2018-11-29
The Central Bank of the Republic of Kosovo mandates all licensed domestic banks to implement a comprehensive Internal Capital Adequacy Assessment Process (ICAAP) that ensures sufficient capital is allocated to cover operational risks and support strategic planning. Banks must continuously evaluate their risk appetite and capacity, integrate stress testing and sensitivity analysis into daily operations, and maintain robust governance frameworks that align risk strategies with business objectives. The regulation requires systematic risk identification, monitoring, and transparent reporting to the board and senior management, ensuring that capital adequacy assessments directly inform business decisions and regulatory compliance.
Pursuant to Article 35, paragraph 1.1 of the Law No. 03/L-209 of the Central Bank of the Republic of Kosovo (Official Gazette of the Republic of Kosovo, No. 77/16 August 2010), and Article 102 of the 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 November 29 , 2018 approved the following: REGULATION ON THE INTERNAL CAPITAL ADEQUACY ASSESSMENT PROCESS FOR BANKS Article 1 Purpose and Scope
2 1.1.“Risk profile” - is the assessment of the overall exposure to risks to which a bank is or could be exposed in its operations at a specific moment, including interactions and concentration risk (hereinafter: the bank’s risks). This assessment may take account of exposure to risks before or after the application of risk management measures; 1.2.“Risk appetite” (also “acceptable risk” and “risk tolerance”;) - is the overall level of risk accepted in advance, including the levels of individual types of risk, that the bank is willing to take up for the purpose of realizing its business objectives, strategies, policies and plans, having regard for the bank’s risk bearing capacity, its strategies and policies for the take-up and management of risks, and its capital, liquidity and compensation system or policies ; 1.3.“Risk limits” - are the adopted quantitative restrictions and measures based on which a bank manages the take-up of risks and their concentration across products, investments, business lines, entities in the group or other risk management criteria, and that allow the bank to allocate risks across business lines and types of risk and that the bank sets with regard to its risk appetite, various stress scenarios and other criteria; 1.4.“Risk bearing capacity” - is the largest overall risk level that a bank is able to take up, having regard for its available capital, liquidity, risk management and control measures, stress test results and other restrictions on the take-up of risks; 1.5. “Risk management culture” - is a bank’s level of standards and values implemented, considering the risk awareness of the members of the board of directors, senior management, and other employees that via their actions and attitudes to the bank’s risk and the proposals for internal control functions is reflected in their decision with regard to the take-up and management of risks at the level of the bank’s daily activities and has an impact on the implementation of the adopted risk appetite; 1.6.“Concentration risk” - is the risk of excessive direct and/or indirect exposure arising from the credit risk of a bank or banking group vis-à-vis an individual client, a group of connected clients or clients linked by common risk factors; 1.7.“Reputation risk” - is the risk of a loss as a result of a negative image about a bank held by its customers, business partners, employees, owners and investors, competent authorities or supervisory authorities, or other relevant public audiences;
3 1.8.“Strategic risk” - is the risk of loss as a result of incorrect business decisions by the board of directors and senior management, a failure to implement the decisions taken, and weak responsiveness on the part of the board of directors and senior management to changes in the business environment; 1.9.“Capital risk” - is the risk of a loss as a result of the inadequate composition of capital with regard to the nature and scope of a bank’s operations or to the difficulties that the bank faces in obtaining fresh capital, particularly in the event of the need for a rapid increase in capital or in the event of adverse business conditions; 1.10. “Profitability risk” - is the risk of a loss as a result of the inadequate composition or diversification of income or a bank’s inability to ensure a sufficient and sustainable level of profitability; 1.11. “Internal capital requirements” - is an estimate of the capital, needed for covering the bank’s risks; 1.12. “Internal capital assessment” - is the capital calculated on the basis of the internal definition of a bank’s capital components; 1.13. “Stress test” - entails the use of various quantitative and qualitative techniques for testing a bank’s robustness to severe but plausible developments set out by the bank on the basis of various combinations of changes in risk factors (stress test scenarios); 1.14. “Sensitivity analysis” - is a technique that is less complicated technique of a stress test and that merely includes an assessment of the impact of a change in a single precisely determined risk factor on a bank’s financial position, whereby the cause of the shock is not defined; 1.15. “ICAAP” – means Internal Capital Adequacy Assessment Process
4 Article 3 Assessing and ensuring internal capital adequacy
5 Article 6 Risk policies
