserves in the form of deposits with the Central Bank of Tunisia. The mandatory reserve system essentially aims to stabilize money market rates through the averaging mechanism and to create or strengthen the demand for central bank money, thereby enabling the Central Bank of Tunisia to intervene effectively as a liquidity regulator. Article 11: Calculation of Mandatory Reserves The amount of the mandatory reserve is determined by applying to the base constituted by Tunisian Dinar deposits, the rate grid set out in Annex II.3 of the Operations Manual for monetary policy set out in Annex II of this circular. Article 12: Period for Establishing Mandatory Reserves The period for establishing the mandatory reserve for a given month extends from the first to the last day of the following month. The elements entering the base for the mandatory reserve are extracted from the monthly accounting statement of the relevant month. Article 13: Verification of Compliance with Mandatory Reserves The mandatory reserve is constituted by the credit balances, for the establishment period, of the current account opened on the books of the Central Bank of Tunisia. For holidays during the period, the balance to be considered is that of the preceding business day. The daily average balance of each bank's current account must be at least equal to the amount required for the mandatory reserve. Article 14: Remuneration of Mandatory Reserves The Central Bank of Tunisia may decide to remunerate the mandatory reserves of its counterparties, in part or in full, at a rate it deems appropriate.
7 TITLE IV: ELIGIBLE ASSETS Article 15: Definition of Eligible Assets To protect the balance sheet of the Central Bank of Tunisia against credit risk, refinancing operations are carried out based on appropriate security. To this end, the Central Bank of Tunisia accepts as collateral for refinancing operations, negotiable assets including public and private debt securities, and non-negotiable assets representing banking claims on enterprises and individuals, in accordance with the criteria established under this circular. Article 16: Eligibility Criteria for Negotiable Assets Negotiable assets admitted as collateral for refinancing operations must meet the following eligibility criteria:
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9 For any negotiable asset traded on a market, the market price used is that of the business day preceding the valuation date. In the absence of a representative market price, the Central Bank of Tunisia determines a theoretical price in accordance with commonly accepted methods for evaluating financial assets. For banking claims, and in the absence of a rating system, the value used for these assets corresponds to their outstanding amount at a specified date. The value of the assets, reduced by any haircuts established by the Central Bank of Tunisia, must constantly be greater than or equal to the total principal amount of operations plus accrued interest. The Central Bank of Tunisia reserves the right to apply haircuts, proceed to margin calls, require additional guarantees, exclude certain eligible assets, or apply limits on risks vis-à-vis issuers, debtors, or guarantors. Article 20: Repeal All prior provisions contrary to or duplicating this circular are hereby repealed, and in particular those:
10 ANNEXES ANNEX I: Adherence Form to the Implementation Conditions of Monetary Policy ANNEX II: Operations Manual for Monetary Policy ANNEX III: Tripartite Agreement on the Mobilization of Negotiable Assets ANNEX IV: Agreement on the Mobilization of Non-Negotiable Assets
11 ANNEX I TO CIRCULAR NO. 2017-02 TO BANKS DATED MARCH 10, 2017 "ADHERENCE FORM TO THE IMPLEMENTATION CONDITIONS OF MONETARY POLICY OPERATIONS OF THE CENTRAL BANK OF TUNISIA" (To be returned to the Central Bank of Tunisia in duplicate) (To be completed in block letters) Name of the counterparty: Full address: The ……………………………………………………………., hereby accepts without reservation all conditions stipulated in Annexes 2, 3 and 4 of Circular No. 2017-02 to banks dated March 10, 2017 concerning the implementation of monetary policy by the Central Bank of Tunisia. By signing this adherence form, the ………………………………………. authorizes the Central Bank of Tunisia to unilaterally modify the implementation conditions of its monetary policy set by the annexes of the aforementioned circular. The modifications will be communicated to the counterparty by any means leaving a written record and will take effect after a period of fifteen (15) business days from the communication date. This period may be shortened by the Central Bank of Tunisia in case of justified urgency. The new conditions will be published on the website of the Central Bank of Tunisia. For the aforementioned counterparty For the Central Bank of Tunisia Date
12 ANNEX II TO CIRCULAR NO. 2017-02 TO BANKS DATED MARCH 10, 2017 "OPERATIONS MANUAL FOR MONETARY POLICY"
13 SUMMARY FIRST PART – OBJECT, SCOPE AND DEFINITIONS SECOND PART – MONETARY POLICY OPERATIONS, INSTRUMENTS AND PROCEDURES TITLE I – OPERATIONS INITIATED BY THE CENTRAL BANK Chapter 1 – Overview of operations initiated by the Central Bank Chapter 2 – Categories of operations initiated by the Central Bank Chapter 3 – Instruments for operations initiated by the Central Bank TITLE II – STANDING FACILITIES Chapter 1 – The marginal lending facility Chapter 2 – The deposit facility TITLE III – PROCEDURES APPLICABLE TO MONETARY POLICY OPERATIONS Chapter 1 – Call tender procedures and bilateral procedures applicable to operations initiated by the Central Bank Section 1 – Call tender procedures Section 2 – Operational steps of call tender procedures Section 3 – Bilateral procedures applicable to operations initiated by the Central Bank Chapter 2 – Settlement procedures applicable to monetary policy operations TITLE IV – MANDATORY RESERVES THIRD PART – ELIGIBLE ASSETS FOURTH PART – MEASURES TAKEN IN CASE OF COUNTERPARTY DEFAULT OBLIGATIONS FIFTH PART – DISCRETIONARY MEASURES SIXTH PART – FINAL PROVISIONS ANNEXES ANNEX II.1 – Announcement of call tender operations ANNEX II.2– Announcement of call tender results ANNEX II.3 – Model declaration of mandatory reserve ANNEX II.4 – Penalty regime and suspension imposed by the Central Bank in accordance with the fourth part ANNEX II.5 – Example of monetary policy operations and procedures
14 FIRST PART OBJECT, SCOPE AND DEFINITIONS Article 1 Object and Scope