6 2.4 Other restrictions, including any restrictions deriving from the bank’s bylaws, regulations and standards, or the requirements of the CBK. 3. Where specific risks or other factors are not taken into account in the assessment of the risk bearing capacity, the bank shall explain what the risks and factors are, citing the reasons why they have not been taken into account. 4. The bank shall regularly asses the risk bearing capacity, including during any significant change in exposure to taken-up risks. The assessment of risk bearing capacity shall be documented. The bank shall review the adequacy of the methodology for assessing risk bearing capacity at least once a year, including the proposals for its potential updating. Article 9 Bank’s risk
7 2. The risk management processes referred to paragraph 1 of this article are deemed effective if they facilitate the production of high-quality assessments, analysis, reports, proposals of measures and other results of these processes, including an internal assessment of risk-based capital requirements and an internal capital assessment, based on which the board of directors and senior management is able to take business decisions that are in accordance with the adopted risk appetite, and other measures in connection with the realization of stable internal governance arrangements at the bank. 3. The bank shall provide for systematic planning of the development of the risk management processes referred to in paragraph 1 of this article, for the purpose of their effective tailoring to any changes in the bank’s risk profile, the risks of the external environment and best risk management practice. Article 11 Identification and assessment or measurement of risks
8 1.1. The identification of the most significant causes of risk, and the preparation of appropriate stress scenarios; 1.2. The application of the results of stress tests for the purpose of: 1.2.1. Identifying risks and the development of the bank’s exposure to these risks, 1.2.2. Reviewing the adequacy of assessments or measurements of risks; 1.3. Compiling a toolkit of potential risk management measures referred to paragraph 1 of Article 13 of this regulation in the event of adverse operating conditions for the bank (e.g. the preparation of business continuity plans). 2. The bank shall take account of the results of stress tests in the process of reviewing and planning the bank’s risk appetite, risk limits and risk bearing capacity, planning the bank’s capital and liquidity, and making an internal assessment of capital adequacy and sustainable liquidity. The board of directors, the risk committee, the senior management and the internal audit department shall be briefed on the results of stress tests. The management board shall confirm the results of stress tests on each occasion. 3. The management board/ senior management shall review and approve the stress scenarios referred to in paragraph 1 of this article on each occasion, and shall brief the risk committee accordingly. Article 13 Managing taken-up risks
9 this article, in conjunction with the organizational units that are taking up the risks the risk management function shall provide for the regular monitoring and reporting of the risks for the purpose of managing these risks within the agreed risk limits or in accordance with the senior management decisions. Article 14 Risk monitoring and communication about risks
10 the senior management. The senior management shall brief the board of directors on such risks without delay. 4. In connection with the compilation of reports on risks the bank shall provide for an appropriate level of automation in the process of preparing individual reports that ensures their compliance with the actual situation. In the event of manual interventions in the content of a report, the bank shall provide for appropriate internal controls (e.g. an audit trail, the four eyes principle). Article 16 Adequacy of reports on risks
11 2. Should the bank use external contractors in the pursuit of its business activities, the risk management processes referred to paragraph 1 of this article shall also include the risks inherent in the use of external contractors. Article 18 Policy for approval of new product and external contractors
12 based capital requirements and the internal capital assessment on each occasion and the corresponding measures (hereinafter: results of the ICAAP). In so doing: 1.1. The senior management shall approve the adequacy of the ICAAP and its results on the basis of detailed knowledge of the objectives, processes, procedures and methodologies of the ICAAP; 1.2. The board of directors shall approve the adequacy of the ICAAP and its results on the basis of ensuring general awareness of the concept and objectives of the ICAAP, including an understanding of the importance of its results and the corresponding measures. 1.3. With each approval of the adequacy of the ICAAP, the board of directors and senior management confirms that the ICAAP is taking account of the risk strategies. 2. For the purpose of the effective adoption and monitoring of the implementation of business decisions and risk strategies referred to in paragraph 1 of this article, the bank shall ensure that the board of directors and senior management is regularly briefed on which of the bank’s risks are addressed in the ICAAP, including the corresponding internal assessments of risk-based capital requirements. Article 21 Planning and implementation of ICAAP
13 function, which ensures the proper balance of interests between the bank’s take-up of risks and its risk management. 2. The bank shall ensure sufficient human resources (HR) and financial conditions for the purpose of the implementation of the ICAAP, including the use of appropriate information technology. 4. The bank shall ensure that the ICAAP is regularly updated with regard to changes in the bank’s internal and external environments or changes in the objectives, strategies and policies referred to in paragraph 1 of Article 4 of this regulation. Article 22 Inclusion of identified risks in ICAAP
14 and products on a consolidated and individual basis. The bank shall ensure the regular review of the comprehensiveness of the data and the coordination of the data used with information from the balance sheet and other relevant data deriving from the bank’s financial reports. 2. A bank that uses advanced risk measurement techniques in its risk measurement (hereinafter: economic capital model) shall to this end ensure that the economic capital model, including the data used, is tailored to the bank’s business model, activities, products, and other internal and external circumstances. The validation (confirmation of the adequacy) of the economic capital model shall be provided by one of three organizational options of the bank which are independent, determined as follows: 2.1 Two separated units (i.e., one unit which develops the model and the other unit which validates the model) which report to different members of senior management. 2.2 Two separated units (i.e., one unit which develops the model and the other unit which validates the model) which report to the same member of senior management. 2.3 The separation of staff (i.e., the staf which develops the model and the staff which validates the model) within the same organizational unit which report to Chief Risk Officer. 3. In its risk measurement referred to in paragraph 1 of this article, the bank shall ensure that any consideration of the effects of risk management measures in the calculation of the internal assessment of risk-based capital requirements does not act to reduce the internal assessment of risk-based capital requirements such that the reduction in the internal assessment of risk-based capital requirements could be disproportionate to the actual effect of the risk management measures. Article 24 Internal assessment of risk-based capital requirements A bank shall calculate an internal assessment of risk-based capital requirements on the basis of its own methodology, including the combination of internal assessments of risk-based capital requirements for individual risks, or another appropriate methodology. Article 25 Internal capital assessment and objectives for maintenance of risk bearing capacity
15 bearing capacity are deemed appropriate if they include the bank’s approach to ensuring capital adequacy under the following scenarios at least: 1.1. The bank as a going concern; 1.2. An emergency (but plausible) situation in the bank’s operations. 2. The bank shall provide for the regular assessment (at least once a year) of the adequacy of capital components referred to in paragraph 1 of this article, including the consideration of any planned changes with regard to these components. Article 26 Capital planning For the purpose of stably ensuring capital adequacy, a bank shall provide for adequate capital planning for a period of at least three years that takes account of the bank’s approach to the distribution of any dividends and the possibility of recapitalization. The capital planning shall be based on realistic assumptions, having regard for the business strategy and the risk strategy referred to in paragraph 1 of Article 4 of this regulation, and any restrictions deriving from regulations and standards and from the requirements of the CBK. Article 27 Analysis of risk bearing capacity
16 bank’s investors. The protection of these interests is deemed appropriate if the bank’s capital is sufficient to repay the bank’s creditors. 4. The bank may also define scenarios for the maintenance of risk bearing capacity for the purpose of covering other, less significant risks that are frequently realized. 5. The bank shall monitor the consideration and any breaches of the risk bearing capacity under the scenarios for the maintenance of risk bearing capacity put in place. Article 28 Use of stress tests
17 Article 30 Documentation related to ICAAP process
18 ICAAP, overall, on the basis of the ICAAP report, supervisory examinations, and the dialogue with the bank regarding the capital adequacy, risk management, and risk bearing capacity. Article 33 Implementation, 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 Central Bank Law and the Law on Banks. Article 34 Appendices An integral part of this regulation is the Appendix 1. Article 35 Entry into force This Regulation shall enter into force on 01.01.2020 The Chairman of the Board of the Central Bank of the Republic of Kosovo
Prof. Dr. Flamur Mrasori
19 APPENDIX 1 Internal Capital Adequacy Assessment Process (ICAAP) Submission Template
20 ICAAP Submission Template Executive Summary This summary should provide an overview of the ICAAP framework and results such as: Confirmation that the bank (on a consolidated basis) has assessed its capital as adequate given the size and complexity of its business. Commentary on the most material risks faced by the bank, why the level of risk is acceptable or, if it is not, what mitigating actions is planned. Summary of the main findings of the ICAAP analysis including: • The level and composition of internal capital the bank believes should be held, with a comparison to the regulatory capital requirement under “Pillar 1” calculation (please complete the ICAAP - Report Summary Key Metrix Report for comparison of the risk components within the Bank’s Pillar 1 capital and its ICAAP assessment); • The adequacy of the Banks risk management processes; • Whether the bank has adequate capital resources over its planning horizon; and • A summary of the capital plans approved by the board – at minimum, these should include Common Equity Tier 1 (CET1) Ratio, Tier 1 Capital, Total Capital Ratio, and amounts / or structure of regulatory capital and internal capital assessments; • Summary of the financial position of the bank, its business strategy, balance sheet structure and projected profitability. • Description of the review, challenge and approval process of the ICAAP.
21 Background of ICAAP This section should provide a high level overview of the banks’ ICAAP, pulling together the Bank’s risk management framework, business planning and capital management. The overview should cover relevant policies and systems used by the bank to identify, manage and monitor its risks according to its risk appetite and its risk bearing capacity. Information on Business Model and Strategy This section should provide a high level overview of the bank’s business model and strategy, risk strategies and risk policies, and relationships as referred to Article 4. In this section the bank should provide also a description of the current business models including identification of core business lines, markets, geographies, and products the bank operates; description of main income and cost drivers, allocated to core business line, and markets; and forward-looking strategy in terms of description of the changes planned by the bank to the current business model and its underlying activities. Information on Risk Governance and Management Framework This section should provide a high level overview and description of the bank’s overall governance arrangements, including the roles and responsibilities within the risk management and control organization, including at the level of board of directors and senior management; description of reporting lines and frequency of regular reporting to the management; description of interaction between risk measurement and monitoring and actual risk taking practice (e.g. limit setting, monitoring, dealing with breaches etc.), etc.. Information on Risk Appetite Framework This section should provide a high level overview of the bank’s risk appetite and set out the frequency of review of the risk tolerance by senior management and the board of directors.
22 Material Risks This section should provide a concise description of the bank’s risk identification process and outline how the bank identifies material risk areas. Key risks which should be considered as part of an ICAAP include: In a separate appendix (include as Appendix 1 to your ICAAP submission), please provide further detail on the bank’s risk assessment and quantification methodology, including: How the bank defines each of the key risks listed above as well as any other risks identified as key based on the bank’s risk profile; How the bank determines the materiality of each key risk; and A description of how each material risk is then quantified for capital allocation purpose, including detailed methodology to specify data, assumptions and calculations. Risk Bearing Capacity This section should provide a high level overview of the Banks’s risk bearing capacity and maintenance of risk bearing capacity. The Bank here generally presents the methodology and process for assessing the risk capacity, including the risk- bearing capacity analysis as required by Article 27 of this Regulation. In appendix is presented in detail the methodology, calculations, and the entire process, including detailed analysis of the risk-bearing capacity. Information on Capital Planning This section should include: the bank’s “baseline” capital forecasts (at least quarterly, based on annual business plan); a 3-year summary forecast capital position; and A description of the bank’s capital planning and management process, including an outline of how ICAAP is incorporated into this process. Stress Testing This section should provide a concise description of how the bank’s stress testing program is used to support capital adequacy assessment and management.
23 CBK expects banks to stress test all material portfolios and significant risks identified. The detailed methodology of stress tests should be presented in a appendix. Integration of ICAAP into Risk Management This section should: Summarize how ICAAP has been used by the bank and how it is embedded in the decision making process; Describe how ICAAP results have been integrated into risk limits setting and monitoring; and Describe how the ICAAP results are reported to the board. Challenge & Next Steps This section should: Summarize the extent of challenge and testing of the ICAAP and the control processes applied to the ICAAP calculations; Outline the board and senior management sign-off procedures; Identify the nature of any third party review of the ICAAP; and Identify any plans to enhance the ICAAP going forward.
24 ICAAP - Summary Key Metrix Report Capital Planning Summary Form Institution: Financial Year End: Submission date: Risk Weighted Assets: (000 Euro) Board Approval: Total Equity (000 Euro) ICAAP Elements Pillar I capital requirements ICAAP estimate (in 000 EUR) (in 000 EUR) Risk subject to minimum capital requirements Credit risk Market risks Operational risk Total Pillar I Risks Risks not fully covered by minimum capital requirements Residual risk (from credit risk) Securitisation risk Residual risk (from market risk) Currency risk Risks not subject to minimum capital requirements Interest rate risk Concentration risk Counterpart risk Market liquidity risk Reputation risk Model risk Profitability risk Strategic risk Capital risk Compliance risk ….. (If needed, add additional rows) Total Pillar II Risks Additional capital to cover stress testing and capital planing Internal assesment of risk-based capital Diversification effects (-) a) for the same risk b) for different rikss Overall capital requirement/estimate Total Pillar I capital requirement Total Pillar II capital requirement (Reference to Appendix 2 of your ICAAP Submission) of which: (000 Euro) Current (t) Year (t+1) Year (t+2) Year (t+3) Risk-weighted Exposures Regulatory Capital Minimal capital requirement (Pillar 1) Capital Adequacy Ratio (%) Capital requirement (Pillar II) Total capital requirement Capital Planing